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R B Rodrigues (HR Manager)     10 August 2013

Charges by chs towards sub-letting my appartment

Hi,

Am looking for some advice on a situation am faced with from my CHS.

I have a flat in Mira Road and have given it out on rent which is about to expire.

Today the Chairman of the society informed me that going forward the Society will be charging me One Months rent as a fee for allowing me to rent my property. This fee is over and above the NOC charge that I may incurre if I rent my property.

I know in the past they used to charge me 1100/- and it was not a huge amount so never questioned it. But now, i think it is extremely harsh to be charging me a months rent for sub-letting my flat.

When asked for an explanation, no proper reply was given and was told that all other socities are charging this and it was passed in the General Body Meeting by all commitee members; so I will have to abide and pay.

Is this even legal? From what I have read that besides the 10% NOC charge, there is nothing else that the society can charge. I read somewhere about a registration fee which is 500 - 1000/- and guessing that is what I was charged in the past. However, one full rent is way higher than the 1100/- i used to be charged.

Any advice and guidance on this subject is appreciated. And if its not right, then whats the best way to approach this.

 

Thank you. 



Learning

 3 Replies

Suneet Gupta (www.vashiadvocates.com)     10 August 2013

The maximum the society can charge is 10% non-occupancy charges. The above amount includes all costs, e.g. cost of sending you the notices through post, registration, etc. They cannot charge anything else.

Ask the society to give you the demand of 01 month's rent in writing, along with a copy of the General Body Resolution authorizing the same. Then send a written reply stating that the demand is invalid. If the society insists, write to the assistant registrar of societies under which your society falls.

In the meantime, if the society creates any trouble with the tenant, e.g. not allowing him to enter, etc., then lodge a police complaint.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     10 August 2013

As rightly advised, the demand is exorbitant and no sanctity. Vasudevan

NGOKC (pm)     10 August 2013

it depends , was this a builder flat  for which society was purely formed for purpose of maintainence.

In that case society may not have any right to charge

 

These clauses are generally applicable to flats alloted as part of joint cooperative societies


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