• Maintenence charges i apartments -difference between tenent and o

1)Our aparment has made a resolution  differentiating the charges  for owner and tenent with difference  of 40 %..
2) Penalty for delayed payment is also arbitrary. Much more than 3%

  kindly confirm whether it is  legal and any reference caSE IS THERE
Asked 5 months ago in Civil Law from Bangalore, Karnataka
1) you can move court and challenge resolution passed by AGM 

2) in mahrashtra society can only charge 10 per cent non occupancy charges if flat given on rent 

3) maximum interest for delayed payments is 21 per cent

4) in Karnataka the maximum interest and non occupancy charges local lawyer can guide you 
Ajay Sethi
Advocate, Mumbai
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Bye laws generally provide one third members have to attend AGM 

2)if they don't attend meeting adjourned for 30 mins and commence thereafter 
Ajay Sethi
Advocate, Mumbai
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On what basis the different rate has been prescribed? If there is no reasoning given in the resolution in support of the different rate then you may challenge the resolution in the court and seek that it be declared as illegal apart from seeking injunction to restrain the executive body from executing the resolution.
Ashish Davessar
Advocate, Jaipur
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1)Our aparment has made a resolution  differentiating the charges  for owner and tenent with difference  of 40 %..
2) Penalty for delayed payment is also arbitrary. Much more than 3%

  kindly confirm whether it is  legal and any reference caSE IS THERE


The maintenance charge which is to be collected from residents is calculated as the amount which is required for ongoing overall maintenance of the Society plus an amount which is set aside for major repairs which might occur in future. Every Housing Society or Apartment Owners Association at its formative stages has to decide on the structure of Society Charges it will collect.
The decision about levying the maintenance charges at different rates to owners and tenants shall be decided by a resolution passed in the general or special meeting of the association and as per the provisions of the bye laws of the association.charges and the disparity should not be exorbitant and unjustified which can be challenged by the aggrieved in the cooperative court accordingly.  
T Kalaiselvan
Advocate, Vellore
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What is the power a member is having if AGM passes resolution  with minimum quorum

The member has got every right to protest and object the resolution that has been passed affecting his interest or aggrieving him and the other affected people like him.
Subsequently he can initiate legal actions step by step by first issuing a legal notice to withdraw the illegally drawn resolution which affects the interests of the members in general and your own interest in particular.
After that you may approach the registrar of the cooperative societies with an application venting out your grievances against the illegal decisions taken by the society.
If you dont get a proper response or favorable reply you may approach cooperative court with an injunction petition to restrain the society from implementing the illegal decision affecting the interest of the members who have been made to face hardships due to the arrogant attitude of some vested interests in the association which affects the members.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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