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Bharat Changela   16 June 2024

Determination of Limit for Non occupancy charges

Our colony is comprised of 9 towers, Total 504 flats, in Rajkot Gujarat, governed by Service Co-op. Society Ltd.
We have already paid 3.00 Lakh as maintenance deposit. And the maintenance expence is met out from the interest earned.
Now, my question is that, As per rules Non occupancy charges should not exceed 10% of Maintainance Charges for rented flats.
In our case, as we are not paying any monthly charges, what should be maximum limit of NON OCCUPANCY CHARGES?


Quick Summary
A housing society in Rajkot, Gujarat, with 504 flats, is seeking clarification on the maximum limit for non-occupancy charges. They have paid a maintenance deposit and cover expenses through interest earned, but their bylaws are unclear on the charges when no monthly maintenance is paid. The society is questioning whether annual interest income can be considered as annual maintenance charges for this purpose.

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     16 June 2024

The rules governing the monthly maintenance amount payable can be found from the provisions of bylaws of the housing society.

You peruse the same and get clarified.

Bharat Changela   16 June 2024

Bylaws are not clear about the amount. In this case, can we consider the annual interest income as annual maintenance charge?

Dr. J C Vashista (Advocate )     17 June 2024

What is decided by the General Body of the Society qua quantum of maintenance in the Bye-Laws adopted by the Society, has to be perused. 


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