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Non occupancy charges

(Querist) 26 March 2012 This query is : Resolved 
Every time we have meeting, we have this fight. couple of members fight that non occupancy charges are not more then 10% of maintainance charges & we showed this members the circular of govt stating that non occupency charges should not more than 10% of service charges. Now, they have some newspaper cutting, which says that NC charges should be 10% of maintainance. Now, both of us have some or other written docs of same. please suggest who is right?
V R SHROFF (Expert) 26 March 2012
Let us share your news paper cuttings, if you can scan, & send.
Any amount will go to your Society only, for benefit of all members,

So if more, few members will object and harm their interest.
So let meeting get over, Pass resolution in AGM, & Let Society decide it.
Why u want to decide,
certainly not your job. and the SHOW should go on!!!
It should be interesting, hot, Masala AGM Meeting!!!
SAA_Bombay (Querist) 26 March 2012
Mr. Shroff, i am always been fan of your's & Mr. Ajay Shetty from this site. Your advices are always direct to the points.
1. We do not the paper cutting, it is shown by member. will try to get one & share with you.
2. Of course, what you said is right, benefit goes to all members. But do you think explaining this is so easy in any society?
3. We will pass a resolution for same. but i think whatever we decide should not cross 10% of what Maintainance or Service Charges? question is still alive here...
4. Every meeting is hot & variety of masala 's...hahahah.

Thanks for your answers.
V R SHROFF (Expert) 26 March 2012
Sanjay,

Very small matter, so charge the higher one, say Total Mtn.

Once passed in AGM, Jurisdiction is not Registrar, it goes for dispute in Co-op Court, so no one will go to court , even if illegal.

Even fix it at say 300/- pm, no one will challenge, as all LL AGR are neither on requisite Stamp Duty Paid, nor Registered.

Why should Society not part with profit of Member, and usually amt paid by tenant.
And after your gotala we advocates are there to help you.
certanly it is not ur personal problem.
SAINATH DEVALLA (Expert) 26 March 2012
Sanjay,

Kindly enlighten us with some more new lessons on law,so that it would be of some help to us.


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