I had booked an under construction flat in Badlapur and the registration and the possession was completed in 2024. The society has been charging maintenance at compound interest since its formation. Please, tell me from which period I am liable to pay maintenance and at what interest as per the bylaws? Madhuri Mishra, Vashi
As the dates of purchase, registration, actual possession, OC and the society formation are not mentioned, I assume that you bought the flat at an advanced stage of the project when the society was already registered and functional. For the society to levy the maintenance, you need to be admitted as a member.
The charges can be levied from the date you became the member, which can happen only after possession. The charges can't be sought for the period when you were neither in the possession of the flat nor were a member. The rate of interest to be charged for delayed payments is decided by the general body.
The society can charge simple interest up to 21% as per bylaw 71. However, it is up to the general body to decide the rate of interest less than 21%. You may ask for a copy of the resolution of the general body to know the interest rate. Bylaws do not provide for levying compound interest for defaulted payments.
Our society is a combination of commercial and residential units. The commercial members have been allotted parking slots in the building. Three residential members, including me, neither own cars nor the parking slots are allotted to them. However, the society is levying the car lift charges on three of us. Is it legal? Anshul Shah, Bhayander
Parking charges cannot be levied on someone who has not been allotted a slot. Car lift charges should be levied on those using the facility. There is no specific provision for levy of such charges in the bylaws. Ideally, it should be included in the parking charges. If a member does not have a car, he will neither use the car lift and nor should be made liable to pay the charges therefore.
The society cannot pass on the burden of the facilities used by the commercial members to the residential ones. Your society should have a parking policy approved by the general body, which will include the criteria for allotment, charges, including the car lift levy and its maintenance. You may write to your managing committee to waive off the car lift charges. If the society does not do the needful, you can file a complaint with the registrar or a cooperative court.
I have bought a 1RK flat of 200 sq ft without a parking slot in 2022. I paid a Rs25,000 transfer fee and Rs30,000 donation for which no receipt was given. The chairman told me that since you paid the donation through cheque that itself is your receipt. Further, I am being levied Rs2,000 maintenance charges per month. The charges are unfair towards me as my flat is comparatively smaller than others. Mohan Chauhan, Andheri
Bylaw 38 (ix) provides that the payment of premium shall be at the rate to be fixed by the general body but within the limit of (currently Rs25,000) prescribed under the circular issued by the cooperation department. The society cannot take additional amount towards donation or contribution to any other funds or under any other pretext from transferor or transferee. It is necessary for the secretary/treasurer to issue a receipt for the amount paid to the society.
You can file a complaint with the registrar against the managing committee for demanding higher premium on flat transfer. For maintenance charges, please refer to bylaw 66 which provides for the service charges, while bylaw 67 provides for the criteria of levying charges. Irrespective of the unit's size, services charges will be equally divided among all members, whereas other charges may vary as per the criteria mentioned therein. Service charges include common expenses towards salaries of staff, contractors, office expenses of the society, electricity bill, travelling expenses, etc.
Property tax, water and parking charges, contribution to various funds, interest payment, etc come under other expenses. If your society is not following the criteria mentioned in these bylaws, you may file a complaint with the registrar.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
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