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Sayed Maqsood Ahmed   07 June 2024

shifting charges for tenants in coperative housing society in maharashtra

learned lawyers,

In our cooperative housing society in maharashtra state, the MC is leving shifting IN and shifting OUT charges, which I think is illegal.

First, our MC had passed a resolution in 2022 in the AGM to levy refundable shifting IN charges to tenants of Rs. 3000.

Now, in the AGM held in 2023, the society changed the refundable charges to non-refundable and passed the resolution.

would my learned advocate advise me if the previous resolution can be amended or modified later by the MC in the AGM from a legal point of view. Also, is it legal to such any such charges to tenants by the society because the rent agreement is signed by the flat owner and tenant and not society and tenant.

your immediate legal views would be highly appreciated

thank you beforehand.

kind regards


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     07 June 2024

The decision to levy such charges was taken in a agm and not by any individual's dictates.

The resolution was passed by the majority members and not done just like that.

The AGM minutes are forwarded to the deputy registrar concerned and approval obtained.

If it was passed by the AGM then there can be no illegality i it.

The move in and move out exerts extra work on Security, Administration and Housekeeping staff. Also there is extra usage of water, lifts and common area. Apart from all this, there is a wear and tear that happens when house movement takes place. The amount was arrived at after reviewing the damages to the common area.

Therefore the charges levied are justified.

Sayed Maqsood Ahmed   07 June 2024

Many thanks sir for your valuable comments. 

But tenants are not covered under Maharashtra Cooperative Housing Society Act 1960. Would appreciate if you could share any bye law or section or rule. 

Sorry for inconvenience 

Best regards 


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