Co op housing society move in out charges

Balaji Suryavanshi (Querist) 06 August 2022 This query is : Resolved
We have some companies like MTNL, BMC & RIL as share/flat holders in our society. Are they required to pay move in / out charges each time their employee occupying flat changes?

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This discussion addresses whether residents in a co-op housing society, particularly those renting out their flats on a leave and license basis, are liable to pay 'move in/out charges' each time a tenant changes. It questions if corporate shareholders, like MTNL or RIL, also pay these charges for their changing employees. The query also explores whether charging both non-occupancy fees and move in/out charges constitutes double-billing and advises verifying the society's bylaws and general body meeting resolutions for clarity.

kavksatyanarayana (Expert) 06 August 2022
It depends on the rules and regulations of society. usually not required to pay for occupying charges.

Dr J C Vashista (Expert) 07 August 2022
Whether the charges have been approved by General Body Meeting of members of Society ? If so, it is rule of the Society and the employees moving in/out shall have to pay.

Balaji Suryavanshi (Querist) 07 August 2022
Thanks for answers. Let me reframe my querry: Our Coop housing society is formed in 2015 & located in Mumbai. As per 'society rules & regulations' approved in Annual GenBody Meet 2016, all flats wil be used for residential accomodation purpose only & not as guesthouse/transit house/service apartment/commercial/professional purpose.

I give my flat on 'leave & license' basis to tenants for 11 months. The society people said that I need to pay 12.5K as 'move in/out charges' each time a tenant moves in or moves out. Effectively that means paying 25k for each tenant change. Though I'm yet to receive copy of any byelaw/rule/resolution on our society to that effect. But even if they show me some rule my question is as under.

We have some companies like MTNL, BMC & RIL as share/flat holders in our society. I learnt that a company can be considered as a person in law. Though, I'm yet to confirm that how these flats are being used by these companies, but I'm sure that their occupant employees must be changing.

So, my querry is that if I need to pay these mov in/out charges then are these companies also required to pay move in / out charges each time their employee occupying flat changes?

Balaji Suryavanshi (Querist) 07 August 2022
And when the society is already charging non occupancy charges in maint bill bcz I'm personally not occupying my flat & have instead rented it, then can they again charge these mov in/out charges simulteniously? Isn't it that I'm being charged twice for my non occupancy/ tenant?

Dr J C Vashista (Expert) 08 August 2022
Are you the only member of society who is being charged for moving in/out ?

Balaji Suryavanshi (Querist) 08 August 2022
Most of others are themselves staying in society, except for company flats. So pl guide on both points i.e. Non occupancy charges & mov in/out charges simultaneou.

kavksatyanarayana (Expert) 10 August 2022
Verify the Bylaws of the society. If the society is not permitted you to check bylaws then you can apply for a certified copy of the Bylaws to the Dy.Registrar of Cooperative Building Societies of your district.

Dr J C Vashista (Expert) 11 August 2022
Such charges do not form part of Bye-Laws adopted by a Society but passed in General Body Meeting, please check with Managing Committee directly or through RTI application, as convenient to you.

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