I have a flat in Navi mumbai and is rented out. I am not living in the flat and society is fully aware of this.
Whenever, there is AGM and maintenance charges are revised(mostly increased) I dont get any intimation from the society on new maintenance amount and so I end up paying interest penalty, as I still pay the old maintenance amount.
Also the interest charges to me is on full maintenance amount and not on the difference remaining i.e. new maint. amt – old maint. amt.
Please let me know:
1. Is it ok for society to charge interest on full maint. amt? Or they should charge me only for remaining balance amt?
2. Is it not society’s responsibility to provide me intimation when the maint. charges are revised in AGM? Currently my society provide bill to my tenant, but he is not obliged to forward it to me. And so I dont get the updates. Note: Society never provided me any AGM updates.
I C Naik
The Secretary’s duty as regards maintenance Bills as per Bye laws:
69. The Secretary of the Society, shall prepare bill/demand notice in respect of the charges of the Society payable by Members on the basis of the bye-law No. 67 (a) and issue the same to all the Members on or before the date fixed by the Committee in that behalf. Every Member of the Society shall pay the amount mentioned in the bill /demand notice in full within such period as may be fixed by the Committee.
71.A Member shall be required to pay simple interest at twenty one percent per annum, or, at such lower rate as may be fixed by the General Body, on the outstanding dues to the Society, from the date the amount was due as prescribed under Bye-law no. 69, till full and final payment by the Member
These bye laws are self explanatory.
Bye Laws are silent on sending bills to residence of a member who does not occupy the flat and has sub-let it. You should make a request to the Secretary in writing to inform you of any change in the bill amount and also give your consent to include courier charges in the Bill. When you renew your LL insert an obligation on the Licensee to send you all communications received in your name at the sub-flat to send it to your current address immediately, failing which interest will be payable by him.
