pavan joshi (owner) 12 September 2013

Solar water heating system for individual

Dear All / Sirs,

I am leaving in Society. I have installed Solar water heating system on common terrace. On the same common terrace other members have also installed dish TV set / Antena.

As per Society new body regulations, they are asking for maintenance charges as i am using common space.

My query first query, as i am using the common space others like Dish TV installers are also using the common space and are also liable for maintenance charges? Please confirm

My second query, when central government and state government are giving subsidy for promoting renewable energy, how society can charge such maint?

Are there any rules / guidelines for the same

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 13 September 2013

You have to confirm about the charges for using common place from the bye laws of the society, then confirm that whether the other users are paying their respective charges to the society, if it is so, you cannot claim exemption from payment of such charges, further government allows concession in the electricity tariffs over such renewable energy system, your society is not government which is benefited by your solar water heating system therefore they are right in charging you the charges for using the common place for your personal benefits.

pavan joshi (owner) 14 September 2013

Dear Sir,

Thanks for your immediate attention and reply.

I would like to confirm that society has not levied maintenance charges on other members and they are not paying any maintenance charges for using common space.

Hence the query.

Can society use one rule ( rule no. 170 / 171 of attached bye law) differently for me and others?

Is it not differentiating between me and others? I am ready to pay the maintenance charges if society takes charges from other.

I hope i am able to put my point and requesting for suggestion on how to process further.

best regards

Pavan Joshi

Attached File : 310793142 model byelaws of housing cooperative societies.pdf downloaded: 325 times

arunkumark (law study) 03 January 2014

Mr..pavan,

The New bylaw has already made provision for use of solar System on common terrace free of cost.The society can not charge any extra money for that and can not deny the permission to install it.You can complaint to deputy registrar and get the permission.Please refer the letter dated 19.12.2009 ref.no sagruyo/case.no 106/14/s issued by coooperative department commissioner to Maharashtra energy developement asociation .

pavan joshi (owner) 03 January 2014

Dear Ms. Anupama,

Thanks for your valuable feedback. Will you be so kind to let me know where i can find the reference letter or is it possible to provide me the reference letter copy.

Thanks in advance for your help.

best regards

Pavan Joshi

Deepakraj G (Legal adviser) 03 April 2014

Thnx v much Mrs anupama. I tried my best to find out the letter ref by you. I request you to plsssss furnish or upload the letter copy in the interest of citizens. So many members are facing this problems.