Leave and liscence

shalil (Querist) 16 June 2017 This query is : Resolved
can a co-operative housing society collect "processing fee" from its members for premise given on leave and licence?
can a resolution passed in AGM regarding the same is legal, and in line with the by-laws?

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Dr J C Vashista (Expert) 17 June 2017
AGM is supreme in a Cooperative Housing Society wherein the society can decide to levy such charge(s) as per its Bye-laws, there is no legal infirmity.

Hemant Agarwal (Expert) 17 June 2017
1. Under the MCS Act, IRRESPECTIVE of any AGM resolution or whatever, a Society has no legal jurisdiction to collect any type of Charges (including "Processing Fees") from its Members or Legitimate Tenants, to the exception of 10% as Non-Occupancy Charges. PERIOD.

2. Kindly prefer to visit the following link, for more details:.
http://www.lawyersclubindia.com/articles/Non-Occupancy-Charges-in-a-Society-5705.asp

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Bharat Vakil (Expert) 17 June 2017
I fully agree with the opinion given by Shri Hemant Agarwal, Any resolution has to be within the framework of Bye=laws/Rules/Act;moreover any amendment has to have the approval of registering authority.