Maharashtra Housing Society Rules: Can Managing Committees Levy Maintenance Charges Beyond Approved Resolutions?

Q. I stay in a non-gated society which has 16 independent houses. Our common expenses come to around Rs1.5 lakh per annum (pa). However, the managing committee charges Rs20,000 per house as yearly maintenance charges, which come to around Rs3.2 lakh pa. What shall be the basis for annual maintenance charges?

Shailesh Khire, Chembur

A. The charges shown in the maintenance bill have to be in accordance with the resolution passed by the general body. The committee cannot levy anything extra beyond that. You may obtain a copy of such a resolution from the committee to verify the levies.

Maharashtra Co-operative Societies (MCS) Rules prescribe the heads of charges that can be levied on members. These include charges for services, water, car parking, property tax, interest on dues, nonoccupancy and any other charges. Every society is required to obtain insurance for its premises, the cost of which can be collected from members under the head of insurance charges. Annual subscription and entrance fees are required to be paid if the society is a member of any district or state housing federation.

Apart from the above charges, every society is required to create and maintain several funds with the general body's permission. Please refer to MCS Rules 106C-11 and 106C-12 and bylaws 66–67 to know more about the items that can be included in the term ‘service charges’.

Q. Can a provisional member attend the special general meeting (SGM) called for redevelopment? Can a joint member attend the same meeting and vote? Can a provisional member contest the society election and, if elected, become an office-bearer?

Vinayak Mahamunkar, Thane

A provisional member is a person who is duly admitted temporarily after the death of a member on the basis of nomination until the admission of the legal heir/s as member/s. Provisional members are entitled to participate in the SGM for redevelopment and vote thereat. They can also contest the election and, if elected, the committee may decide to appoint them as office-bearers. Currently, there is no specific provision or prohibition in this regard in the MCS Act and Rules. Hence, it is up to the committee to decide on the appointment of the office-bearers. However, a provisional member will not have any right, title or ownership of the property, and his/her name will not be included on the share certificate.

In the case of joint members, the first person named in the share certificate shall have a right to participate and vote at the SGM for redevelopment. However, in his absence, the person whose name stands second, and in the absence of both, the person whose name stands next, may attend the meeting and vote thereat unless he/she is a minor. A joint member can also contest the election with the prior written consent of the person named first in the share certificate.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to mpanchayat@gmail.com

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