Mumbai based - housing society charging move-in/out fees and 10% clubhouse usage fees for tenants
Facts of Case:
Property based in Andheri West, Mumbai
1. Western Heights (Adani) - First CHS formed in Aug 2019 as OC received in Jan 2019.
2. Had first SGM/AGM in Dec 2019 and the society secretary decide to impose following rules on tenancy, there was no objection from the members attending the meeting as most of them were owners who reside and not who rent their flats to tenants:
a). The tenant shall pay Rs 10,000 per month against usage of service lift and other common areas, for usage by workers and material shifting
b). Society will charge one time moving in moving out charges of Rs 10,000 per moving in and moving out case. The member will be required to pay additional clubhouse charges at rate of 10% of Maintenance fee as non-owners.
Are rules in (a) and (b) legitimate and under authority of CHS even if agreed upon by attending members of society in SGM/AGM ? If above rules are illegal, then which by-law/section/reference of the CHS by registrar office can be quoted to the members of our society, so they can cancel or amend such rules?
If the Secretary does not agree to cancel any charges, should i approach the Deputy Registrar Office of K-ward OR file complaint in which type of court?
Kindly guide on what can be done or cannot be done in above charges related to Tenancy.
Asked 2 years ago in Property Law
Monthly maintenance is around Rs 9500. So, can society charge Rs 950 as NOC charges? Seems bit high.
I am having difficult time finding a tenant at such conditions.....If i go in consumer court and file case against society, that they should be paying me same rent as previous tenant, as with this new rule, i am not able to find a new tenant and its causing loss of monthly income, etc.?
Asked 2 years ago
If you were to do these on behalf of 2-3 members of society, what will be your fees? also, do any of us have to be physically present at the time of hearing? I travel a lot due to nature of job, so physical attendance becomes difficult when called upon.
Asked 2 years ago