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Hrushi   05 July 2025

Non occupancy charges in co.op.hsg.society mumbai, maharashtra

Is Non Occupancy charges applicable on Parking charges and on AMC charges for Mechanical/Puzzle Parking in Co Op Hsg Society Mumbai ander which by laws or Circular or Court ruling.



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     06 July 2025

In Maharashtra, cooperative housing societies can levy non-occupancy charges, but these are generally applicable when a flat is not occupied by the owner or a family member and is rented out to a third party. 

The charges are typically capped at 10% of the society's service charges. If you have a designated parking space within the society's premises, it's considered a component of the non-occupancy charges if the flat is not occupied by the owner or a family member. 

If you have a parking space and the flat is rented out, the parking space is included in the calculation of non-occupancy charges. 

Section 79A of the Maharashtra Cooperative Societies Act empowers the state to issue directives to societies, including guidelines on non-occupancy charges. 

Dr. J C Vashista (Advocate )     06 July 2025

It is the decision of General Body of the CHS to levy such charges in terms  of guidelines issued u/s 79A MCS Act.

Housing societies can charge non-occupancy charges for

  • a vacant property
  • rented out property
  • property used for commercial purposes

Non-occupancy charges is applied when the property has been transferred to the owner by the cooperative housing society or the builder and is not occupied by the owner or his/her immediate family members.

However, the non-occupancy charges vary from state to state with some states even going ahead and removing it. For instance, while some states like Maharashtra, Delhi etc. levy non-occupancy charges, states like Karnataka have abolished it with the state government issuing strict guidelines against it.


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