Maintanence

Querist :
Anonymous
(Querist) 23 December 2010
This query is : Resolved
what shoul be the difference in the monthly maintainance charged froma tenant? are there fixed laws for it or whatever the co-op decides is final? also what if the owner has a PG (paying guest) can the person be charged differential maintanence.
Y V Vishweshwar Rao
(Expert) 23 December 2010
it depends on the monthly expenditure for common facilities and amenities provide in the Building - there is no hard and fast rule -all the monthly expenditure to be shared by the Occupants of the Building in a reasonable ratio .

Querist :
Anonymous
(Querist) 23 December 2010
i mean i am the owner of a flat and i have paying guests staying with me i.e i myself also stay . so can the society force me to pay higher maitanence that is charged to other tenants? As our society takes double maint frm tenants... so do i fall under that category?
Also from where can i get my societys bylaws and if soc does not have any, which bylaws will be applicable?
Devajyoti Barman
(Expert) 23 December 2010
Yes only if the by laws of your society so provides. Otherwse the socety can not charge more.

Querist :
Anonymous
(Querist) 23 December 2010
ok , let say bylaws have such a clause but since the place is self occupied , (i live in the same flat)i do not fall under the category of tenants so i dont think i am liable to pay a tenants maintanence.
Also, please let me know from where can i get the bylaws?

Querist :
Anonymous
(Querist) 23 December 2010
Further, if i am not liable to pay and if they force me to, and in worst case let say cut my water connection, what is the legal remedy available?

Querist :
Anonymous
(Querist) 23 December 2010
Also, is there a specific rate at which owners and tenants can be charged maintanence?
Devajyoti Barman
(Expert) 23 December 2010
If you are a member and aggreed by the acts of the Society then you can complain with the registrar of the co-operative societies of the your locality.
s.subramanian
(Expert) 24 December 2010
First of all you are bound by the byelaws. Nextly,your flat is not self occupied fully. When you have allowed PG to be with you, it partakes the nature of a rented out flat partially. Therefore you cannot claim any exception to the rates claimed by the society.
s.subramanian
(Expert) 24 December 2010
First of all you are bound by the byelaws. Nextly,your flat is not self occupied fully. When you have allowed PG to be with you, it partakes the nature of a rented out flat partially. Therefore you cannot claim any exception to the rates claimed by the society.

Querist :
Anonymous
(Querist) 04 February 2011
My society charges 800 for s.o, 1200 from flats rented and 1600 from flats which are rented to students. Can they keep 3 diff maintanence charges like this.
Also, what about the rule of max 10 % non-occupancy charges according to the co-op housing soc act?