• Society maintenance

We are having shops in Society located in Kalyan. All 6 shops are around 40feet far from main buildings and there is no flats above the shops,but part of society , there is no facility of water, washrooms, streetlight , security, lift and all common facilities for which maintenance is applicable . Then also they are asking maintenance as per flats , weather we are eligible to pay the maintenance fully as per law ? Can we be separate from society and form a new society of 6 members to avoid daily quarrels?
Asked 9 days ago in Consumer Law

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16 Answers

Six shopowners cannot form a separate Society as the number of members is below required under Societies Act. By you are not liable to pay same maintenance as flat owners as you are not provided with all amenities provided to flat owners. Make a complaint to Deputy Registrar of scarcities. He will restrain office bearers from collecting unauthorized maintenance from you.

Ravi Shinde
Advocate, Hyderabad
2684 Answers
42 Consultations

5.0 on 5.0

No permission is required for renting out shops, but sale process has to done through society. 

Ravi Shinde
Advocate, Hyderabad
2684 Answers
42 Consultations

5.0 on 5.0

Shops form part of society 

 

2) you are liable to pay maintenance as is applicable to other flat owners 

 

3) you cannot refuse to pay maintenance 

 

4) however you are entitled to supply of water ,security facilities etc 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

You need society’s permission to sell shops or give it on rent 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Terrace above shops  form part of common areas 

 

2) maintenance is equal irrespective of size of flat or shops 

 

3)you can  make application to registrar for formation of separate society .consent of other flat owners has to be enclosed

 

3) section 17 of MCSAct 

Section 17 - Amalgamation, transfer, division or conversion of societies

(1) A society may, with the previous approval of the Registrar, by resolution passed by two-thirds majority of the members present and voting at a special general meeting held for the purpose, decide--

(a) to amalgamate with another society;
(b) be transfer its assets and liabilities, in whole or in part, to any other society;
(c) to divide itself into two or more societies; or
(d) to convert itself into another class of society:

 

no order on the resolution shall be passed by the Registrar, unless he is satisfied that--

(i) the society, after passing such resolution, has given notice thereof in such manner as may be prescribed to all its members, creditors and other persons, whose interests are likely to be affected (hereinafter in this section referred to as "other interested persons"), giving them the option, to be exercised within one month from the date of such notice, of becoming members of any of the new societies, or continuing their membership in the amalgamated or converted society, or demanding payment of their share or interest or dues, as the case may be,
(ii) all the members and creditors and other interested persons, have assented to the decision, or deemed to have assented thereto by virtue of any member or creditor or any other interested person failing to exercise his option within the period specified in clause (i) aforesaid, and
(iii) all claims of members and creditors and other interested persons, who exercise the opinion within the period specified, have been met in full or otherwise satisfied.

 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

You are liable to pay maintenance only proportionate to the amenities your are provided, not more than that. 

Ravi Shinde
Advocate, Hyderabad
2684 Answers
42 Consultations

5.0 on 5.0

If your shops are not being maintained by the flat owners association, you and the other shop owners can refuse to pay the maintenance charges since none of the amenities are provided to you for which the maintenance charges are applicable.

You can very well come out of the membership of the flat owners association if they still insist on payment of the charges for which you are not due or that you have not utilised the services of the association . 

Maintenance charges primarily includes charges towards upkeep and maintenance of common areas and facilities, security services including CCTV, etc. Common facilities include elevators, club house and generators.

In most commercial property cases, the maintenance charges are based on actual expenditure plus a certain percentage over the same,”

 

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

There is a list of the charges towards maintenance which is given below, but the entire charges are not applicable for the commercial establishments:

the Cooperative Housing Societies Act lists out the following charges:

  • Property taxes
  • Water charges
  • Common electricity charges
  • Contribution to the repair and maintenance fund
  • Expenses on repair and maintenance of the lift of the society, including charges for running the lift
  • Contribution to the sinking fund
  • Service charges
  • Car parking charges
  • Non-occupancy charges
  • Insurance charges
  • Leases rent
  • Non-agriculture tax
  • Education and training fund
  • Election fund
  • Any other charges

It may also include salaries of office staff, liftmen, watchmen, etc., society office property tax, electricity, water charges, printing, stationery and postage, travelling allowance of staff of members, subscription to education fund and other charges,

 

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

If all the shop keepers decide to withdraw from the existing society and form your own society, you can very well go ahead, the existing society cannot insist you to continue with it alone, however certain common areas that belong to the existing society have to be transferred to your newly formed society subsequent to formation of the same. 

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

At the time of transferring the property by sale deed, it is mandatory that you have to handover all'the original documents to the buyer.

As far as the stamp duty and registration charges, you may either refer to the ready reckoner or clarify the same from local SRO..

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

The transfer charges can be clarified either from local SRO or you may note it down from the ready reckoner yourself.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

The transfer fee is generally Rs. 25000, but it depends, some societies charge more than that as per their bylaws.

Once you hand over all the documents to the buyer at time of registered sale deed, it becomes his duty to comply with the requirements for transferring the membership to his name.

Society would require the photocopy of the registered title deed on his name besides other relevant documents.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Maximum transfer charges is Rs 25000 in Maharashtra 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Maximum transfer charges is Rs 25000 in Maharashtra 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

You have to submit copy of registered sale deed to society for transfer of shop 


Mere index 2 is not sufficient 

 

need copy of registered sale deed 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Yes you can object to such arbitrary maintenance. You don't need permission to sell the shop

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

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