[Resolved]  Co-Operative Housing Society — Service charges

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?
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Aug 14, 2020
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Service charges means repair fund, sinking fund, sweeper, security, gardener, society manager and legal advisor.

Electricity and water bills comes under expenses accounts. It should be charged to each wing seperately according to their bills. Lift maintenance and repair same each wing seperately if one does not use lift also.
The service charges are to be equally divided. they are: Light bill, watchmen/sweeper/gardner's salary, Insurance, lift maintenance, accounting fee etc.
Non occupancy charge shouold be 10% of the service charge.
Sinking fund is to be claculated at the rate of 0.25% of the total construction cost and to be divided by buil up area of the flats/shops & repair and maintenance fund with the rate of 0.75%.
water charge to be calculated to number of inlets provided to the flat/shop from outside.
Dear Sir
Please clarify, May a housing society charge service tax on water charges bill provided to their members if bill is below of Rs.3000/- P.A.
Kindly mention registration code & head .

Thanks
Regards
Vinod Verma
Please let me know that Non occupancy charges of 10 % should be paid in sinking and repairing funds also . Or only on Maintenance charges (Excluding sinking & Repairing fund).

Please reply.

vidya
can the repair fund or sinking fund be used for major repairs or replacement of lifts
The service charges should be uniform where the house sizes are uniform.
For dissimilar sizes, say 800, 1000, 1500 & more sq ft, the logic of charging same maintenance charges does not hold water.

The purchase price of these flats are differnt based on the area, the house tax is different again based on the area, the area is the determining factor.

The bigger house is normally for a bigger size family and that's why larger sum is paid for the extended facility to faciltate use by an extended number of members.

To say that it shoud be uniform irrespective of size of the Flat is to rob Peter to pay for Paul's luxurious living. Highly unreasonable, unjustified and discriminatory.
my socty charging extra 500-rs.per month for taking home tution at home, as left is used by stduent. pl help me. as i m oppose to it.
1. Refusal to allow entry in to the building :

I Mr. R.B. Popat was refused to allow entry on 04.10.2010 in to the building by Mr. Sandip Velhal and One Watch man on duty @ 10.30 A.M. in the morning. Thereafter, I went to Jurisdictional Kidwai Nagar Police Station and lodged NC vide NC No. 1924110 dtd. 04.10.2010.

2. Manipulation of Minutes :

(a) This is to inform your goodself that in the last AGM my wife had signed attendance sheet stating that she object to the removal of name from membership by her. However, when we received minutes it was stated that my wife has agreed to the resolution of removal of name from membership. In order to prove manipulation of minutes we had asked through letter cum notice dated 27th March, 2010 of our Advocate Shri Vinod Sampat to give us certified copy of the 2009, AGM Attendance sheet which was not given till to date by the said society. However, in reply to our Advocate the society stated that they had given inspection to us which was also not given. Further in our Advocate’s letter cum notice what was asked for by us was copies of the several document but none of them is given to us.

3. (a) Allegation of Bazari Activity and removal of name :

The society has by alleging Bazari activity, removed our name from membership of society. However several time including through Two RTI and letters and even through letter cum notice dated 27th March, 2010 of our Advocate Shri. Vinod Sampat we asked for evidence of Bazari activity as alleged by the society, which are not received by us till to date.




(b) Right of cross examination :

We reserve our Right of cross examination of each person who voted against us and in favour of resolution of removal of name from membership of society and ask them to provide evidence of Bazari Activity.

(c) Not granting of hearing By the Asst. Registrar F south, Mumbai :

Not granting of hearing By the Asst. Registrar F south, Mumbai of hearing till to date on removal of our name from membership of the society. We are even not aware whether society has filed such resolution with the office of Asst. Registrar F south Mumbai.

4. Evasion of stamp duty and registration fee by Secretary :

The present Secretary Mr Anil Agnihotri has submitted application along with all record for deletion of his first name from Flat No. 302 certificate, which was accordingly being removed from the share certificate by virtue of application by him.

At that time Mr. R.B.Popat was secretary, Mr. Prabhu Desai was treasurer ( of Sameer) and Mrs. Amla Agnihjotri wife of Mr Anil Agnihotri was Chairperson. We all deleted the First name from the said certificate of flat no. 302 by making endorsement on the reverse side of the said share certificate of flat no. 302 and kept single name of Mrs. Amla Agnihotri on reverse side of the said flat 302 share certificate and all amendments were accordingly being carried out in share register.

This name was removed on application being made by Mr. Anil Agnihotri with all necessary papers on account of Notice from Income tax Delhi being received by him as was told to me by his wife at that time.

I heard from some one that again the society converted single named share certificate of Mrs. Amla A. Agnihotri to First name of Mr. Anil Agnihotri and second name of Mrs. Amla agnihotri.

Now, the issue is how come one can become secretary from flat no. 302 when the stamp duty and registration fee is not paid by them at both instances as narrated above.

We request concerned authorities [ collector of stamps ] to check payment of stamp duty and registration charges on both the above transaction and also on all immovable portion of Abhishek CHS Ltd. (building) including all stilt parking owned occupied by Mr. Agnihotri family.

5. Raising of false maintenance bills of Rs. 33000/- plus towards difference in car and scooter parking by alleging fraud by Mr. R. B. Popat :

It was abundantly proved that we have scooter parking as per Conveyance copy from builder to society which was part of registered agreement of our flat.

The society in reply from their advocate stated that the society has only one type of parking is also misleading information given by committee members to their advocate.

It is also abundantly clear that society has G parking for closed garage P parking for open garage which is further are of two type one is small which is for scooter parking and big for car parking as categorized in conveyance deed from builder to the society. Apart from that there are open parking for scooter ( two wheeler) and car parking for (four wheeler) for which different rates are being charged.

Society alleged that Mr. R.B. Popat has manipulated bill by charging less amount is also replied in Notice cum letter dated 27th March, 2010 of our Advocate Shri. Vinod Sampat’s. However The bill raised by Mr. R.B Popat was same as raised for immediately preceding month by Mr. Kambli ( ex-manager of the society ) who was manager of the society.

In order to prove all the facts detailed documents was called from Society vide letter dated 07.07.2009 And vide Two RTI application In the month of March, 2009 and reminder letter was filed with Asst Registrar Shri. B.D, Ahire for seeking information under RTI vide letter dated 11.06.2009 but no reply is received till to date. And also vide Notice cum letter dated 27th March, 2010 of our Advocate Shri. Vinod Sampat but till to date we received no reply from the society.

We reserve our right to file defamation suit against the committee members.

6. Non raising of regular maintenance bills :
Though, maintenance cheque for Quarter April 2009 to June 2009 was sent by Mr. R. B. Popat society returned the same by stating that the matter is under consideration and returned the cheque.

Further, vide letter dated 03.06.2009. It was intimated to society that the non issuance of maintenance bill by the society is leading to delay in receipt of payment by the society and interest cost shall be borne by the committee members, . But to the said letter they failed to reply.

The Asst. Registrar F south Shri. B.D Ahire was informed of such discriminating act of society of not issuing regular maintenance bill to us vide letter dated 11.06.2009 but no reply is received till to date.

And also vide Notice cum letter dated 27th March, 2010 of our Advocate Shri. Vinod Sampat’s it was informed to the society for non issuance of the maintenance bill by the society, However in response to the said point society through their advocate failed to reply.

7. Not giving Notice of Any meeting including Annual General Meeting :
For the reason stated vide Para 1(a) as stated above committee member did not issue us notice of AGM, because minutes of previous AGM meeting are to be approved in next AGM meeting, which was held in society on 14.08.2010 at 8.00 PM as told to us by some member on telephone. If we object to the said manipulation of minutes by asking them to produce last attendance AGM sheet then the committee members cannot talk on next agenda only !

8. Non supplying of copy of Annual Accounts :
In last AGM society allotted major repair work to contractor which was around Rs. 50 lakh. The society committee hurriedly carried out work for which we demanded bills and several documents through our advocate Shri. Vinod Sampat but till to date they had not given any paper though we have paid Rs. 82000/- plus for such major repair work. The work is done of extremely poor quality as several residents have started complaining about seepage and leakages.

9. Non supplying of information about M/S Semitronics (partnership firm) flat No. 01 :
(a) M/S Semitronics flat No. 01 was Business office in the society building since inception i.e. commercial use. In order to continue them as Commercial Office society in last 15 year never took any objection to them and on the contrary the society was billing/collecting almost double maintenance charges to/from them, the records were asked by Mr. R.B. Popat thorough RTI in the Month of March 2009 by making the same before Assistant Registrar F south Mumbai but no information of any sort is received either from the society or from The Registrar F South Mumbai.

(b) It is was told to us by some one that the flat transfer done of M/S Semitronics (partnership firm) is done without the copy of partnership firm registration certificate in the name of the firm. We hereby demand copy of M/S Semitronics (partnership firm) registration certificate duly certified by the Secretary of the society for verification.

10. Cutting of 20 year old tree (earlier) and few months back removal of garden across our window ( just 20 feet away) which was having 3 big 6 year old coconut tree and 100’s of plants :
(a) Mr. R. B. Popat filed first complaint of cutting of 20 year old tree (earlier) with BMC along with photograph of cut tree. However BMC officer closed the file without recording my statement.

(b).Due to apprehension of death threat from committee members ( based on above behavioral pattern ) Mr. R.B.Popat did not report about removal of garden 20 feet across window of our flat No. 01 which was converted to unwanted parking space by removing from root 3 big 6 year old coconut tree and 100’s of plants. ( However after refusal of entry in to building on 04.10.2010 vide para 1 above I have decided to complain now).

11. Not providing vital details :
Contract copies and Bill copies of for major repair work to contractor which was around Rs. 50 lakh on which Service Tax compliance, TDS compliance both under MVAT and Income Tax was asked through our advocate Shri. Vinod Sampat’s letter cum notice from society to see whether any fraud on exchequer is there or not but no such information is provided till to date.

12. Non acceptance of any letter :

Society secretary refused to acknowledge any letter from us.
I owe two falts but registration is of both ADJACENT flats are seperate. One myself and other my daughter. We have combined both the flats and now we have only one kitchen, one ration card incooperating all family member name. Now what is the procedure or how should I pay service charge. SIngle for both the units or seperate.
Dear Team,

I stayed in Dombivli East, Meenal Datta Co-Hsc Soc, The society secreatry is unquailified, not ever she could signed the letter, also the soc secreatry is charging for accessing the soc terrace for which no charge was discussed in any soc members meeting,

Please assist,


Regards,
Rakesh Nikam
[protected]@yahoo.co.in
Is it illegal to keep paying guest in our own house, our society is objecting not to keep paying guest (bachelors) they have said that they will not give NOC. They have passed a resolution in AGM not to partially sublet the flat.

Please advise what should we do.

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