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Redeye (Director)     31 July 2014

Differential rates of maintenance for owners and tenants

In my apartment differential rates of maintenance is being charged for owners residing in the apartment & tenants 

There is no extra services being provided to the tenants for the extra money being paid.The apartment is registered under the society's act  & not under Karnataka Apartments act

Is this a legal practice since i feel this is against natural justice.Can any one quote court judgements to support my view point



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 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 August 2014

Who pays the maintenance charges to the Society in the case of flats occupied by tenants, the owner or the tenant? What do the bye-laws or the articles of association say? Who decided on the maintenance charges to be collected? Was it the General Body?

In Co-operative Housing Societies in Maharashtra, the applicable laws allow collection of an additional amount in the cases of flats occupied by tenants. It is called "Non-occupancy Charges". The laws prescribe an upper limit to the amount that can be collected as NOC.

In the absence of clear laws, only courts can decide.


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