Non occupancy charges in a condominium society

N.V.Srinivasan (Querist) 06 August 2009 This query is : Resolved
Does managing commitee/ AGM have the authority to charge Non occupancy charges in a condominium society in Mumbai India,if yes how much maximum amont is the member entitle to pay as non- occupancy charges.

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Advocate SK Rohilla New Delhi (Expert) 06 August 2009
Read Memorandum and Article of association for authority.

No minimum or maximum limit of AMOUNT is applicable on occupacy charge. But there is maximum limit of 10% of monthly rent amount. Maintenance charges can also be levied if there is agreement to that effect with Maintenance Agency.

Manish Singh (Expert) 12 August 2009
dear Mr. Srinivasan,
as to the applicabilty of the non occupancy charges, it has been held by the court to be a valid charge for non occupants but only whn the flat is rented out not to close relatives otherwise you wont be liable for the same. also the maximum charge for the same can not be arbitarily charged and there is a Bombay HC judgment in ths regard. i will provide u the judgemnt soon.

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