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K Srinivas (sod)     19 July 2013

Extra maintenance charged by society

Our society charges monthly maintenance of 1870 (2/- per sqft) and 122 per month as non-occupancy charge since it is let out. Now the society has passed a resolution at AGM and is charging 15000 / year as long as it is let out as extra maintenance charge. We were not present in AGM. Is it legal? it is a whopping 66% of annual maintenance fee whereas we are getting no additional maintenance nor there are multiple people at our flat. Only a decent and cooperative couple stay there.Please help out.. We are in mumbai. What should be our reaction to such a measure by the society ? Whom should we approach for a resolution. We have written to the society and also talked to the society secretarty who says the scociety has to earn and hence you have to pay.



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 3 Replies

SAA_Bombay (Pro)     19 July 2013

As per law, Society can charge Non Occupancy Charges maximum upto 10% of Service Charges. You can ask your society break up of charges, by which they derived to this figure. You can raise your objection against this resolution by writting to Managing Committee. If Society is in need of money & you people want to build a capital, each member can make a donation of fixed amount as decided amoung yourself or can increase the maintainance charges of all the members, why only sellected members have to suffer?     

K Srinivas (sod)     19 July 2013

Sir, As rightly suggested by you we had written to the society managing committee that we were not aware of such an AGM resolution and that the head under which the amount is charged is "extra maintenance charges". So we had asked them what extra maintenance you are doing for us separately when regular maintenance and non-occupancy charges are also paid to you regularly. We hav refrained from paying this amount but for this all dues are clear. Of course they had been charging late interest on this 15000 since December 2012. The tenant head count is also less - they are just two whereas we used to be 3 Adults and 1 child as owners. There has been no response to the letter. Verbally they told us that we hav eto pay since it is part of AGM decision and that society needs to earn. Should we approach the Registrar of Cooperative Societies for this or can we send a communication to society from our lawyer?

SAA_Bombay (Pro)     23 July 2013

There is no concept of Extra Maintainance Charges in Society. Either you have less or more maintainance. All the members can accumulate funds for some special need, if any, but that too is done by all not sellected members.  in line with your first query, the rules should be framed for all & no for few. If Society does not give any response to you letter, send a reminder after some time. In reminder letter, at last ,you can mention that " You are requested to reply in writting for aforesaid within 7 days from receipt of this letter, in absence of any written reply from you, it will be considered that managing committee agrees with the matter of letter & matter is resolved here".  

Managing Committee is bound to produce details of charges & expenses. 


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