Mobikwik Rocks (N/A) 19 May 2013

Should non-occupancy charges be levied on sinking fund?

I live in a cooperative housing society in Pune where a few flats have been leased on rent by their owners. Currently, the society charges 10% on top of monthly maintainence fees as Non-Occupancy charges. I wanted to know if the society can charge 10% extra on the Sinking Fund amount for the leased out flats.

Society allows the payment of maintainance charges in a half-yearly or annual mode, but Sinking fund is collected annually.

Please advise. Thanking in advance.

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2 Replies

Advocate Rohit (Advocate) 19 May 2013

Had sinking fund charges included in the maintenance bill then yes society could have charged on that too. but sinking fund is being charged separately thus, society can charge non-occupancy charges on the maintenance charges only.

Regards,

Advocate Rohit Dalmia

9324538481

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Mobikwik Rocks (N/A) 19 May 2013

First of all, thank you, Rohit, for the quick response.

Could you please elaborate as to why the mode of collection of charges matters for the levying of the charges?

Also, if Society changes the mode of collection to maintenance + sinking fund together, will the Society be able to claim the 10% extra on both? For changing the mode of collection, does the Society need to convene a Special General Body meeting to get this approved by the Members or it can be done just by the Managing Committee?

Appreciate your insight & guidance. Thanks again.