10 thoughts on “Levy of Charges / contribution towards out goings of the society”

  1. What is the amount a CHS can charge a flat owner having a side terrace. what is the area of the side terrace that is taken into reckoning for calculation of monthly outgoings.

  2. Non occupancy charges are to be collected by adding 10% on the regular service charges.This has the approval of the Goverment of Maharastra,Model Bye laws 69( x) as well as the decison of the Bombay High court .if all societies follow this litigation could be avoided

  3. can you quote any decision of the supreme court which ratifies the order of the Govt of maharastra ordering to collect service charges-equally divided by number of flats in Maharastra Ref Bye law no 70 of the Model Bye -laws

  4. Please advise whether the provisions of the Bye Law 70 and other provisions of Maharashtra Co. Op Societies Act 1960/Rules 1961 apply to the society which is not registered where the number of sold flats exceed the minimum number to form a society?

  5. Can anyone pls. tell exact decision by Supreme court on Non occupancy charges. Is it 10% on service charge or 10% on monthly mental. pls help little bit urgent.

  6. The contribution for insurance premium need still further elaboration. Our society managing committee is intending to charge a flat rate for all its members irrespective of the fact the flat area ranges from 360 sqft. to 1208 sqft. There is not a flat having any commercial storage.  The bylaw  no. 69(a)(xi) therefore confuse with regard to charges to be levied. Please clarify

  7. Is there any maintenance or charges leviable on garage owners? If so what is the basis? Are they liable to parking charges?

  8. re: CA Ramesg Prabhu’s explanation on levy of charges/contribution towards outgoing of the Society.

    I have some points to make.
    1
    How should water be charged where there are no meters and where Municipal Corp charges @Rs.160 per flat per month, irrespective of size of flats. Where there are two sizes of flats, apportioning the total bill based on size (areas) of flats would mean that a smaller flat will pay less than Rs.160 and a larger flat would pay more than Rs.160/-.. If the Society charges more than Rs.160, to any member, it would mean that the Society is profiteering on water (water tax) . This would be illegal .Am I right in thinking that in such a particular case, Society should charge only what Municipality is charging, i.e.Rs.160/- p.m.

    2. “Service charges” and “maintenance”, means the same thing – to be divided equally on all flats. Any thoughts on this?

    3. According to Bye Law 68(xii) common electricity charges are “service charges”. Should these be included in “Service Charges” while billing or charged as a separate item (and to be divided equally on all flats) ?
    4. According to Bye Law 69, contribution to Sinking Fund and Repairs and Maint. Fund is based on cost of construction. Cost is a fact. Aloowing Societies to charge members based on value will leave a huge discretion to Managing Committee to value the building. Again, this has to be done every year. In my opinion, f construction is a fixed cost to erect the building and the facilities. It does not change. General Body can however change the rate of contribution over the rates given in Bye Laws..I would like to have comments from members who have experienced Societies who have increased the contribution on Sinking Fund. Thanks.

  9. can society apply reccurring charges for moving in and out of the society? Also what can be done if the owners do not accept these charges?

  10. our society has levied 100% increase in water charges from January this year. is this justified? What is the maximum increase allowed as per bye laws

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