Cooperative Legal Guidance

Society Maintenance Charges:

We provide some legal aspects related to cooperative society in Maharashtra, India. However, please note that legal matters can be complex, and it's always advisable to consult with our qualified legal professional for specific advice tailored to your situation. Here are some key points related to cooperative society are as under.:

  1. Property Tax:
    • Determined by the local authority, this regulation does not apply outside Maharashtra as payments are made directly to the government.
    • Interest on Late Payments: If you fail to make payments on time, you will be charged interest on the outstanding dues. These charges can vary between societies but are capped at a maximum of 21% per annum.
  2. Electricity Charges:
    • Every housing society is required to frame its own set of bylaws, which should be in accordance with the model bylaws provided in the Act.
    • Bylaws govern the internal functioning of the society, including matters related to membership, elections, meetings, and management.
  3. Water Charges: In most of the older societies there is one / two common meter for water supply to the various flats / shops / bungalows etc. Hence they are required to collect the "Water Charges" from its members. This most of the time leads to lot of arguments and debuts on the method of calculation of the water charges. Some of the suggested bases for calculating "water charges" which society can adopt are as below;
    • Common water charges (for Garden, Car washing, Lobby /Staircase washing, Fire-tanks, Rain-dance showers, Swimming pool etc.), are to be borne equally by all members, irrespective of anything.
    • Actual Water bill amount must be divided by the total number of Inlets, irrespective of water usage pattern to arrive the per inlet charges.
    • Add the number of each Inlet-pipe connected and going inside the members flat. This can be determined by Plumbing-Layout diagram, as approved by corporation.
  4. Repairs and Maintenance Fund: A Repairs & Maintenance Fund consists of contribution from all Members, at the rate fixed at the General Body Meeting from time to time, subject to the minimum of of 0.75 percent per annum of the construction cost of each flat for meeting expenses of normal recurring repairs.
  5. Sinking Fund: A Sinking Fund consists of contribution from all Members, at the rate fixed at the General Body Meeting from time to time, subject to the minimum of of 0.25 percent per annum of the construction cost of each flat.
  6. Service charges:
    • These charges cover the cost of acquiring services and amenities, such as electricity for common areas, watchmen, lift operators, cleaning crew, and gardeners. Service charges are shared equally by all members.
    • Repair and maintenance charges include the upkeep of various building elements like internal roads, pumps, drainage systems, lifts, tanks, generators, street lights, and security equipment. The rates are set by the society's governing body, with a minimum rate of 0.75% per annum of the construction cost of each flat to cover normal recurring repair expenses. These charges are equally divided among the number of flats/units.
  7. Parking Charges:
    • At the rate fixed by the General Body of the Society at its meeting under the bye-law No. 84/85.
  8. Non-occupancy Charges:
    • An amount to be paid even if you are not currently residing in the house/flat, however, these charges should not be more than 10% of the service charges.
    • Regular meetings, including the Annual General Meeting (AGM), are held to discuss and decide on important matters.
  9. Education & Training Fund:
    • Rs. 10 per Flat/unit per month.
  10. Insurance Charges:
    • The built up areas of each flat, provided that if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in proportion of the built up areas to their flats.

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