Non-occupancy charges applicable in an apartment condominium

This query is : Resolved 

Querist : Anonymous (Querist)
14 June 2019

Dear Sir,
I reside in a flat / bungalow in a residential complex that is registered as an Apartment Condominium.
At present, I have rented out my premises. Now the Board of Managers is demanding 20%
non- occupancy charges from me. I understand that in a cooperative housing society maximum 10% is payable as non- occupancy charges.
Kindly clarify what non-occupancy charges are payable under the Act, by me in an apartment Condominium.
I would appreciate if you could cite a High Court / Supreme Court judgement, with relevant clause details.
Thanks in advance.
Kind regards,

Dr J C Vashista (Expert)
15 June 2019

@ Rajendra,
1. Whether the property (flat/bungalow) is part of a Cooperative Housing Society or RWA or any other type of complex demanding 20% non-occupancy charges ?
2. Is there any resolution adopted by concerned CHS / RWA ? If so, are you a member of the Society/ RWA? Did you agree/ challenge such an illegal resolution?
There are number of other questions related to your query, it would be advisable to consult a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.
However, if you are located in Delhi and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # + 91-98911-52939 email: majjagdish@yahoo.com

Querist : Anonymous (Querist)
16 June 2019

Dear Sir,
Thank you for your prompt response.
As mentioned, the residential complex in which my flat / bungalow is located has been registered as a CONDOMINIUM, of which I am a lawful member.
What I wish to learn is, notwithstanding the resolution passed by the Board of Managers of this Condominium, what does the law state?
In case of cooperative housing societies, the law states that the non-occupancy charges ought to be10%.
Likewise, what does the law / Act state in case of a CONDOMINIUM.
Would appreciate your response in this matter.
Unfortunately, I am not located in Delhi.
Thanks in advance.

R.K Nanda (Expert)
21 June 2019

depends on CHS bye laws.check it.

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