The society is from Mumbai Maharashtra. Number BOm/w (e) / HSG (TC) 8073/1998-99
I am a leave and license holder in a society name Sagar Classsic at Byculla.
I am here for around 4 years. 2 years back the society passed a resolution in AGM, that leave and license holders have to pay 10,000 per month parking charges. While the normal members will pay Rs. 500
There is ample of parking here. Every member has around 2-4 cars. They have more space than required. So there is no issue of shortage of space.
This charge has been now reduced to Rs. 8000.
- Can they charge separate rates to members and people on rent? Is it legal?
- Don’t I have all the facilities of the member when I rent his house. They have mentioned 1 parking is allowed with this house. While if owner stays, he will pay Rs.500. While if he rents, it’s 8,000 for leave and license.
- They have also restricted the usage of swimming pool and gym facilities. Which doesn’t have any fees before. Nor now for any members.
Is this also legal?
I C Naik
Leave License agreement is an arrangement between two parties namely the Flat Owner Nand the Flat occupier. Since the Society is legally the rightful owner of the Society (All The flats + Common Property under joint use of every member of the flats).
The leave license arrangement (LLA) is subject to the prior approval of the Management Committee of the CHS and both the parties to LLA are bound to abide by all the conditions of occupying the flat as also have an access to the Common Property of the CHS in terms of the registered bye-laws of the concerned C H S as also the terms of LLA as documented and registered.
One needs to g through very carefully the registered bye-laws of the concerned C H S as also the terms of LLA before challenging the legality of the charges being recovered by the Society.