Maintenance charges of shop owners of housing society

Smrity K (Querist) 29 September 2023 This query is : Resolved
Our society consists of two 2 bhk AND 1 bhk flats and some shops . Our maintenance charges covers equal amount for the common services and Sinking fund and Repairs are charged as per the Area. Shop owners are not charged according to the commercial rates. while they are charged as mentioned above, however electricity charges are levied only Rs.100 and no water charges are charged. We therefore end up paying more maintenance even though living in 1bhk. They say it is not written in the bye laws to charge more.

My query is that they had purchased at commercial rate, will sell at commercial rate. They earn from the maintenance of the structure. Therefore is it not correct to charge at commercial rates.

Please advice. Also what is the correct way to charge these shops. T

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Quick Summary

This discussion addresses concerns about how shop owners in a housing society are charged for maintenance. The current system charges shops equally for common services and sinking funds, with repairs based on area, but at lower rates than commercial expectations. Electricity and water charges are also minimal for shops. Residents feel this leads to higher charges for flat owners. Advice suggests reviewing the society's specific bye-laws, as charging commercial rates may require amending these rules through a general body meeting with a two-thirds majority. If bye-laws don't permit higher charges, a complaint can be lodged with the Joint Registrar/Dy. Registrar of Coop. Housing Societies.

kavksatyanarayana (Expert) 29 September 2023
If the rules and regulations of the bylaws are permitted you cannot do except to amend the clause in AGM with the majority. Otherwise, complain to the Joint Registrar/Dy.Registrar of Coop. Housing Societies of your district.

T. Kalaiselvan, Advocate (Expert) 30 September 2023
You may go through the bylaws of the association in this regard.
If you have any grievance and suggestion to be made, you may keep it as another point of agenda and discuss the same in the next general meeting of the association

Smrity K (Querist) 30 September 2023
Are byelaws decided seperately by each society or it is general for all, because some socities we know charge shops at commercial rates.

What are byelaws and model byelaws

Sudhir Kumar, Advocate (Expert) 30 September 2023
each socieity has its won registered consititution and without reading this you cannot describe your problem .

this query is also vague like https://www.lawyersclubindia.com/experts/repair-funds-utilization--754386.asp

T. Kalaiselvan, Advocate (Expert) 01 October 2023
You have not read your association bylaws in this regard but keep repeating the questions in this forum as if this forum is the one which is framing the issues to constitute the bylaws.
If the bylaws don't expressly say that the shops are not to be charged at the commercial rates, then there is no question about this debate, this has to be rectified through a general body meeting by passing a resolution with two third majority of the members attending the meeting.

Smrity K (Querist) 04 October 2023
Thank you for the replies.
Yes I was under the impression that there is only one byelaw for all Hsg. societies.

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