Rutu 01 April 2022

Society maintenance for commercial

I have been owning a Shop past 3 years, and society formation was not done. The shop was rented out. Past 2 years there was no communication from society about maintenance.Suddenly I have been sent an invoice for 2 years maintenance with penalty charges.
I am trying to reach them. But they are not ready to listen.
Query: 1. Can they charge me per sq.ft rate for maintenance plus sinking fund and repair fund?
2. Can they charge non occupancy for commercial shop?
3. Can I appeal for discount on the maintenance based on the non usage of shop due to pandemic?

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Quick Summary

A shop owner is questioning a sudden invoice for two years of society maintenance charges, including penalties, for their commercial property within a residential society. They seek clarification on whether charges based on square footage, sinking fund, repair fund, and non-occupancy fees are permissible for a commercial unit. The owner also wishes to know if they can appeal for a discount due to pandemic-related non-usage.

5 Replies

Dr J C Vashista (Advocate) 02 April 2022

What type of Society is referred by you ?

If it is a residential CHS how they can built and rent out shops ?

Is there any rent agreement between Society and tenant (you) ?

Relevant facts are missing from facts posted by you.

Rutu 02 April 2022

Sir, it's a residencial CHS, THIS society formation has been done in 2020 after i purchased the shop in 2019.

But we were not made aware of the society formation. And sudden in last week maintenance.Suddenly I have been sent an invoice for 2 years maintenance from 2020 to 2021 and 2021 to 2022 with penalty charges of 2 years. I am trying to reach them. But they are not ready to listen. Query: 1. Can they charge me per sq.ft rate for maintenance plus sinking fund and repair fund?

2. Can they charge non occupancy for commercial shop?

3. Can I appeal for discount on the maintenance based on the non usage of shop due to pandemic?

Response on these questions is appreciated

SHIRISH PAWAR, 7738990900 (Advocate) 02 April 2022

Hello,

Query: 1. Can they charge me per sq.ft rate for maintenance plus sinking fund and repair fund?

Society may adopt the method to charge the maintainance per sq. ft. basis. Sinking fund and repair fund are charged alongwith maintainance bill.

2. Can they charge non occupancy for commercial shop?

Yes, non occupancy charges can be charged if premise is given on rent.

3. Can I appeal for discount on the maintenance based on the non usage of shop due to pandemic?
No. Discount or concession due to pandemic may not be given.

It is your duty to know about the society formation where your shop is located.