Maintenance charges for commercial use in housing society

ras sharm (Querist) 30 July 2023 This query is : Resolved
Sir in my co-operative society there are shops facing main road, these shop owners don't use lift or water. Can we take maintenance charges from them?? They refuse to pay any charges on the pretext of not using water or lift.
From last 20 years they are exempted from paying monthly maintenance.

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Quick Summary

This discussion explores whether shop owners in a housing society can be charged maintenance fees, especially if they don't utilise facilities like lifts or water. While shop owners have historically been exempt, the legality hinges on the society's bylaws. If bylaws mandate charges for commercial units, the society can pursue collection, potentially via legal notice. However, commercial activity itself might be invalid if not part of the sanctioned plan, suggesting a need for legal counsel.

Isaac Gabriel (Expert) 30 July 2023
If an agreement to that effect is in vougue, you have to aabide by it. If at all the society want to collect charges you can justify showing reasons and issue notice and collect the charges.

kavksatyanarayana (Expert) 30 July 2023
In the bylaws of the society if it is mentioned to collect the maintenance charges from shop owners also, they have to pay the same. But when there is no such clause why do they pay the maintenance charges?

T. Kalaiselvan, Advocate (Expert) 31 July 2023
If the maintenance charges are common to even the commercial establishments as per the bylaws, then the association has to issue a legal notice to them to pay them as per bylaws.

Dr. J C Vashista (Expert) 31 July 2023
How a housing society can grant permission to anyone for commercial purpose, if it is not there in the "sanctioned plan" ?
Consequently an agreement for commercial activity in a housing society is invalid, void and illegal, revisit law on the subject through a local prudent lawyer.

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