Legal Question in Real Estate Law in India
Maintainance charges to be charged by cooperative society
What are the maximaum amintainance charges a cooperative society can charge a flat owner in Maharastra? Can flat owner file a case against the society if he is charged a commercial rate other than other people even if he is a doctor who come under professional category??
2 Answers from Attorneys
Re: Maintainance charges to be charged by cooperative society
In my opinion there are no maximum charges under the Maharashtra Coop.societies Act.The only requirement is that the charges should be approved by the general body.Yes,you can file a case against the society i with the Registrar Cooperative societies if the society is charging unreasonable maintenance charges.
Re: Maintainance charges to be charged by cooperative society
Did you mean that society is charging different charges to different members of one category viz. either commercial or residential. If that is so, same is not permissible.
As regards use of premises by professional like doctor, one need to go through the Bye Laws of the Scoeity as also Rules of local body or other concerned authorities governing user of premises.
One more thing need to stated here - a housing society is authorised to collect only reasonable charges to meet the outgoings and built a sinking fund and it can not profiteer from the charges collected from members. You may verify this from the Annual Account of the Society.
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