Housing society maintenance charges

V Manikandan (Querist) 27 June 2017 This query is : Resolved
My housing society is claiming some charges areawise and other flatwise.

The areawise collections are kept as reserve fund and flatwise fund is used for daily services, maintenance, small repair works other expenditures.

As per bye-law no 65 (Maharashtra, 2014), service charges shall be levied flatwise for byelaw no 64 vii to match the following expenditure.

1. Salaries of the office staff, liftmen, watchmen and any other employees of the Society.
2. Where the Society has independent Office, the property taxes, electricity charges, water charges etc. for the same.
3. Printing, Stationery and Postage,
4. Travelling Allowance and conveyance charges to the staff and the Members of the Committee of the Society.
5. Sitting fees paid to the Members of the Committee of the Society,
6. Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd.
7. Annual Subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated.
8. Entrance fees for affiliation to the Housing Federation and any other cooperative institution.
9. Audit Fees for internal, Statutory and reaudit, if any
10. Expenses incurred at meetings of the general body, the Committee and the Sub-Committee, if any as per by-law and some other small expenditures.

As per Bye-law no. 66.a.iii. Repair and Maintenance fund is to be collected minimum 0.75% of flat value per annum to match all repair and maintenance.

Except service charges, no other charges (not considering parking charges, funds to federation etc) are flatwise charges. However, bye-law no 66.a.iv says "Expenses on repairs and maintenance of the lift, including running charges for the lift : Equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not." I hope it is specially mentioned to avoid misconception of the fact of not using the service by any member". It is clearly mentioned as Expenses on repair and maintenance of the lift and not as services by or using the lift.

Bye law no 67.a. lists the expenditure under repair and maintenance it includes lift, generator, CCTV, garden etc.
Bye-law no 14.b. clears that "Repair and maintenance fund may be utilised for meeting the expenditure on maintenance of the society's property and repairs and renewals and thereof"

My committee members rejected my request. Please advise me whether I am wrong or I have to request again to implement the law.

Follow Query

Report Abuse

Kishor Mehta (Expert) 27 June 2017
Sir,
The Managing Committee has no business taking any decision adverse to the ruling Bye-Laws of the CHS. You cans always approach the Deputy Registrar of CHS of your zone in the matter.
Good Luck,
Kishor Mehta

V Manikandan (Querist) 28 June 2017
Thanks for your reply sir.

Kindly confirm me that AMC and operational cost of Lift , Generator ( and others listed in bye law no 67 a.) will be under head of bye law no 66 a iii as flatwise charges is limited to 64 vii.