Levy of Charges in Housing Societies
By Legal Bureau
The contribution to be collected from the members of the society towards outgoing and establishment of its funds, referred to in this bye-laws as ‘the charges’ may be in relation to the following: (i) Property taxes, (ii) Water Charges, (iii) Common Electricity Charges,(iv) Contribution to Repairs and Maintenance Fund, (v) Expenses on Repairs and Maintenance of the lifts of the society, including charges for the running the lift, (vi) Contribution to the Sinking Fund, (vii) Service Charges, (viii) Car Parking Charges, (ix) Interest on the defaulted charges, (x) Repayment of the installment of the Loan and Interest, (xi) Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease Rent, (xiv) Non-Agricultural Tax, (xv) Any other Charges.
The service charges of the society referred to at (vii) above shall include the following:
(i) Salaries of the office staff, liftmen, watchman, malis and any other employees of the Society.
(ii) Where the Society has independent office, the property taxes, electricity charges, water charges etc. for the same.
(iii) Printing, stationery and Postage.
(iv) Travelling Allowance and conveyance charges to the staff and the members of the committee of the society.
(v) Sitting fees paid to members of the committee of the Society.
(vi) Subscription to the Education Fund the Maharashtra Rajya Sahakari Sangh Ltd.
(vii) Annual Subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated.
(viii) Entrance Fees for affiliation to the Housing Federation and any other co-operative institution.
(ix) Audit Fees for internal, statutory and re-audit, if any.
(x) Expenses incurred at meetings of the general body, the Committee and the sub-Committee, if any.
(xi) Retainer fee, legal charges, statutory inquiry fees.
(xii) Common electricity charges.
(xiii) Any other charges approved by the General Body at its meeting. However such charges should not contradict the provisions of the act, rules and bye-laws of the Society.
(a) The committee shall apportion the Share of each member towards the charges of the Society on the following basis.
(i) Property taxes: As fixed by the Local Authority.
(ii) Water Charges: On the basis of total number and inlets provided in each flat.
(iii) Expenses on repairs and maintenance of the building/buildings of the society: At the rate fixed at the General body from time to time, subject to the minimum of 0.75% p.a. of the construction cost of each flat for meeting expenses of normal recurring repairs.
(iv) Expenses on repairs and maintenance of the lift, including charges for running the lift: Equally by all the members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.
(v) Sinking Fund: As provided under the bye-law No.13(c).
(vi) Service Charges: Equally divided by number of flats.
(vii) Parking Charges: At the rate fixed by the General Body of the society at its meeting under the bye-law No.84/85
(viii) Interest on the delayed payment of charges: At the rate fixed under the bye-law No.72 to be recovered from the defaulter member.
(ix) Repayment of the installment of the loan and interest: The amount of each installment with interest fixed by the financing agency.
(x) Non-Occupancy charges: At the rate fixed under the bye-law No.43(2)(iii)(c)
(xi) Insurance Charges: The built up areas of each flat, provided that if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in proportion of the built up areas of their flats
(xii) Lease Rent: The built up area of each flat.
(xiii) Non-Agricultural Tax: The built-up area of each flat.
(xiv) Any other charges: As may be decided by the General body of the society at its meeting.
(b) The Committee shall fix in respect of every flat the Society charges on the basis laid down as under the bye-law No.69 (a).
The Secretary of the society, shall prepare bill/demand notice in respect of the charges of the Society payable by members on the basis of the bye-law No.69(a) and issue the same to all the members on or before the date fixed by the committee in that behalf. Every member of the Society shall pay the amount mentioned in the bill/demand notice in full within such period as may fixed by the Committee.
A member shall be deemed to have committed default in payment of the charges of the society, if the payment mentioned in the demand notice/bill is not made within the period as prescribed under section 73FF(c) of the act. The Secretary of the society shall bring the cases of defaults in payment of the Society’s charges to the notice of the committee or taking further necessary action.
A member shall be required to pay simple interest at such rate as is fixed by the General body of the Society at its meeting, subject to the maximum of 21 percent per annum, on the charges of the society, from the date the amount was delayed till its payment not paid by the member within the period as prescribed under bye-law No.70.