Dear Client,
No special rights to NRI, he is just another member in the society but the society owe explanation on what basis such amount is incurred.
But fixed maintenance charge is payable.
Service charges to society
Dear Sir / Madam, I bought 3BHK apartment in Mumbai. in 2005 But did not stay there for the past 8 years. Did not use a Single Service at this society. Not even Club house, but paid club house and society charges initially when I got possession of the property. No society was formed when I took the possession. I visited my Flat in April 2018 this year and it was shocking to me that asking me to pay 8 Lacks for the past 10 years and Interest charged. I have asked to explain to the society as to how they have calculated these charges and no one has explained to me so far What are the rules and regulations for NRIs leaving abroad. Thank you for your support. Kind Regards SKN
Asked 6 years ago in Family Law
Religion: Hindu
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9 Answers
1. You are liable to pay the service charges even if you do not occupy the flat
2. in addition the member also has to pay non-occupancy charges
3. there is no freezing period during which the member can require the society to not charge him as he was not occupying the flat or using the services of the society
4. whether the member is present or not, the society has to maintain all its amenities and facilities by collecting maintenance and service charges from the society members
5. if there would have been exemption of not paying any service charges if a member is not present in society, then consider the scenario when majority of society members were living abroad and hence not able to avail society services. Then how will the society be able to maintain its premises?
6. it may be that a certain member may not be using the lift because he lives on 1st floor. Or there is a society gym which few members do not use. Then does that mean that such members would be entitled to say that since we do not use these services we will not pay for it? That cannot be!
You are liable to pay maintenance charges irrespective whether you are staying in said flat or not
2) you are entitled to detailed break up of amount claimed by society
3) in event society takes legal proceedings against you under section 101 of MCS act claim beyond 3 years would be barred by limitation
All the apartment owners errespective of their nationality and stay for payment of maintenance and any charged generally collected from all the members.
So you have to ask for the bye laws and minutes of any AGM or SGM discussed the imposition of interest and the rate.
You have the option to move to your appeal to High Court against the RWA.
1. The Society shall have to submit details of the outstanding amount.
2. When you have become the flat owner and a member of the Society, you are required to pay all the charges ordinarily required to be paid for the amenities/facilities provided by the Society.
3. Be it NRI or Indian Resident, the flat owner shall have to pay for the subscription fixed for taking services of the club house, maintenance etc. even though in reality you have not availed any of those facilities/amenities.
Sir it is maintenance charge has to be paid even when you have not occupied your flat but if no notice is given to you for payment then society cannot ask for payment unpaid before last three years as it is time barred. So you can ask society to settle your debts of maintenance for settlement amount.
Rules and regulation for NRI's are also the same as other citizens of India.
You are liable pay the maintenance charges, irrespective of whether you are occupying the property or not.
The society is liable to give to a complete computation of the amount demanded by them as well the copy of the resolution passed, along with the minutes of such proceedings by the society members for billing such amount in your name without any valid explanation.
A resolution, even if passed at an annual general meeting (AGM) of a housing society, would not be binding if there is a lapse in the subsequent procedure of confirmation of minutes within the stipulated time
As the period of limitation period of three years is already over, even if they approach Court for recovery there suit would be barred by limitation.
So, i would advise to offer them some amount in lieu of settlement by way of a legal notice asking them to settle this amicably.
If they fail to settle the matter cordially, you can approach high court by way a writ under article 226 of the Indian Constitution to set aside such cost which are being imposed on you, without any valid explanation for the same.
Regards.
The rules and bye laws are common for all members of the society.
All are required to pay the charges to the society whether they reside or not.
Since you don't stay there, you may request to waive interest on the arrears amount.
No doubt legally they cannot charge you for the period beyond 3 years from now in the past..
If they served you any legal notice then you can give a suitable reply or you can solve the issue amicably.
hello
a society is formed when the owners take possession and full possession is handed over to the owners. the owners make a society in order to run day to day services maintenance and other services. some societies do charge a fixed monthly/yearly amount irrespective of the fact whether you live in the flat or not. but yes, the charges should be categorized and transparency should be maintained in stating the same.
file an application before the chairman of the society and if they do not respond an application to the registrar of the society should be given.
regards
