Comments
As per this link ' http://www.karmayog.org/general/general_3086.htm ' Service charges are to be charged equally irrespective of the size of the flat as provided in bye law no 69 of the model bye laws.
Also, the law does state Non occupancy charges can be collected to the extent as decided by the General body meeting but not more than 10% of the service charges as has been stated in the circular dated 1st of August 2001 issued by State Government.
Does anyone know what all is a part of "SERVICE CHARGES"? i.e. Are the following a part of 'service charges': Legal advisor charge, repair fund, sinking fund, common electricity bills, elevator maintenance fee, water bills, houskeeping charges etc??? Most of these are essentials for operation of a society right?
The reason I ask is, if a building has 2, 3 & 4 BHK homes... the larger homes surely use more water, more elevator etc. Would those charges have to be equally shared by all apartments equally?
Also, the law does state Non occupancy charges can be collected to the extent as decided by the General body meeting but not more than 10% of the service charges as has been stated in the circular dated 1st of August 2001 issued by State Government.
Does anyone know what all is a part of "SERVICE CHARGES"? i.e. Are the following a part of 'service charges': Legal advisor charge, repair fund, sinking fund, common electricity bills, elevator maintenance fee, water bills, houskeeping charges etc??? Most of these are essentials for operation of a society right?
The reason I ask is, if a building has 2, 3 & 4 BHK homes... the larger homes surely use more water, more elevator etc. Would those charges have to be equally shared by all apartments equally?
Req Appendix 11 & 29 for LL of flat.
thanks
thanks
i have bought new flat of area 400 carpet society is asking to pay Maintenance charges not as per area but fix charged by them.they are saying in bhiwandi there is no rule to pay as per area. the people who is saying is staying in 800 area
I am in Surat(gujarat)
1. I have constructed first floor and sifted therein and the ground floor has been given on rent. The society(not registered) majority members has decided to collect additional maintainance charge @Rs.300/- per months althought the maintainance charge for land lord is Rs.200/- per month. Can a society has the right to collect different maintainance charges for owners and renters?
My objections are;
A. There are seperate pump set for each house means the society is providing no water supply and there is no extra burden due to renters.
B. The society members are asking as the security, street light etc. facility are being used also by the renters, so I have to pay .
My objections are as the security charges cannot be charged by more than one family reside in a single house because the security watches outside the door not inside of house and too there are no extra burden on society due to renters. On this basis, my view is to pay the extra maintainace of Rs.100/- per month only but they are threatning to they will complain with the municipal authority and other statuary authority.
Kindly guide me what should I do?
1. I have constructed first floor and sifted therein and the ground floor has been given on rent. The society(not registered) majority members has decided to collect additional maintainance charge @Rs.300/- per months althought the maintainance charge for land lord is Rs.200/- per month. Can a society has the right to collect different maintainance charges for owners and renters?
My objections are;
A. There are seperate pump set for each house means the society is providing no water supply and there is no extra burden due to renters.
B. The society members are asking as the security, street light etc. facility are being used also by the renters, so I have to pay .
My objections are as the security charges cannot be charged by more than one family reside in a single house because the security watches outside the door not inside of house and too there are no extra burden on society due to renters. On this basis, my view is to pay the extra maintainace of Rs.100/- per month only but they are threatning to they will complain with the municipal authority and other statuary authority.
Kindly guide me what should I do?
There are 30 row houses in our society, out of that 13 houses are only ground floor construction and the option is open for construct first floor, and rest 17 houses are ground plus first floor construction and no option for construct 3rd floor. The 13 houses are part 'A' of the society and 17 houses are part 'B' of the soeicty but having a comman main gate for all 30. The part 'A' has the option to live self as well as with the tenant in their house by construction first floor but part 'B' has no such option.
On the any matter, in general meeting part 'B' tries to making pressure on majority ground because they are 17 out of 30. Whether any resoulation can be passed on majority ground where the categories are like this.
On the any matter, in general meeting part 'B' tries to making pressure on majority ground because they are 17 out of 30. Whether any resoulation can be passed on majority ground where the categories are like this.
One of member in our society had misplaced the Share certificate I wanted know the procedure to be follow to duplicate share certificate to member .
SOCIETY — Maintenance & water tax for an empty flat
we are having a flat in pune.which is empty from last 2-3 year the society is charging Maintainance & water tax for an empty flat . is it legal? plz tell me rules abt this I own a flat in registered co-op. hsg. soc. ltd. My flat is vacant from last 20 years. Due to shortage of BMC water Society purchasing tanker water. please suggest me that whether i am liable to pay tanker water chages since my flat is vacant from last 20 years. - JUDE D'SILVA.
I had applied for a housing loan from icici bank and i got the sanction letter from the department icici franchcee but the amount was not disposed to me after their visit to the flat..nor any reason was given me as to why the loan is not given to me but mean time for the requirement of the loan to take place I had to pay the society charges of Rs 16200/ and one month soceity maintainence was also paid to the society and my stamp duty registration was also done.I had also completed with the sale agreement process and the registration also took place between both the parties in chembur..
But as i was not availing housing loan I had to again do cancellation deed between me to the owner of the property...So now the flat is again in the name of the owner..and my society charges are not refunded to me.. But the owner of the flat as sold the flat to some other third party with out my knowledge and today after 5 years they are asking me to sign as the soceity needs it ..For the soceity the owner of the flat according to the society still remains with me... and it is not transfered ..to the new party..pls confrim to me ..if i am eligible for the refund of the society charges and the 1 month maintainence charges paid by me ...
pls confrim soon this is very urgent...
But as i was not availing housing loan I had to again do cancellation deed between me to the owner of the property...So now the flat is again in the name of the owner..and my society charges are not refunded to me.. But the owner of the flat as sold the flat to some other third party with out my knowledge and today after 5 years they are asking me to sign as the soceity needs it ..For the soceity the owner of the flat according to the society still remains with me... and it is not transfered ..to the new party..pls confrim to me ..if i am eligible for the refund of the society charges and the 1 month maintainence charges paid by me ...
pls confrim soon this is very urgent...
I have a shop at santacruz in the co-operative housing society which stands in 2 name .we are the second holder that is co-owner but shop is in my possession and i am carrying business in the same shop since last 8 years.since we have paid 50% of the total consideration and having 2nd name is creating problem as my elder brother takes all the maintanence bill and he is willing to create problem in our smooth conduct of business . We are facing lots of nuisance in society because of this .Sir what is our rights being a second holder.
Hi,
I own a shop in co-op hsg soc. They are charging double maintenance charge for shops, while apartment owners pay Rs.1.50 per sq.ft, for shop owners it is Rs. 3. Is this justified? If no, where we should complaint and get justice? And what is ratio for non-occupancy charges? can anybody reply.. Thank you.
I own a shop in co-op hsg soc. They are charging double maintenance charge for shops, while apartment owners pay Rs.1.50 per sq.ft, for shop owners it is Rs. 3. Is this justified? If no, where we should complaint and get justice? And what is ratio for non-occupancy charges? can anybody reply.. Thank you.
I have 700Sq feet + 150 terrece flat what will be my Monthly Maintance @of Rs. 3/-
& what is the law for the maintenance of terrece
& what is the law for the maintenance of terrece
I have purchased the above mentioned terrace flat from the builder. I am having a area of carpet 590sq.ft. flat + 150sq.ft. carpet terrace attached. Society is asking me to pay full maintenance on the total area mentioned (flat + terrace) I want to know the clause mentioned in Bye Laws how much percent I should pay maintenance on terrace area.
Property Tax 2.22 times of carpet.
Maintenance Rs.3 times of carpet.
Sinking Fund 0.25 times of carpet.
Property Tax 2.22 times of carpet.
Maintenance Rs.3 times of carpet.
Sinking Fund 0.25 times of carpet.
Case - I am residing in rented flat of mr.sandip shedekar. I have a car which i have to parked in the place provided by society for which society is charging mers.1200/- per quarter.
Now one another flat owner who has his owned parking place in society premises is given me to park my car, still society want me to pay the charges to society for parking.
Question - why i need to pay parking charges to society when i am parking my car in othwr owners parking place.?
Now one another flat owner who has his owned parking place in society premises is given me to park my car, still society want me to pay the charges to society for parking.
Question - why i need to pay parking charges to society when i am parking my car in othwr owners parking place.?
13th March 2010
To,
Mr Mahendra Mhaske
The Deputy Registrar Co-op Societies
M- ward, Konkan Bhanvan
Navi Mumbai
Sub.:- Misuse & Mismanagement of our society funds & power by Administrator
Dear Mr. Mhaske
I write in grief and utter disillusionment over the scandalous act & misuse of authority by your administrator Mr. D P Dohale.
Who has been appointed by you in Dec. 7th 2009 under M-20 compliant filed by our society defaulter member & shop owner Mr. Mario C. Fortes.
I m a senior citizen member of Chembur Neelkanth Apt. Cooperative Housing Society Ltd, from last 90 days I have been patiently observing and hoping for improvement & betterment of our society, but instead there has been a misuse of society funds & misuse of government authority which has been provided by you to the said administrator.
You are well aware that over 90% of the society have not provided M-20 bond primarily due to lack of knowledge in the subject matter. Our society for more than last 6 yrs have been functioning efficiently and progressively by the committee which has been elected by the majority society member’s, however Mr. Mario C Fortes is a defaulter and have not paid his society maintenance for over last 2 yrs, chose to lodge a complaint with you on the M-20 ground, we are surprise by his action and even more so by your that you chose to enact upon a defaulters compliant and send your administrator Mr. D P Dohale for primarily conducting election and overseeing the basic functioning of society till the election work under said.
I m sadly disappointed by the proceedings and handling of society affairs by your said administrator Mr. D P Dohale & seek your intervention in the matter.
There has been misuse & mismanagement of our society funds & power bestowed by you to Mr. Dohale in good faith.
I wish to highlight a few of your administrator act.
1) It has been more than 90 days since appointment of Dohale and the process of society election have not yet been started. D P Dohale is getting paid Rs. 30/- per member per month (I.e. Rs. 30 X 40 member’s = Rs. 1200/- per month from our society fund) and I think his content with delaying the election process and making money out of it.
2) D. P Dohale attends the society office once in 15 days for 15 mins only, and despite the regular calls by the society who required him to resolve the society issues, we have also observed, he chooses to spend majority time personally visiting our society shops & meeting the shop owners. His absences has hampered the smooth operation of the society and we are force to live in the society often without lights, water drainage, delaying payment of salaries, lift malfunctioning, irregular security, handling 24 hrs services of mobile antenna, water motor operation, etc…
3) We have requested Dohale to regularly attend the office & start election process, but he informed us that since he is busy with other work given to him by you, he will appoint another person to look in to day to day activity and for election purpose both, for which the society will have to additional pay, which the majority society member’s have objected for using of society fund.
4) Upon your instruction society member’s on 22nd Jan 2010 have given Dohale letter to initiate action (I.e. send notice of 101) against Mr. Mario Fortes (society defaulter member & complainer) for not paying his society maintenance fees from last 2 yrs and also take action against shop owners who have illegally made extension to their shop and are using garage as storage etc.. However no action whatsoever has been taken and we have also not received any response in the matter till date. But we have come to learn about D P Dohale generous act, instead he has given Mr. Mario Fortes a NOC / permission and has bellowed Mario C Fortes to give his shop on rent from 1st March 2010 to his neighboring shop owner. Which not only shows misuse & exploitation of government authority, but also questioning your power and instruction which have been defied and disobey?
5) And to top it up Dohale has also permitted the shop owner to make grill to their toilet which is not required at all, upon protest from the majority society members (I.e. 9th Feb. 2010), Dohale assured that he will ask the shop owners’ to remove grill and not pay for the grill to the shop owner’s . However it has been observed on 17th Feb 2010 Dohale has already released Rs. 19000/- on his own against grill vendor’s and has signed the chq. as a sole signatory (without informing single member).
This is an act of a Hand – In – Glove nexus with the shop owner’s and pucca fraudulent act on part of Mr. D P Dohale, whom you appointed at behest of a society defaulter member.
I am writing so that you become aware of the activities and malpractices that are happening behind your back and also so that you intervene and safeguard us from exploitation at the hands of your administrator Mr. D P Dohale, who has been secretly working for the Mario C Fortes and other shop owner’s & using our society fund.
I am disappointed, but hopeful that you will take the matter in your hand & help us start the election process without any further delay.
From Chembur Neelkanth Apt. Cooperative Housing Society Ltd
Chembur Neelkanth Apt, 18, Plot No 571, Pestom Sagar, Amar Mahal, Chembur – Mum: - 89
To,
Mr Mahendra Mhaske
The Deputy Registrar Co-op Societies
M- ward, Konkan Bhanvan
Navi Mumbai
Sub.:- Misuse & Mismanagement of our society funds & power by Administrator
Dear Mr. Mhaske
I write in grief and utter disillusionment over the scandalous act & misuse of authority by your administrator Mr. D P Dohale.
Who has been appointed by you in Dec. 7th 2009 under M-20 compliant filed by our society defaulter member & shop owner Mr. Mario C. Fortes.
I m a senior citizen member of Chembur Neelkanth Apt. Cooperative Housing Society Ltd, from last 90 days I have been patiently observing and hoping for improvement & betterment of our society, but instead there has been a misuse of society funds & misuse of government authority which has been provided by you to the said administrator.
You are well aware that over 90% of the society have not provided M-20 bond primarily due to lack of knowledge in the subject matter. Our society for more than last 6 yrs have been functioning efficiently and progressively by the committee which has been elected by the majority society member’s, however Mr. Mario C Fortes is a defaulter and have not paid his society maintenance for over last 2 yrs, chose to lodge a complaint with you on the M-20 ground, we are surprise by his action and even more so by your that you chose to enact upon a defaulters compliant and send your administrator Mr. D P Dohale for primarily conducting election and overseeing the basic functioning of society till the election work under said.
I m sadly disappointed by the proceedings and handling of society affairs by your said administrator Mr. D P Dohale & seek your intervention in the matter.
There has been misuse & mismanagement of our society funds & power bestowed by you to Mr. Dohale in good faith.
I wish to highlight a few of your administrator act.
1) It has been more than 90 days since appointment of Dohale and the process of society election have not yet been started. D P Dohale is getting paid Rs. 30/- per member per month (I.e. Rs. 30 X 40 member’s = Rs. 1200/- per month from our society fund) and I think his content with delaying the election process and making money out of it.
2) D. P Dohale attends the society office once in 15 days for 15 mins only, and despite the regular calls by the society who required him to resolve the society issues, we have also observed, he chooses to spend majority time personally visiting our society shops & meeting the shop owners. His absences has hampered the smooth operation of the society and we are force to live in the society often without lights, water drainage, delaying payment of salaries, lift malfunctioning, irregular security, handling 24 hrs services of mobile antenna, water motor operation, etc…
3) We have requested Dohale to regularly attend the office & start election process, but he informed us that since he is busy with other work given to him by you, he will appoint another person to look in to day to day activity and for election purpose both, for which the society will have to additional pay, which the majority society member’s have objected for using of society fund.
4) Upon your instruction society member’s on 22nd Jan 2010 have given Dohale letter to initiate action (I.e. send notice of 101) against Mr. Mario Fortes (society defaulter member & complainer) for not paying his society maintenance fees from last 2 yrs and also take action against shop owners who have illegally made extension to their shop and are using garage as storage etc.. However no action whatsoever has been taken and we have also not received any response in the matter till date. But we have come to learn about D P Dohale generous act, instead he has given Mr. Mario Fortes a NOC / permission and has bellowed Mario C Fortes to give his shop on rent from 1st March 2010 to his neighboring shop owner. Which not only shows misuse & exploitation of government authority, but also questioning your power and instruction which have been defied and disobey?
5) And to top it up Dohale has also permitted the shop owner to make grill to their toilet which is not required at all, upon protest from the majority society members (I.e. 9th Feb. 2010), Dohale assured that he will ask the shop owners’ to remove grill and not pay for the grill to the shop owner’s . However it has been observed on 17th Feb 2010 Dohale has already released Rs. 19000/- on his own against grill vendor’s and has signed the chq. as a sole signatory (without informing single member).
This is an act of a Hand – In – Glove nexus with the shop owner’s and pucca fraudulent act on part of Mr. D P Dohale, whom you appointed at behest of a society defaulter member.
I am writing so that you become aware of the activities and malpractices that are happening behind your back and also so that you intervene and safeguard us from exploitation at the hands of your administrator Mr. D P Dohale, who has been secretly working for the Mario C Fortes and other shop owner’s & using our society fund.
I am disappointed, but hopeful that you will take the matter in your hand & help us start the election process without any further delay.
From Chembur Neelkanth Apt. Cooperative Housing Society Ltd
Chembur Neelkanth Apt, 18, Plot No 571, Pestom Sagar, Amar Mahal, Chembur – Mum: - 89
21st March 2010
To,
Mr Mahendra Mhaske
The Deputy Registrar Co-op Societies
M- ward, Konkan Bhanvan
Navi Mumbai
Dear Mr. Mhaske
Sub:- Majority Society Member’s objection on accepting Mr. Mario C Fortes issue
As you are aware, you’re appointed administrator Mr. D P Dohale have not come to our society office from last more than 20 days, so we are force to write to you.
On 20th March 2010 evening, Mr. Mario C Fortes (shop no -5) our society defaulter who have not paid his society maintenance for over last 2 yrs, called Mr. Thomas (one of our society member), informing water leakage in this shop, . In spite which Mr. Thomas visited his shop to make sure and informed Mario to call the appointed administrator (Dohale)
We majority society members undersigned, would like to oppose on any hearing given or society funds used for Mr. Mario C Fortes - shop No-5 (our society defaulter) by Dohale prior to clearing all his last 2 years society maintenances unconditionally.
We are also still awaiting your response//action on our 13th March 2010 letter.
Thanking you
Warm regards
From Majority Society Member’s of Chembur Neelkanth Apt. Cooperative Housing Society Ltd
Chembur Neelkanth Apt, 18, Plot No 571, Pestom Sagar, Amar Mahal, Chembur – Mum: - 89
To,
Mr Mahendra Mhaske
The Deputy Registrar Co-op Societies
M- ward, Konkan Bhanvan
Navi Mumbai
Dear Mr. Mhaske
Sub:- Majority Society Member’s objection on accepting Mr. Mario C Fortes issue
As you are aware, you’re appointed administrator Mr. D P Dohale have not come to our society office from last more than 20 days, so we are force to write to you.
On 20th March 2010 evening, Mr. Mario C Fortes (shop no -5) our society defaulter who have not paid his society maintenance for over last 2 yrs, called Mr. Thomas (one of our society member), informing water leakage in this shop, . In spite which Mr. Thomas visited his shop to make sure and informed Mario to call the appointed administrator (Dohale)
We majority society members undersigned, would like to oppose on any hearing given or society funds used for Mr. Mario C Fortes - shop No-5 (our society defaulter) by Dohale prior to clearing all his last 2 years society maintenances unconditionally.
We are also still awaiting your response//action on our 13th March 2010 letter.
Thanking you
Warm regards
From Majority Society Member’s of Chembur Neelkanth Apt. Cooperative Housing Society Ltd
Chembur Neelkanth Apt, 18, Plot No 571, Pestom Sagar, Amar Mahal, Chembur – Mum: - 89
I live in a coop hsg soc in Andheri West. The Secretary and most of the committee members do not function. The problem i am facing is that of garbage. the members leave the garbage out the whole night and even day time and a cat is causing nuisance by opening the same and strewing it all over. inspite of several complaints to the secretary, he has not taken any action to ensure that garbage is not kept out. Also since the last 3 years the society has been saying it will carry out leakage repairs and painting of the buildings, but till date no action. The last AGM was held in November but the minutes have not yet been circulated. what is the stiputed time for minutes to be circulated? can i approach the registrar of cooperative housing societies to intervene. if yes, what is the procedure and the address. Thank you
I am working as a Manager for property many times i faced many problem to write a letter regarding tenant. We are landlord. I want to make a maintenance bill & receipt can I get the format for the same. If possible please send me on dilip.[protected]@hmlindia.com.
Dear Sir,
I m a bonafide member of a society which is register but not convinced. I have some pending dues towards the society for which I am ware but the figure what the committee conveyed to me is an objectionable & for the same I write them continuously but there is no reply from them. I also ask for the detailed to be verified by bother the side able to settle the same but no response from them. I have deposited some of the amount against this in to the bank account directly which the committee not aware. also I request for the inspection of the books of account, minutes books for which they are not ready.
Please suggest sir what can i do to resolve this matter. Are they have right to charge the interest as per there wish. please guide
Thanks &
I m a bonafide member of a society which is register but not convinced. I have some pending dues towards the society for which I am ware but the figure what the committee conveyed to me is an objectionable & for the same I write them continuously but there is no reply from them. I also ask for the detailed to be verified by bother the side able to settle the same but no response from them. I have deposited some of the amount against this in to the bank account directly which the committee not aware. also I request for the inspection of the books of account, minutes books for which they are not ready.
Please suggest sir what can i do to resolve this matter. Are they have right to charge the interest as per there wish. please guide
Thanks &
I have a flat with terrace. I have possession letter for flat and terrace separately fron the builder. Society is asking for 50% maintenance charges for Terrace area as well. Please advise if maintenance should be paid on terrace, if yes what should be the rate ?
Thanks
Jay S Shukla