Legal Question in Social Security Law in India

22.01.2013

Dear Sir / Madam, (Mulund East, Mumbai)

The Society collects Maintenance Charges as defined and enumerated below (Section 67) and the basis of apportionment of each charge (Section 69) is also mentioned below :

Section 67 & 69 : The contribution to be collected from the members of the Society towards outgoings and establishment of its funds, referred to in the bye-laws as 'charges' may be in relation to the following :

(i) Property taxes - as fixed by the local authority;

(ii) Water charges - on the basis of total number and size of inlets provided in each flat;

(iii) Contribution to Repairs and Maintenance Fund - rate fixed by General Body from time to time, subject to the minimum of 0.75 per cent per annum of the construction cost of each flat for meeting expenses of normal recurring repairs;

(iv) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lifts - equally by all the members in the building in which lift is provided, irrespective of the fact whether they use the lift or not;

(v) Contribution to the Sinking Fund - rate fixed by General Body from time to time, subject to the minimum of 0.25 per cent per annum of the construction cost of each flat, excluding the proportionate cost of the land;

(vi) Service Charges as defined in Section 68 - Equally divided by the number of flats;

(vii) Parking Charges - at the rate fixed by the General Body at its meeting;

(viii) Interest on the delayed payment of charges - at the rate fixed by the General Body subject to a maximum of 21% per annum;

(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 - in accordance with the circular issued by the Government of Maharashtra;

(xi) Insurance Charges - In the proportion of the built up carpet area of each flat;

(xii) Lease Rent - In the proportion of the built up carpet area of each flat;

(xiii) Non-Agricultural Tax - In the proportion of the built up carpet area of each flat;

(xiv) Any other charges - As may be decided by the General Body at its meetings.

You may choose to lodge a claim if the Society has not levied Maintenance Charges as per the bye-laws.

Regards,

FCA Prashant Chavan

Mumbai

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