Can a housing society charge tanker water charges on an un occupied flat. We pay municipal water charges. As the tanker water is purchased for the residing members why closed flat should pay for it?.
I C Naik
Society charges are apportioned to each flat on the basis specified in the registered bye laws of the concerned Society. Water charges are apportioned on the basis of total number and size of inlets provided in each flat [2014 Model Bye Law No 67(a)(ii)] Bye Law No 69(a)(ii) of Model 2009] Bye Law No 71(a)(ii) of 1984 Model]
These bye-laws bind members and committee and even general body of members. The registered bye laws do not refer non occupancy of a flat as far as apportionment of costs of providing amenities and services are concerned.
There is a provision in BMC Act to request waiver of Property Tax and BMC does consider it.
In Cooperative housing societies if appropriate provision is made by amending its registered bye laws as per Amendment Procedure prescribed under bye-laws such waiver is feasible, but not otherwise.
