Query from Dhiraj Modi

I stay in flat at Ghansholi Navi Mumbai and we have 2bhk and 1bhk flats.

We are following new society by law but maintenance are charging on basis of sqft instead of flat wise for common expense.

Now few 2bhk flat owner are asking to follow society’s by law and charge as per flat charges for common exp.

The same have objected by 1bhk owners and same creating chaos in the society. Kindly guide

I C Naik

Your question lack precision to an extent that the assumptions I ave to make can go wrong and my advice can accordingly get vitiated and subject to t’his my response is:

First of all you must identify your status vis a vis the society.

Going by the following statement you have made:

“We are following new society by law but maintenance are charging on basis of sqft instead of flat wise for common expense.”

You are a member responsible to accurately determine the maintenance rates:

Determination of maintenance rates is not as per new society by law.  You seem to refer to New Model Bye-Laws released by the Commissioner for Cooperation and Registrar of Cooperative Societies on November 1983.  I am reproducing bye-law No. 68 of this Model.

(a) The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:

1. Property taxes: As fixed by the Local Authority
2. Water Charges : On the basis of total number and size of inlets provided in each flat

iii.        Expenses on repairs and maintenance of the building/buildings of the Society : At the rate fixed at the general body from time to time, subject to the minimum of 0.75 percent per annum, of the construction cost of each flat for meeting expenses of normal recurring repairs.

1. Expenses on repairs and maintenance of the lift, including charges for running the lift: Equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not
2. Sinking Fund: As provided under the bye-law No. 13(c).
3. Service Charges: Equally divided by number of flats / units.

vii.        Parking Charges : At the rate fixed by the General Body of the Society at its meeting under the bye-law No. 84/85.

viii.        Interest on the delayed payment of Charges: At the rate fixed under the bye-law No. 72 to be recovered from the defaulter Member.

1. Repayment of the installment of the loan and interest : The amount of each – installment with interest fixed by the financing agency.
2. Non-occupancy charges : At the rate fixed under the bye-law No.43(b).
3. Insurance Charges : The built up areas of each flat, provided that if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in proportion of the built up areas to their flats.

xii.        Lease Rent : The built up area of each flat / unit.

xiii.        Non-Agricultural tax : The built up area of each flat / unit

xiv.        Education & Training Fund : Rs. 10 per Flat/unit per month.

1. Election Fund :Equally by the Members and as prescribed by the Election Authority in the Rules

xvi.        Any other charges : As may be decided by the General Body Meeting of the Society

1. The Committee shall fix in respect of every flat the Society charges on the basis laid as down under the bye-law No 68 (a).

Please go through the provisions and if there is any questions (you should not have) if at all feel free to refer back.