Chetan Thakkar (Secretary) 28 March 2014

Co-op housing society doubts

Hello,

I am a secretary of Co-op. Housing Society in Maharashtra.

I have following doubts, please help me resolve such doubts.

1. How much is the maximum amount towards Non-Occupancy Charges to be levied on Member if he/she has given his/her shop/flat on rent ? is there any provision in bye-laws to decide in AGM to Fixed charges, let say Rs.200 or 300 as NOC to Member if it is given on Rent ? and if it is not allowed to take excess amount of NOC from Members, for how much period society is bound to reverse such charges, if it is wrongly charge from 6 years, and if member claim for the same ?

2. In our society 1 shop is used for Beauty Parlor purpose, member has Joined illegally with support of Corporators Water Connection which is available for residential purpose & also made new Toilet inside the Shop without approval of Society. what is the action to be taken on such case ?

3. Our Society Shop Members N.A. Tax is yet pending from the beginning, can society charge Rs.300/- as commercial water use charges to above Beauty parlor member ?

Thank you.

Reply Follow

2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 29 March 2014

1. According to Maharashtra Government order the maximum chargeable as non-occupancy charges is only 10% of the service charges. The actual amount to be collected within this limit has to be decided by the General Body.

2. You are saying that a shop is being used as beauty parlor. What was the intended use of the shop earlier? Change of user cannot be made without the permission of the Society? You say that it was a designated as a shop even earlier. As a shop is also a commercial establishment the rate of Municipal Tax will be more. I do not know whether if a shop is converted to a beauty parlor whether there will be further increase in tax. The permission of the Municipality is also required for any change of user. Municipality should not give such permission without the knowledge and permission of the Society. Sometimes members clandestinely apply to Municipality for change of user. They bribe the Municipal staff. You can ascertain this from the Municipality through RTA.

You can write to the member to revert the user to the previous one. Obviously you will not receive any reply. Next you write to him threatening legal action. Then you take legal action. Permission of the General Body is not necessary for legal action. A resolution of the Managing Committee is sufficient. You will have to spare your time for going to court etc.

What is the basis adopted by you for charging water charges from other members? Is water supply to your Society metered? You can call a General Body meeting to decide on charging the member for water. You can call an EGM for the purpose. You can also discuss at the AGM. But you must clearly include it as an agenda item in the notice for AGM. At first let the MC or you yourself decide on how much should be charged on the member. Then you place it before the GM as a specific proposal. Do not leave it to the GB to decide. The matter will drift only. The GB can alter your proposal if they want.

3. What is N. A. Tax?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 30 March 2014

You would have received in 2013 the revised tax-rates and user classification of each flat. You can find out from it the tax and classification of the beauty parlour.