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KIRIT PANDYA (ENGINEER)     24 September 2012

Society maintenance charges

I am a salaried private sector employee. I own a flat in one of the Co-operative Housing society at Kharghar in Navi Mumbai, Maharashtra state.

I have given this flat on “Leave and License agreement” through registered agreement to one family. I am staying outside Maharashtra at my place of posting due to job.

I am regularly and diligently paying society maintenance charges as per the society bill.

All of a sudden, society is now asking for additional 10% maintenance charges stating that it is decided in one of the society meeting that owner of the leased flat will have to pay additional 10% maintenance charges as compared to self-occupied FLAT by other owners.

I seek advice in the matter as follows.

[1.0] Is society legally empowered to demand 10 % extra maintenance charges from owner of the leased/rented flat just because the flat is not self-occupied by owner but leased/rented ?

[1.1] If yes, under which section of the act they are empowered to do so ? Is there any maximum limit stipulated in the law OR any of the court judgment ?

[1.2] If No, under which section of the act [OR any of the court judgment ] society can be challenged and asked to drop such illegitimate demand ?

What should I do and how ? Please advise.

Awaiting for your valuable inputs, opinion in the matter.


 6 Replies

Advocate Rohit (Advocate)     25 September 2012


i.            Non Occupancy Charges(NOC):-

To be charged as per circular issued by government/ Commissioner of Co-operation. As per this circular the NOC can be maximum 10% of the service/ maintenance of flat.


As per circular of the commissioner of co-operative societies, society can charge non-occupany charges subject to 10% of the service charges only. No municipal tax, water and electricity charges shall be included in it.



Advocate Rohit Dalmia



1 Like

KIRIT PANDYA (ENGINEER)     25 September 2012

Dear Sir, I am very thankful to you for your prompt response and valuable inputs. Thank a lot sir once again. Regards. Kirit Pandya

Dhananjay Jha (Accountant)     13 January 2014

Dear Sir,
I am an Accountant working with private firm. I own a flat (2 Bhk) in one of the Co-operative Housing society at Kharghar in Navi Mumbai, Maharashtra state.
Our Society have total 24 unit of flats. There are 20 flats for 1 BHK and 4 flats are for 2 bhk. Members of 1bhk flat have all the post hold by society management and have passed the rules which is against to the member of 2 Bhk flats.
 They have passed the rule that maintenance charges based on area of the flat. It should be equal per unit of the flat.  We are ready to pay property tax/sinking fund /amount of Insurance as per flat area but not for all the common services served to all the flat owners.
Kindly advise me what should be done as per the law? Where we should be approach to fix this issues at earliest please.

Thanks and best Regards

Harshad L. Gautami   12 April 2016

I have given my flat on leave & licence basis in a registered co-operative housing society. I am paying municipal taxes, maintenance charges & non occupancy charges regularly as per bill of the society. Whether society can charge additional maintenance charge or any additional charges on other head like wear & tear charges. If so, how much extra charges a society can charge ?

Request for your reply.

Ashok   27 July 2018

Yes, society has legal rights to take Non occupancy charges from their member under section 45(3)(C) but it should not exceed 10% of the services charges (excluding Municipal corporation/Municipalities taxes) 

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Mahendra   22 August 2019

Maintenance charges are based on the per square feet area if I am not wrong?

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