Veerendra 02 April 2023

Pay for 11 months and get a rebate for one month / is this legal ?

Dear all eminent lawyers,

My CHS is in Andheri (East) Mumbai.

There was a proposal that if any member pays a lump sum maintenance charges for 11 months in one payment than one month maintenance charge will be waived off. That means pay 11 months maintenance charges in one shot & get a receipt for 12 months.

It means that there will be a rebate of one month payment if someone pays for 11 months in one payment.

Please let me know if this is according to the provisions of the MCS act.

Hope to see a lot of responses & many thanks in advance for the same.

Regards,

Veerendra Darakh

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5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 02 April 2023

The majority of members shall decide at the time of formation of the CHS. The maintenance charges shall be paid by the members but rules of the society the majority of members decide. If you have any grievances about the meeting resolutions, you may complain to the Registrar of CHS.

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T. Kalaiselvan, Advocate (Advocate) 02 April 2023

This is not an appropriate decision taken by the CHS even if it was passed as a bylaw in a general meeting.

The monthly maintenance amount is paid by the members for meeting the monthly expenses towards maintenance of the apartment complex.

The association is not going augment any income out of this lump sum amount paid by the members. This is not a commercial activity hence it is not advisable.

Besides there is no such recognition for its validity in the MCS act, neither there is any provision in the act

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Dr J C Vashista (Advocate) 03 April 2023

The decision of MC is invalid and illegal.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 03 April 2023

Supreme Court judgement Society Maintenance charges have provisioned rules to safeguard the rights of homeowners. RERA act comes in very handy in regularising the process.

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