Mihir Vijay Mistry
I am stating at my maternal uncles Flat (Mama) in Mumbai since last 9 year for education purpose. From 2005 to 2009 my grandmother (Nani) was there with me. After her death of my Grandmother, My uncle allowed me to stay on.
In 2014 society committee decided to collect non-occupancy charges, adhoc charges, and additional parking charges. They also say that my stay at my uncles place is illegal and I have to make an agreement.
My uncle is not collecting any rent from me and he is paying all the dues like maintenance bill , electricity bill in advance. He owns this flat since last 30 years
Is the society’s stand is correct?
I C Naik
As per State Government Order dated 1st August 2001
Non-Occupancy charges shall not exceed 10% of service charges. (excluding Municipal Corporation / Municipal Taxes).
AND In case members have given their tenements/flats to their close relatives viz. mother, father, sister, brother, son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, sadu (husband of wife’s sister), granddaughter, grandson etc. and to other relatives recognized by the society, in such cases, non-occupancy charges shall not be recovered.
If your MAMA (Maternal Uncle) were to issue a simple letter (No agreement necessary) to your Mom allowing her and her family to occupy the flat NOC is waived as per above circular.
Parking Charges as fixed in the General Meeting of members are payable by concerned member.
Ad hoc charges must be supported by the bye laws.