80 thoughts on “Non Occupancy Charges can not be more than 10% of Service Charges”

  1. I have a flat given on rent, my society have asked for Rs.3000 in the begining as I have given flat on rent and then they have asked me to give extra maintenance charges, for others they charge 685 and for owner who have given room on rent they charge 815, please advice if its the correct way.

    Regards,

  2. Dear Sir, I have given my house on rent in Valsad ,Gujarat . I pay 100% ( is 1200 Rs.) more and reguler  maintenance charges is 600 Rs. The law of maximum 10% non occupancy charges enforceable or not .
    please advice if its the correctway.

  3. I have aflat in a regisrered chs in MUMBAI. I have let it out . now my sciety is charging me 10%nocharges and Rs 2200 as additional charges as it is passed by the agm. society says that these are the charges leveied on those members who have given their flat on rent to bechelors. i would like to ask you wheather AGM has the right to pass such regulations.

  4. I have purchased a flat in a new society in June11,Society was formed in september-11.As I have not rented my flat and the flat is still vacant. Do i need to pay the maintenance charges.Society is charging maintenance for the last six months Sept- Feb-12

  5. Dear Sir , i have two flats in my apartments and these two flats we are using conjointly to break the wall from inside. society charges towards the member is 450 Rs but society imposed a charge 700 Rs towards us. but i have only single family using the two flats conjointly. so i want to know, is there any government law in respect of society or should i take a legal action against the unnecessary increment happened toward us. please reply

  6. SIR, I HAVE GIVEN MY FLAT ON LL WHERE AS I AM PARKING MY CAR IN THE SAID SOCIETY BUT OSCIETY IS NOT ALLOWING ME TO PARK MY CAR WITH THE REAASONG THAT I HAVE GIVEN THE FLAT ON LL I AM MEMBER BUT NON OCCUPYING MEMEBRS . CAN I PARK MY CAR OR NOT ? PLEASE ADVISE THANKS SHIRISH RAJANI

  7. I can understand that SC has ruled that a max of 10% NOC can be charged on service charges. However there is no clear defination of service charges. Our society has all the necessary charges i.e. Admin Chgs, Water Chgs, common lighting, bldg Main,sinking fund, garbage removal, couirer/postage, Land revenue, property tax, and now a new one called Major repair fund – @ Rs 2 per sw ft. ( which is being used to carry out major repairs to member flats irrespective of the quantum or work.). We charged NOC on all this carges except Property tax and land revenue. now some members saythat even the major repair fund is to be excluded… HOW correct is this ?

  8. I am staying on rent 5000 p.m. and since august 2011. The owner at the time of agreement told me the maintenance charge are 300 to be paid by me but after a month the soc demanded 100 Rs extra. After reading the article above I came to know, the NOC are 10% service charge.
    Kindly let me know, 1.  The NOC charges should be paid by the owner or the tenants on rent?
    2. How do I get to know the service charges? they are levied on flat or society, plz clear
    3. Currently all the owners are charged 300 Rs. p.m. maintenance charge and rentals are charged 400 Rs. p.m.
    Please let me know, what all things are included in this maintenance charges, are the NOC charges included in them?
    Please revert back asap, as I havent paid the maintenance as I am unsure of been looted by the owner or society.

  9. I have let out my flat at Chembur, Mumbai. The society is charging me 10% (Rs. 1,700/-) of the rent that i recieve (Rs. 17,000/-). Is it right on the part of the society to charge me. Could you please let me know under what laws of co-operative societies act I can fight out my case.

    Thanks……….Sundar

  10. Could someone clarify whether non-occupancy charges are payable for vacant flats ? similary if a flst is given on rent can a society charges additional amount under any head such as lift usage charges by a tenant ?

  11. I read an article on the service charge.. We need further clarification on what we mean by a “Service charges”. What does the service charge inclusive of.

  12. I have let out my shop at vasai, Maharashtra. The society is charging me 10% (Rs. 1,500/-) of the rent that i recieve (Rs. 15,000/-). Is it right on the part of the society to charge me & they says we have taken permission from high court. Could you please let me know under what laws of co-operative societies act I can fight out my case. Thanks———- Pramesh Rathod.

    1. It is totally illegal. You can ask for copy of High court permission. As per bye law only 10% of service charges can be charged by Society.

  13. I have flat in “Apartment Association” and not in CHS. The association proposes to increase non-occu charges to 25% stating that Govt rule of 10% is applicable only to CHS and not Apt Association.
    Kindly clarify whether the above contention is correct and oblige

  14. I’m residing in cooperative housing society as a Tenat. My Landlord & his family members has 3 flats in the Society. He & his family members are residing in 2 flats and given a flat to me on lease and licence basis. My Landlord does not have any Car. I own a Car. In the last AGM society has passed a rule where in the non members / tenants have to pay parking charges of Rs 1500/- p.m. while the members have to pay parking charges of Rs 100/- p.m. There is no shortage of parking. All the cars in the society are parked easily. And parking space can accommodate minimum 5-6 more cars.
    My Landlord is ready to help but wanted some legal grounds to challenge the rule passed by the society.
    Request you all to let me know
    Whether society can Charge differential rate from members and non members for parking vehicles.
    If not, then what steps my landlord should take to challenge society.

  15. I m facing same problem of noc( non occupancy charge). I rent my flat in ahmedabad gujarat, soceity charge 50% more maintance charge becoz i rent my flat. As per Rule which amount charge as Noc(non occupancy charge). Plz. rep. me & send me copy of rules.Can i fight against soceity by law & rules.

  16. I have an apartment in Cochin bought from a private builder. I have leased it out to a tenant ( family ) for the past two years. In the recent AGM , the association is contemplating levying charges amount to a percentage of the rent collected. I wish to know whether it is legal and valid in Kerala. Also I was reading about Non occupancy chargeswhich is a percentage of maintenance charges in Maharashtra. Is is applicable to flats by private builders or only for cooperatinve housing in Kerala?

  17. I have a Flat in Andheri (E).since 30years, I am in Australia since 1991.My Nephew( Sister Son)is staying in my Flat since last 7 years with my Mother,Dec 2009 my mother passed away. Since that time my Nephew is staying in my Flat, some time my Siter & brother in law( who leaves in Gujrat)also come & stay with him . I am not taking any money from him. Even, all society rates/ charges & Municipal Taxes paid by me.( Just to help my Nephew to get settle in Mumbai)
    Since December 2014 suddenly society started charging extra RS 500 as Adhoc charges,saying it is a Non occupational charges, Because my Flat is occupied by My nephew. I have already explained to the society Chairman & other committee members that, my nephew is my family member
    the Non occupancy charges not applicable.( I am not taking any money from My Nephew as well) The committee members saying he is not the Blood relation & my sister is not staying all the time in this flat, since My sister is not staying all the time with my Nephew there fore as per by Law society has right to charge NON Occupancy Charges.
    I have read few articles & it says the close relatives are excempted from N O C & it clearly says that N O C should not be more than 10 %.
    Can some one please guide me on this matter.

    Thanks.

    With Regards,

    Anil Panchal

  18. I own a shop and the Society charges me maintenence as under. The area of my shop is 300 sq ft.
    Sinking Fund 22
    Maintenance charges 450
    Service charges 76
    Insurance charges 68
    Non Occupancy charges 200

    Is the amount of Non Occupancy charges justified?

  19. In a newly formed Godrej Garden City Cooperative society in Ahmedabad, Guajarat. The Maintenance charges has been taken in tune of 45% more than regular maintenance charges. Is the rule of 10% cap of Maintenance Charges is applicable in Gujarat ?
    I have seen many questions but not got any answer for Gujarat. Can you please provide your inputs on the same.

    1. It is non Occupancy Charges. 10% of the Service / Maintenance charges . Maintenance charges has to be reasonable and if builder is taking then it cannot take more than what is there in Agreement for Sale.

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