I am a member of a co-op housing society in Mumbai. some members have started to keep PG’s in their house with duly registered agreements and police verifications.
Recently, some members have taken objections to this. the Society has decided to levy a per person charge on each PG kept by the member, and also restrict the number of PG’s that a resident can keep.
Some members are of the opinion that the society can only levy 10% of the maintenance charges extra as charges.
Can u please clarify the situation for us, and give us advice and any court judgements on the same?
I C Naik
There are two circulars on the issue.
Both are about charges the society can charge to a member who does not occupy a flat (in whole or in part) him/her self with prior permission of the managing committee. Those housing societies whose registered bye-laws are based on 2014 Model, permission of the Committee is not necessary.
Non-Occupancy Charges can not exceed 10% of the Society Charges (excluding Taxes).
- In respect of charging non occupancy Charges from the members of cooperative housing societies Government of Maharashtra Co-operation and Textiles Department. Govt.Order No.SAGRUYO-1094/15165/ case No. 317/14-C /Mantralaya Extension, Mumbai- 32 dated 1st August 2001.
[See Details at Page 68 of Housing Manual at URL
https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Housing%20Manual%202012%20English.pdf
- The above order covers PG also vide Order Dated 25th February, 2011