Query from Suresh Jajoo

OUR SOCIETY IS REGISTERED VIDE REGD.NO.BOM/HSG/2846/OF 1971.

IN PAST  WE HAVE GOT APPROVAL  FOR CHANGE OF SOCIETY NAME, ACCOUNT OPENING IN NATIONALISED BANK,AND AMENDMENT IN BYE LAW NO.72 FOR CHARGING INTEREST TO DEFAULT MEMBERS. NOW A DAYS,INVESTORS BUY FLATS  AND GIVE ON HEAVY  RENT THEREBY MAKING LOT OF MONEY.

“BYE LAW NO. 43(b)(iii) ALLOWS SOCIETY TO CHARGE ONLY 10% OF MAINTANENCE  BILL.” THIS IS VERY OLD BYE LAW(1960) AND HAS NOT BEEN AMENDED.

THERE ARE FEW FLATS GIVEN ON RENTAL AT HIGH AMOUNT.

LAST YEAR IN AGM WE HAVE PASSED A RESOLUTION TO CHARGE FLAT Rs.1000

PER MONTH.

WE NEED YOUR ADVICE ON WHETHER WE CAN GET APPROVAL FROM REGISTRAR FOR CHARGING FLAT Rs.1000/- PER MONTH.

YOUR IMMEDIATE COMMENTS WILL BE HIGHLY APPRECIATED.

I C Naik

The NOC was a controversial issue in the past. Now after the Bombay HC upheld the validity of the Maharashtra State Government Order SAGRUYO-1094/15165/ case No. 317/14-C /Mantralaya Extension, Mumbai- 32 dated 1st August 2001.

Main Order conditions relevant to your questions are:

  1. Non-Occupancy charges shall not exceed 10% of service charges. (excluding

Municipal Corporation/ Municipal Taxes).

  1. All  the  housing  Societies  in  the  state  shall  take  action  to  make  proper
    amendment as above their bye-laws/ sub-rules. However, even if no amendment as
    above  has  been  made,  non  occupancy charges  should  not  be  charged  more  than maximum limit mentioned in this order from the date of this order.

This is a mandatory order and the Registrar has no say in the matter.

Comments ( 2 )

  1. vinayak mahamunkar

    Absolutely right Sir
    .However, Govt. of Maharashtra should think over to increase the Non occupancy Charges to 10 % of the rent. instead of 10 % of Service charges.

  2. Ishwer C Naik

    Your Society should address a letter to District Housing Federation to make a representation to the State Government to amend the order to link the NOC with Rent. There is logic because the HC has also justified on the ground of sharing profits made by the flat purchaser as the image of the CHS is created and maintained by the collective efforts of the CHS as a whole. Do make a beginning may be in a small way. We all know the seeds of Home Rule over India were sown by just one individual thousands mile away from Home Soil.

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