Legal Question in Real Estate Law in India
Property
On what basis maintenance charges are fixed in Co-operative Housing Society? It is based on sq. ft.? Please send us any clause related to same specified in Maharashtra Co-op Society Act - 1960.
3 Answers from Attorneys
Re: Property
Check bye-laws of your society. It is specified in the bye-laws.
Re: Property
You may need to refer to the bye-laws of your society and/or the decisions taken by A.G.M. / Managing Committee.
Re: Property
The maintenance charges are fixed as per bye laws of the society framed by the members in its GM,however I would like to cite some example as below:
Maintenance: Under the old byelaws the maintenance charged varied among members. For instance, let us say the monthly maintenance amount payable was Rs 500. Now if the flat was given on leave and licence, the maintenance charge would be hiked to Rs 1,000.
But as per the new byelaws, maintenance is 10% of service charges. Service charges include salary of the office staff, liftmen, watchman, the property taxes, electricity charges, water charges, etc. in case the society has an independent office.
That apart it also includes entrance fees for affiliation to the housing federation and any other co-operative institution, audit fees for internal, statutory and re-audit if any besides expenses incurred at meetings of the general body, the committee and the sub-committee retainer fees, legal charges, statutory enquiry fees among others.
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