Society charges 30% higher maintenance from tenants

Lawrence William (Querist) 30 June 2020 This query is : Resolved
Respected Learned Advisors,
I have been staying in an appartment as a tenant since 17 years. The society is charging 12400/- yearly building maintenance charges from tenants. Whereas they are charging 8600/- yearly maintenance from the the appartment owners. i want to know under what law or act they are doing so? how can i check the legality of the same? I also doubt about the societies legal formation or registration in charity commissioners office. In this worst financial times i want to know the facts. Our landlord is not answering any such queries since he is bankrupt. All his properties are procured by banks & financial institutions.How can I go ahead & get justice in the matter. Awaiting your swift response. Thanking you in anticipation.

regards,
Lawrence William

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Quick Summary

A tenant of 17 years is questioning why their society charges 30% more in annual maintenance fees compared to owners. They seek to understand the legal basis for this disparity and how to verify the society's registration. Advice suggests checking society bylaws and resolutions, potentially using RTI to obtain documents from the registrar's office. While some jurisdictions allow higher charges for rented flats, the legality depends on local laws and the society's registered bylaws.

Rajendra K Goyal (Expert) 30 June 2020
Refer the bylaws of the society and the resolution passed by society for charging higher maintenance from tenants. Can get copies through RTI to registrar office if not given on request by CHS.
CHS is not a charity society, it is covered under GST if annual collection increases specific limit.
If anything found against the set rules / Act do not hesitate to approach Registrar of societies.

Message likes : 1 times

Lawrence William (Querist) 30 June 2020
well sir, thanks. Housing societies should be registered ? under which authority? from where can we get details/

Rajendra K Goyal (Expert) 30 June 2020
Housing Society has to be registered with Registrar of Societies.

Dr J C Vashista (Expert) 01 July 2020
State Registrar Cooperative Soceities has a copy of Bye-Laws adopted by the CHS, if it is not been shown by the Society where you are residing as a tenant.

Dr J C Vashista (Expert) 01 July 2020
General Body of the Society (in Delhi) can fix higher (upto 1/3rd) maintenance charges from rented flats in terms of Rule 102(2) of Delhi Cooperative Societies Rules, 2007

P. Venu (Expert) 01 July 2020
Yes, the Society can charge such higher amounts if so authorised by the law in force in your locality/State.

Rajendra K Goyal (Expert) 01 July 2020
If the step has legality due to State Law or otherwise, author has no scope of relief.

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