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Rahul Dhamdhere (Sr Manager Marketing)     22 April 2013

Calculation of monthly society charges in pune

Good afternoon,

I have a flat in a housing society in Pune, Maharashtra.Would like to know on what basis are the monthly society charges calculated?i.e. society /maintenance charges for security , lift, water, electricity in common areas etc.

 

Heard two  opnions saying it can be calculated on basis of sq ft of each flat and the second saying - its common flat charge for each owner?

Is there are judegement,ruling giving clarification for the same?Request an urgent clarification , please

 

Regards

 

rahul



Learning

 9 Replies

SAA_Bombay (Pro)     22 April 2013

I am not able to find a supporting for same, but am sure that society cannot charge different maintainance fee for different size flats. Society has to decide in AGM a amt & same as to be charged to all members. The detail break up of bill is as under:-

 

Please go through Bye-Laws.

Please refer Bye Law No.67 onwards,

Chapter VIII. LEVY OF CHARGES OF THE SOCIETY

Bye Law No.67.

The contribution to be collected from the members of the Society, towards, outgoing and establishment of its funds, referred to in these bye-laws as the charges may be In relation to the following
(i) Property Taxes,
(ii) Water Charges,
(iii) Common Electricity Charges,
(lv) Contribution to Repairs and Maintenance Fund,
(v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift,
(vi) Contribution to the Sinking Fund,
(vii) Service Charges,
(viii) Car Parking Charges,
(lx) Interest on the defaulted charges,
(x) Repayment of the instalment of the loan and interest,
(xi) Non-occupancy Charges,
(xii) Insurance Charges,
(xiii) Lease rent,
(xiv) Non-agricultural tax,
(xv) Any Other Charges.

Bye Law No.68.

The Service charges of the society referred to at (vii) above shall include the following
(i) Salaries of the office staff, liftman, watchmen, malis and any other employees of the Society.
(ii) Where the Society has independent Office, the property taxes, electricity charges, water charges etc. for the same.
(iii) Printing, Stationery and Postage,
(iv) Traveling Allowance and conveyance charges to the staff and the members of the Committee of the Society.
(v) Sitting fees paid to the members of the Committee of the Society.
(vi) Subscripttion to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd.
(vii) Annual Subscripttion of the Housing Federation and any other co-operative institution to which the Society Is affiliated.
(viii) Entrance fees for affiliation to the Housing Federation and any other co¬operative institution.
(lx) Audit Fees for internal, Statutory and reaudit, if any.
(x) Expenses Incurred at meetings of the general body, the Committee and the Sub-Committee , if any.
(xi) Retainer fees, legal charges, statutory enquiry fees.
(xii) Common electricity charges.
(xiii) Any other charges approved by the General Body at its Meeting. However such charges should not contradict the provisions of the Act, Rules and bye-laws of the Society.

Bye Law No.69.

(a) The Committee shall apportion the Share of each towards the charges of the Society on the following basis
(i) Property taxes: As fixed by the Local Authority. (On Built-up Area)
(ii) Water Charges: On the basis of total number and size of inlets provided in each flat.
(iii) Expenses on repairs and maintenance of the building/buildings of the society: At the rate fixed at the general body from time to time, subject to the minimum of 0.75 percent per annum of the construction cost of each flat for meeting expenses of normal recurring repairs. (On Built-up Area)
(iv) Expenses on repairs and maintenance of the lift, including charges for running the lift : Equally by all the members of the building In which lift is provided, irrespective of the fact whether they use the lift or not. (Per Flat)
(v) Sinking Fund: As provided under the bye-law No. 13(c). (On Built-up Area)
(vi) Service Charges: Equally divided by number of flats. (Per Flat)
(vii) Parking Charges : At the rate fixed by the general body of the society at its meeting under the bye-law No. 84/85.
(viii) Interest on the delayed payment of Charges : At the rate fixed under the bye-law No. 72 to be recovered from the dafaulter member.
(ix) Repayment of the installment of the loan and interest : The amount of each instalment with interest fixed by the financing agency.
(x) Non-occupancy charges : At the rate fixed under the bye-law No. 43(2)(lii)(c).
(xl) Insurance Charges : The built up areas of each flat, provided that If there Is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium In proportion of the built up areas to their flats. (On Built-up Area)
(xii) Lease Rent: The built up area of each flat. (On Built-up Area)
(xiii) Non-Agricultural tax : The built up area of each flat. (On Built-up Area)
(xiv) Any other charges : As may be decided by the general body of the Society as its meeting.

(b) The Committee shall fix In respect of every flat that the society charges on the basis laid as down under the bye-law No. 69 (a).

Bye Law No.70.

The Secretary of the Society, shall prepare bill/demand notice in respect of the charges of the society payable by members on the basis of the bye-law No. 69 (a) and issue the same to all the members on or before the date fixed by the Committee in that behalf. Every member of the Society shall pay the amount mentioned in the bill/demand notice in full within such period as may be fixed by the Committee.

Bye Law No.13 The society shall create and establish the following funds by collecting contributions from its members at the rates mentioned hereunder:
(a) The Repairs and Maintenance Fund, at the rate fixed at the general body from time to time, subject to the minimum of 0.75 per cent per annum of the construction cost of each flat for meeting expenses of normal recurring repairs;
(b) Major repairs funds, as and when required and decided by the General Body at the rate fixed on area basis.
(c) The Sinking Fund at the rate decided at the meeting of the general body, subject to the minimum of 0.25 per cent per annum of the construction cost of each fiat, excluding the proportionate cost of the land.

WindowsPRK (Member)     12 August 2013

we get water from corporation which gets collected in underground tank and then pumped to overhead tanks of 8 buildings. All the buildings have almost same capacity overhead tanks (2/2.5 BHK with 2 bathroom, 3BHK with 3 bathrooms).

As per the byw-laws, water charges to be chared based on number of inlets and size of inlets per flat.. However, if the water source is same, overhead tank is same then does this rule apply?

I would like to understand under what conditions the bye-law rule can be overriden if at all it can be done. Logicall that rule i bye law does not make sense ...

Can some provide an insight in to this.

Shefali (service)     16 December 2013

Basic maintainence charges are always calculated based upon the flat carpet area.

You can consult a lawyers on this.

SAA_Bombay (Pro)     19 December 2013

I do not agree with Ms. Shefali, as per my experience i visited Govt office for same issue, one of our member has three BHK & other one on same floor has 2 BHK, we charged them as per flat area, on Govt officer denied us to do so. Each members should be charged equal maintainence charges fixed in Annual General Meeting irrespective of flat area. 

Yuvraj   31 July 2016

I strongly agree with SAA_Bombay... Sir...also recommend to go with MCS 1960 and 61. Amended of this year 2016

adv.bharat @ PUNE (Lawyer)     31 July 2016

As per bye laws of society maintenance charges may be paid by the every member of society.

ANILKUMAR E PILLAI   29 August 2016

In co-operative housing society  Water Charges of society with  four wings/buildings of different areas and each wing has its own separate overhead tank and only one pipe each lowers down from the overhead tank to the individual flats. Out of A, B, C, & D wings A wing has larger area with 24 flat ,out of which 22 flats has two bed room and just remaining 2 flats with single bed room. One single pipe leading from A wing overhead tank on reaching each flat is internally distributed to 2BHK flats. The overhead tank in A wing  is of lesser capacity compared to  the B,C, D wing of 1BHK. B,C,D has 24 flats ie. 21 flats(B wing) and 21 flats(C & D wing)respectively, ie.1BHK.  How will society determine the water charges of all the members put together if  the number of inlets of pipe and not the out flow of water from overhead tank is only taken into account. Can some one interpret the MSCS Act appropriately to help elucidate the calculation formula and the very basis on inlets and taps and tank size and consumption for different size building in a cooperative society where  the tank capacity is comparatively less in large area flats and pumping is done simultaneously to all tanks ie. the same number of times. Please note A,B,C, & D has independent pipes lowered to each flat for the respective wings. kindly reply. Thanks

mahadevan   29 August 2016

Is it that house maintenance charges are to be collected as per the Square foot of the flats in Tamilnadu. Many societies in Chennai are including all amenities like Maintenance of Parking Area (Which is same for all flat owners irrespective of their flat area), swimming pool / Gym maintenance charges, water charges & even garbage collection / cleaning on square foot basis, which seems to be absurd as these are incurred more on user basis or equally for all. So can you please inform as to what are the legally required facilities required to be included in the Society charges to be charged by the Society on Square foot basis from the residents and what can be on user based charges.
Would be thankful for your advise
Regards
Mahadevan

Ashok   31 July 2018

If the size of the flat is same then the society can take the common charges but if size is different then the society has to take as per the carpet area.

For information please visit www.societynmore.com or you can mail us at info@societynmore.com


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