HOUSING SOCIETY - NON OCCUPANCY CHARGES -

Yes, the flat owner is right. If the house is vacant and he has no tenants, Society cannot charge non-occupancy charges.

I concur with Mr. Ramani's views. The non-occupancy charges are applicable only during the period of renting/leave and license.

vasudevan

Dear All,

This is second time that i'm posting this query.

i am staying at prabhodhan apt and my negibhour had one flat and shop at the same apt.  He never pays maintenance for flat and shop.  In his shop he started construction like kitchen latteren and bathroom without asking all flat owner he made water pipeline connection because of which all flat owner facing water related problem.  After completing his shop construction he started staying at shop along with his family and rent out his flat.

Request you all expert to please provide me solution can we all flat owners take any legal action against it.  can we initiate any action against him in any court of law.

Please comment on it.  Waiting for comment from all who can solve my query

I presume that yours is a co-operative housing society? How old is your Society?  Is your delinquent member an original member or did he become member by purchasing the flat from another member.  If his case is the latter, was it a shop with the previous member? Is his flat a residence or shop in the records of the Society? If it is a residence in the records of the Society and if the present member is using it as a shop it is known as change of user. Change of user requires the permission of the Society and if it has tax implications the permission of the Municipality is also required. Using the flat as shop may require a registration certificate from the Municipality under the Shops and Establishments Act, 1948. But the Municipality is so corrupt from bottom to top that they will either overlook the fact or give a registration certificate for a “consideration”.

Additions and alterations also require the permission of the Society and in this particular case, permission of the Municipality is also required. Here also there is corruption.

For the other flat-owners jointly to take action will be difficult. But if you have a functioning Society with at least a dedicated Secretary, the Society can take action. Society can also take action to recover the dues. But demand notices should have been served first and the member not paid. For taking action under Section 101 each item claimed by the Society will have to be justified.