Can housing Society Charge differential Maintenance from Owner for Rent Flat
3 weeks ago
I have a flat is Ahmedabad and rented same as I was transferred to Mumbai. Now my society is asking for 15% more maintenance from me as they claim I have rented my flat. How can I complaint against same as my tenant is a small nuclear family & will not be even using most facilities. So, what is the rational for this discrimination & why should I pay more for same flat with no additional services taken by me vs owner staying in flats.
A.Dear Client,
You cannot sublet a flat to other person without the permission of the society. The provision to sublet the flat to another party can be allowed by the society only on special circumstances. You also need to adhere to many legal compliances by furnishing application for subletting and nominal membership of the sub-lette or possessor of the flat. During the period of sub-letting, the member has to pay all the charges to the society and at times they might be required to even pay the non-occupancy charges. You can reach out to the society to know the reason for the additional charges and resolve the issue amicably. Further, if the charges are imposed on irrelevant or invalid grounds without any nexus with the situation and if they are discriminatory in nature (i.e. differential charges as compared to the other society members), then you can send a legal notice to the society demanding to forfeit the discriminatory charges. If the issue escalates, you can also file a complaint before the Registrar of Societies detailing about the grievance. If required, you can approach an advocate for guidance and further steps.
Hope it helps.
Thank you.
You cannot sublet a flat to other person without the permission of the society. The provision to sublet the flat to another party can be allowed by the society only on special circumstances. You also need to adhere to many legal compliances by furnishing application for subletting and nominal membership of the sub-lette or possessor of the flat. During the period of sub-letting, the member has to pay all the charges to the society and at times they might be required to even pay the non-occupancy charges. You can reach out to the society to know the reason for the additional charges and resolve the issue amicably. Further, if the charges are imposed on irrelevant or invalid grounds without any nexus with the situation and if they are discriminatory in nature (i.e. differential charges as compared to the other society members), then you can send a legal notice to the society demanding to forfeit the discriminatory charges. If the issue escalates, you can also file a complaint before the Registrar of Societies detailing about the grievance. If required, you can approach an advocate for guidance and further steps.
Hope it helps.
Thank you.
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A.Dear Client,
A society cannot impose different maintenance charges on a flat owner who sublets their property without a provision in the lease agreement or a resolution passed by 2/3rd majority in a special general meeting. If grievances persist, escalation to the Registrar or Dy. Registrar of Cooperative Societies is advised. Alternatively, seeking relief from the Cooperative Court is an option if resolution is not achieved.
A society cannot impose different maintenance charges on a flat owner who sublets their property without a provision in the lease agreement or a resolution passed by 2/3rd majority in a special general meeting. If grievances persist, escalation to the Registrar or Dy. Registrar of Cooperative Societies is advised. Alternatively, seeking relief from the Cooperative Court is an option if resolution is not achieved.
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A.Dear Client,
Until and unless there is a provision of charging different rates of maintenance for the flat given by the owner on rent/lease to others or any resolution is passed on 2/3rd majority of members of a society in a special general meeting, a Society cannot demand different charges of maintenance from the owner of the flat who was allowed to sub-let his flat to others. You may escalate your grievance before the Registrar or Dy. Registrar of the Cooperative Societies for a resolution in the matter failing which you can place the matter before the Cooperative Court for appropriate relief.
Until and unless there is a provision of charging different rates of maintenance for the flat given by the owner on rent/lease to others or any resolution is passed on 2/3rd majority of members of a society in a special general meeting, a Society cannot demand different charges of maintenance from the owner of the flat who was allowed to sub-let his flat to others. You may escalate your grievance before the Registrar or Dy. Registrar of the Cooperative Societies for a resolution in the matter failing which you can place the matter before the Cooperative Court for appropriate relief.
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A.Dear Sir,
This is the procedure being adopted by many housing societies that they can claim additional maintenance of 5% and not 15%. It has to be resolved among yourself.
This is the procedure being adopted by many housing societies that they can claim additional maintenance of 5% and not 15%. It has to be resolved among yourself.
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