Rajkumar Singh
I am from Mumbai (Maharashtra). Need your opinion on the below mentioned point.
Our society has approved a resolution in the AGM that, if a person is letting out his flat, he should pay Rs. 15000 to society as donation. I’m unable to understand that how can donation be in the nature mandatory payment? Is society is authorized to do so? Request you to please give our opinion on this case.
I C Naik
The conditions for sub-letting the flat are laid down in the Bye laws.You need to ask the Secretary to give you extract of the Bye laws which govern all terms and condition of Sub-letting the flat in stead of the member occupying it.
If you find that asking for donation is not provided in the bye laws you can inform the Secretary that you are not going to pay any donation unless you are given written orders explaining how the AGM is empowered by the Act, Rules or Bye laws to pass such resolution.
Those who sub-let are required to pay 10% of Service Charges (excluding Taxes) charged by the Society to its members every month as per Government Order which is binding on the Society.
Main clauses of this circular are reproduced below:
Non-Occupancy charges shall not exceed 10% of service charges. (excluding Municipal Corporation / Municipal Taxes)
In case members have given their tenements/flats to their close relatives viz. mother, father, sister, brother, son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, sadu (husband of wife’s sister), granddaughter, grandson etc. and to other relatives recognized by the society, in such cases, non-occupancy charges shall not be recovered(See Para 18 in the Extracts below)
The said order shall be applicable to residential and commercial Tenements / flats in all the Co-operative Housing Societies in the state.
You need not pay the donation and if paid can claim refund. File a complaint in the Consumer Court. It is cheaper and faster.