Society cannot charge higher maintenance from flat owners not staying in the flats 

the resolution passed is illegal and cannot be enforced 

Any of flat owners can challenge said resolution 

you cannot demand higher maintenance from non residents 

you can charge non occupancy charges from the flat owners who have given flats  on rent 

You can charge only from those who have given flat on rent but not those who’s flats are locked 

All  maintenance bills have to be in name of flat owners only 

The quantum of maintenance charge is determined by the area of the flat and not the fact whether someone is residing therein or not.

Therefore, this decision is ex facie illegal and can be redressed before the appropriate forum of law. 

Forum of law is determined by the Act udner which the Association is registered. 

If not  Registered then udner general law of the land. 

The association cannot pass resolutions in contradiction to the prevailing law.

There's neither any bylaw nor any provision in law to charge extra maintenance charges from non occupying owners/members.

Therefore the resolution passed to this effect may be considered as illegal.

The maintenance charges for common areas are collected from the non occupying owners at par with other owners hence the additional charges against the non occupying owners is not justified nor it is legal for whatever reason you may state.

Non occupancy charges against the rented out owners is against the bylaws, the unilateral decision by the association will not be recognised as valid by registrar of cooperative society if any aggrieved owner refers the matter before the competent authority with an application to get the grievances redressed.

It would be wrong and against law to charge the non occupying owners with the additional charges.

Maintenance cost can’t be higher only no occupancy charges can be levied maximum at the rate of 10 percent of Maintenance 

Dear Sir/Madam,

It is suggested that you file the complaint with the registrar of society regarding the unjust acts done by the society. 

The Association can't charge like that. Whether owner is residing in the premises or not it is his discretion. The association can't charge higher maintenance. You can challenge the same in the Court. 

- As per rule, the maintenance charges levied by a housing society are not for the purpose of maintenance of the individual member’s house, but it is for the maintenance, repairs and reconstruction of the common infrastructure of the housing society.

- Further , the society collect the maintenance charges for the society’s premises and many common services, like society’s office, roads, passages, security arrangements, water supply, supply lines, sewer lines, lifts, staircases, telecom lines, etc., which are for the common use of all members of the society.

- Further, the society has to bear these expenses even if some individual members’ houses may be lying vacant.

- Hence, each member is liable to pay the monthly maintenance charges to the society irrespective of whether the member has not living in the house . 

- However, the Society can adopt two rules of the monthly maintenance charges i.e. one compulsory component paid by all members, and the second component on the actual usage basis , like if a member’s house is vacant then he may not have to pay for the monthly water charges to the society , in case water is supplied by the society. 

- Further, the society cannot charge higher maintenance from the members, and the members have right to lodge a complaint before the Registrar. 

Dear Client,

Is it legal to charge higher maintenance cost for owners not staying in flat if it is passed by majority in the AGM and informed to all owners in advance before implementation?

Generally, NO, it is NOT legal to charge higher maintenance for owners not staying in the flat in Karnataka.

While a resolution passed in an AGM by a majority might seem legitimate, it cannot supersede the provisions of the governing Act or Model Bye-laws adopted by the society, if any.

Key points for Karnataka:

No specific provision in Karnataka Societies Registration Act, 1960: The Karnataka Societies Registration Act, 1960, under which your society is registered, is a general Act for the registration of literary, scientific, charitable, and other societies. It does not specifically deal with apartment management, common area maintenance, or the collection of "non-occupancy charges" in the same detailed manner as cooperative housing society acts in some other states (like Maharashtra).

Karnataka Apartment Ownership Act, 1972 (KAOA) In the case of apartment complexes, it is common that the main governing law can be the Karnataka Apartment Ownership Act, 1972 (KAOA). This Act usually provides that the maintenance charges ought to be calculated on proportionate share of the common expenses that applies to each apartment. This is normally associated with the super built-up area or undivided share of land as opposed to the occupancy status.

Judicial View in Karnataka: Courts in Karnataka as well as all over India in general have viewed that all the owners are in equal position in enjoying common facilities and services offered by the society whether he occupies the flat or rents it or locks it. Thus differential charging using occupancy is rather arbitrary, discrimination and lacking any legal foundation.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.