I am member of a new residential cooperative society yet to adopt 97th constitutional amendment bye laws. Till this time we are charged maintenance as per area of flat. But now, I heard that they are going to charge as per Unit As 2 bedroom flats have a single agreement and 3 bedroom flat has two agreements one with husband as 1st and wife as second and in second agreement wife first and husband second.
Please advice me, as is this a legal act? However, even after not doing this, these orders shall come into force from dt. Saturday, April 11, Home Cooperative Queries. CHS should charge maintenance fees equally to all flats by Mr. I C Naik.
October 23, Share on Facebook Share on Twitter. Dilip Tambwekar I am member of a new residential cooperative society yet to adopt 97th constitutional amendment bye laws.
Tags: cooperatives housing society Legal act maharashtra. Related Posts. Query from Goutam Mitra March 18, Query from Jeevan Deshmukh March 18, Query from Tushar March 18, Query from Sudhir Pillai March 18, Query from Prakash Lohia February 16, Query from Khayum Mulla February 16, Next Post. Co-op Queries. Ask your cooperative-related questions to Mr I C Naik info indiancooperative.
Query from Goutam Mitra.Here are a few apps and softwares that can make managing housing societies a breeze. The software can prepare bills and collect maintenance fees on behalf of the society, through its own payment gateway. Other features include an SMS and email alert system that sends out reminders on debts, dues, etc.
It also has an app, which allows neighbours to network among themselves, lodge maintenance requests and book facilities. See also: Brokers go digital with apps.
ApnaComplex provides housing societies with billing and accounting tools that can fully automate collections. It also allows bookkeeping and maintenance of balance sheets and income-expense statements. Much like ApartmentADDA, it also has collaboration tools such as notice boards, discussion forums and photo galleriesfacility management tools such as asset tracker, inventory tracker, vehicle and parking lot management and a complaint box, enabled with service level agreements and auto-escalations.
Apna Complex also has an Android app. Apartment Sathi manages the accounting and auditing needs of housing societies, such as payment of maintenance charges, income and expense tracking and management of cash flow. The software also provides a facility for administrator support and document storage. Society Run, Society Hive, and Society, are some other software that help to digitise the processes in housing societies. As most of them provide the same services, it is advisable to use their free versions, to decide which one suits your needs.
How to Calculate Maintenance Charge of flats in Maharashtra?
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What makes Bengaluru command the highest rental yields?. Real Estate Act comes into force, only 13 states notify rules. Sheth Corp announces two new luxury towers at Vasant Lawns. Comments comments.Please find attached a link to access this scheme.Co-op Hsg Societies - Billing & Charges - Adv Hiralal M. Suthar
Thursday, 10 October Compliance check list for housing society in maharashtra. The society need to follow the below deadline in order to have a compliant Housing Society.
Statutory Register Books of accounts as per bye law. TDS returns are filled on quarterly basis. Due date for return filling is as under:. You have to pay this for every day of delay until the fine amount is equal to the amount you are supposed to pay as TDS. All housing society that exceeds 20 lakhs of revenue must obtain GST registration. However, if the monthly contribution received from its member is less than Rs.
Further, other dues such as property tax and electricity charges, are exempt from GST and will not be included while calculating the limit of Rs. Further, if the aggregate turnover of the society is up to only Rs. Compliance under GST:. Thus in all 37 returns per year will have to be filled. Fire Drill should be conducted twice in year. Thats it!!! Friday, 5 April Filling of vacancy after half term.
Friday, 8 March Stamp duty amnesty scheme declared. Amnesty scheme Forms of Adjudication started 1st week March Scheme valid 6 months till 30th August, Those who want to clear their stamp duty and penalty part on any old documents can take benefit of this scheme.
Especially who are going for Redevelopment or Deemed Conveyances. Scheme is available only for Residential properties.
Pune: Society restrained from charging maintenance as per area, bedrooms
Older Posts Home. Subscribe to: Posts Atom.I hd givn my house on rent. I had to change the tenant within 4 months.
Advice from society consultant. No other charges are applicable. Hope this helps. Hello, I have paid 3 years advance maintenance charge to the builder, and now have completed 1. There are many people in our society who have came earlier and have completed 3 years in this society. Now society is asking of monthly maintenanance charges from everyone irrespective of date of possession. Is it legal on part of society to ask for maintenance from every one or it should be divided on pro rata basis depending on date of possession?
What action society can take if I do not maintenance till I complete the 3 year period for which advance has already been paid?
Dear Nidhi, Your question is different than question at this page. Please create a new question if it's not related. To answer you: it's difficult to answer directly without looking at your agreement document. You should first check the fine print in your agreement and then approach the builder.
Often builders put clause stating that they can revise the maintenance charge based on situation at the time e. If you have signed agreement with such clause then there is little that can be done. Please read your agreement careful or you could hire a lawyer to do that. My landlord is ready to support me, but he is not aware how to go for it. Under which Sec of which act he can go to which authority and ask for relief. If any one of you can please help that would be great.
Best Regards. Hi I've flat in Mumbai, and that is for rent, my question is that who will pay maintenance?Maintenance charges or service charges are levied by all cooperative housing societies to cater for expenses incurred.
The basis on which the society charges will be shared by each apartment unit is decided by the Cooperative Housing Society. As per the model bye-laws of the Maharashtra Ownership of Flats Act MOFAeach housing society must follow a combination of per square feet and per flat basis for final calculation of the service charge for various heads.
Let us take a look at various heads that constitute the maintenance charge and how the maintenance Charge is calculated as per MOFA guidelines. Service Charges or Maintenance Charges:Service charges also known as basic maintenance charges are those charges that the cooperative housing society needs incurs towards procurement of various services, and are levied on per flat basis. Any individual owing more than one flat in an apartment would need to pay service charges accordingly. All administration expenses like phone, stationary, audit expenses and electricity bills for common area and other miscellaneous expenses are covered under the service charges.
Expenses on Building Repairs: Expenses on building repairs are usually charged on a per square feet basis to all members. The calculation for building repair charges are formulated by the general body of each society, but is subjected to a minimum of 0.
For example, the construction cost is Rs. The charges exclude any expenses towards lift repair and maintenance. Expenses on Lift Repairs: Lift repair expenses are charged per unit basis and used for lift repair and maintenance.
The total expenses incurred for lift operations including repair and regular expenses like electricity charges. The total expenses are divided by the total number of flats and a final figure is reached which is uniformly charged to each member.
Sinking Fund or Corpus Find: Sinking fund, also known as corpus fund is the contribution by all flat owners for specific purpose like a fund for reconstruction of building in the future, carrying out such heavy repairs, structural additions or alterations to the building.
The final amount is subjected to the decision of the society general body meeting, but as per MOFA guidelines the sinking fund is subject to a minimum of 0. Parking Charges: Parking charges are levied on a per flat basis and the final amount is decided by the general body of the society.
Water Charges: Water charges are levied depending on either the number of water inlets in each apartment or depending on the reading of water meter installed for each dedicated apartment unit. The water meters measure the consumption of water of each flat separately. The fee is decided by the general body of the society.
Property Tax: In case the cooperative housing society is authorized to collect property tax on behalf of the government, the tax is determined on a per square feet basis or as specified by the concerned state government.
Insurance Charges: Any expenses incurred on insurance of building and equipment used in the common areas can be shared with the members in accordance with the built up area of their respective apartments. The extra premium can be collected by the society from any shops or commercial establishments in the society. Other Charges: Any other charges as decided by the general body of the cooperative housing society can be included in the society charges to be shared by each resident of the society.
As per the bye laws of the MOFA, the society charges levied on any individual is conditional to him or her being a member of the cooperative housing society and has nothing to do with the time of stay in the premises. Hence the cooperative housing society is well within its right to charge the regular society charges in case of a vacant lying flat.Freesat v7 firmware update
Sinking fund, repair fund and service charges all come under regular society charges that are charged to all society members irrespective of their actual stay in the premises. The charges known as non occupancy charges or NOC cannot be levied, if the tenant is a family member of the owner. There are two common ways in which each housing society can decide the service charges for each member. The society is free to choose the design that suits their respective needs. The two popular methods used to calculate maintenance charges are:.
Flat Wise: Flat wise service charge module calculates sum or total maintenance charge to be incurred by the society and divides equally among all flat owners irrespective of the size of the flat. This method brings a sense of fairness to each flat owner and society resident. This method is best adopted in housing societies where each flat is of the same size.You get annoyed when you see the park in you housing society splattered and littered, in spite of you regularly paying the maintenance charges.
It is even more annoying to see that the basement, too, is not properly managed, and the residents park their cars using their whims and fancies.
You rush to complain about poor maintenance to the management of your housing society. After all, you pay a substantial amount every month as maintenance charges year after year, and you would like to see it used for the purposes it is collected. In gated communities, residents pay a fixed amount every month that is used for the upkeep of the common areas in a housing society. Typically, common areas in a housing society are all community and commercial facilities and may include swimming pools, staircases, elevators, lobbies, fire escapes, common entrances and exits, basements, terraces, parks, play areas, water tanks, etc.
Basically, every part of you housing society, be it the park or the lobby, the community centre or the pool, the elevators or the children's playground, is maintained using the money you pay on a month-on-month basis.Samsung a107f flash file
In India, real estate developers charge anywhere between Rs 2 to Rs 25 per square foot psf as maintenance charge. Suppose you live in a housing society that is spread across 15, square foot and there are 50 residents. If the developer charges Rs 2 psf as maintenance charge, each of the members would have to pay a monthly maintenance charge of Rs every month. Housing societies in national capital Delhi, for instance, levy that kind of maintenance charge since they are smaller and offer only a certain number of amenities.
Now, if the developer charges Rs 25 psf as maintenance charge in a housing society with similar measurement and the same number of resident, each one will have to pay Rs 7, every month. Housing societies in Gurgaon and Noida typically charge monthly maintenance in that range because of the facilities they offer. Homeowners in a housing society have to pay an amount periodically for the regular maintenance and operations of these common facilities.
In most cases, you have to pay maintenance charges on an annual basis. However, these charges may vary from case to case. Home buyers must read their sale agreement carefully so that they know what kind of money they will be expected to pay as maintenance charges in future.
Many of us, given a choice, would not be willing to part with money towards maintenance charges, if truth must be told. Is it not the responsibility of the project developer to maintain the housing complex? The fact is as the residents of a housing society and as the users of the common areas, it is our duty to pay these charges—and the law says so. Apart from the fact that it is legally binding on you to pay maintenance charges as specified in your agreement to sale mostly, the document does not specify the amountyou must contribute to enjoy uninterrupted services provided in a housing society.
It would not make any sense if you buy a house in a project that offers a swimming pool, but does not have proper arrangements to allow the residents to use it. What is the point of having a un-manned parking area where nobody is bound to play by the rules? Also, you can also claim tax benefits on the maintenance charges if you have given your property for rent. Do note here that this facility is not available to self-occupied properties.
File photo. What are maintenance charges?Non occupancy charges are levied by housing societies upon member flat-owners who do not reside in their respective premises. Such non-residence may be on account of the flat being vacant or rented out.Custom press on nail boxes
If a flat owner chooses not to reside in his flat and gives the same on rent or keeps it vacant, then, the society can impose non occupancy charges upon him. If a flat owner is himself residing in the flat, then, he is not liable to pay non-occupancy charges.
In case the flat is occupied by members of his immediate family, namely, son, daughter married or unmarried or grandchildren, then, they will also be exempt from the payment of non occupancy charges. Societies would charge exorbitant rates, as much as Rs 9 per sq ft, as non occupancy premises. This had the adverse impact of increasing rentals and becoming a financial drain on non-resident flat owners. Non-resident Indians NRIsmany of whom are avid investors in Indian real estate, were particularly affected.
Instances were also coming to light, where they levy of non occupancy charges was highly disproportionate, to the tune of several lakh rupees per annum. Thus, it was apparent that non occupancy charges, rather than being regarded as a marginal amount, had effectively become a tool of harassment.
CHS should charge maintenance fees equally to all flats
Excess amounts collected by way of non occupancy, were being misappropriated towards paying the dues of other defaulting members. The Act sets in place a legal and regulatory framework, to supervise and administer the affairs of housing societies. Disputes between housing societies and their respective members can also be adjudicated under the provisions of the Act.React drag and drop file
Section 79A of the MCS Actempowers the state government to issue circulars prescribing guidelines for the functioning of societies. Circulars issued under Section 79A are binding in nature. Section 79A was invoked by the government of Maharashtra, to curb the levy of exorbitant non occupancy charges by housing societies upon their members. The service charges of a society include lift, common area electricity, security and maintenance charges but exclude municipal taxes.
Compliance with the circular was mandatory and any violation would merit penal action, which would include removal of society office bearers.
CHS should charge maintenance fees equally to all flats
The society challenged the cap on non occupancy charges as unconstitutional and violating Article 19 of the Constitution of India. It also argued that the circular was an unwarranted interference into the internal affairs of housing societies. Meanwhile the state of Maharashtra argued that its circular protected minority members from oppression by the majority. The state further argued that levy of exorbitant non occupancy charges ran counter to the spirit of the cooperative movement and would escalate property rentals, thereby, undermining the rental housing market.
The said circular was aimed at preventing the exploitation of minority members who were called upon to pay exorbitantly high non occupancy charges. Further, it represented a bona fide exercise by the state to avoid litigation and disputes, by imposing a uniform rate for the levy of non occupancy charges and delinking them from the rental income earned from the flat. The judgment of the High Court did come with a modification, however.
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