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.
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
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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