• Additional 30% maintenance charged by society for tenants (KAOA)

I am a tenant residing in Bangalore in an Apartment whose Society is registered under KAOA. As per my agreement I am required to pay the maintenance of the society. My society charges a maintenance fee of 5k for the owner while it has informed me that it will be 6.5k as Tenancy charges. I do not have a copy of the Bye Laws and rules so I do not know if there is any validity to the above charges. Is there any legal right for the Housing Society to charge additional 30 percent as Tenancy charges in Karnataka.

Since I am a tenant and not the owner, do I have any legal rights pertaining to the same.
Asked 3 years ago in Property Law
Religion: Hindu

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11 Answers

Do you have a paper

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

Maintenance charges has to be paid by the flat owner 

 

2)you should have never agreed to pay maintenance charges 

 

3) non occupancy charges can be maximum 10 percent of maintenance bill 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Most of the Societies spread all over India illegally collect amounts from the tenants, new buyers in any way tyhey can for the collective benefits of the members/flat owners.

 

2. Such levying of additional maintenance to the tenants is against the constitution of India since it infringes in to the fundamental right of the tenant.

 

3. The tenant can file a Writ Petition against the Society.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

It's illegal they can't charge such a high additional charge. You can object to it by filing complaint to dy registrar of co-operative societies

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

The RW associations generally charge two different charges towards monthly  maintenance from the owner/members and the tenants of the apartments respectively.

If you are in any kind of doubt you can peruse the bylaws kept in the association office.

Ideally, the society cannot charge extra from the tenant because the latter does not deal with the society, just the owner,"

However, under the pretext of providing additional security because of the presence of non-members, that is, the tenants, a society may levy additional charges.

Such charges have to be arrived at mutually with the consent of all members, including the owner. "While a society is allowed to frame rules for its administration, it cannot force tenants to pay fees that are exorbitant and oppressive in nature. These arbitrary charges tend to be in violation of the constitution and, hence, can be challenged in court,"

If a tenant believes that a charge has been arbitrarily levied on him, he should ask the society to specify in writing the section of the model bye-laws under which it has been charged. If the society has come up with a charge that it cannot legally impose, the tenant can raise objections, and if need be, approach a cooperative court,"

In case of harassment or unfair discrimination by the society, the tenant should approach the cooperative court along with the owner. He cannot do so on his own since he is not a member of the housing society, while the owner is.

If, on the other hand, the tenant is harassed by the owner or refuses to accompany him to the court, he can approach the police as well as the civil court. Cooperative courts are set up by the state government in some districts, but if there isn't one in your state, you can approach a consumer/civil court.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

  1. The society has every right to collect non occupancy charges.  But it should be collected from the owner, not the tenant. 
  2. Why are you paying maintanence?  It's the liability of owner 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

Ask your landlord to dispute this demand. 

The association has no right to charge extra CAM charges from tenant  

Lodge complaint with the Competent Officer to adjudicate this dispute. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to get the copy of the by laws through RTI application and then you will come to know exact things. However, it is also suggested that charging additional maintenance amount is also not fair.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Owner have to pay the maintenance, not the tenant. It is among you and owner not among you and society 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The landlord is supposed to pay the non-occupancy charges, if the society is charging you the same, then write and send a official letter to them stating that by law you are not obligated to pay. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

- The by laws of the society will be applied with the members only , and not tenant , 

- Since the agreement is for the payment of maintenance , then you will have to pay the same , but not any extra amount can be charged from you legally. 

- You should inform the owner for the said payment of additional charge.

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

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