Chandrashekhar Dudharkar
We have society in Kalyan, Dist- Thane, Maharshatra.
This month we are taking handover from builder and in process of deciding maintenance charges to be levied as per by law. I have following doubt, request to clarify.
1) I have model by law book 2014 where non occupancy charges are not mentioned but recommeded to take according to by law 43(b)(iii).
Please clarify what will be the charges and where I can find latest by law copy.
2) While charging maintenance where will be following charges accounted under which head.
AMC of CCTV, AMC Invertor, AMC Lift AMC Fire fighting system, Electricity for lift and common area, Water charge>>>Whether it will come under Service charges. or All AMC will come under repair and maintenane fund which is normally caclulated 0.75% of construction cost.
What about above equipment purchase- will it come under repair and maitenance fund ?
I C Naik
Chandrashekhar Dudharkar is one of a very small number of members who starts thinking well ahead of taking over the CHS management from the builder and is seeking an advice from right source. Congratulations!!!
You have a very hard work to do. Your society should be one of the few registered post 97th Constitutional Amendment which will be run in accordance with the model Bye-Laws 2014. You have laid your hands on the right book. For a few months this is going to be a ‘Bhagvad Geeta’ of your CHS. So you can appreciate the timing.
I am an extreme critique of this Model proof of which you can find out on in my more than 8 posts on www.indiancooperative.com one link is as under for your easy reference of the very first post appeared on January 27,2015
https://www.indiancooperative.com/nchf-2/maharashtra-understanding-new-model-bye-laws-part-1/
https://www.indiancooperative.com/cooperative-coffee-shop/half-backed-model-bye-laws-in-maharashtra/
Read all parts very carefully.
Also read very carefully the housing Manual on the following link.
https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Housing%20Manual%202012%20English.pdf
Also read very carefully the Bye-Law No 85-93 most critical being the Bye-Law No 90 as regards taking charge. ALSO read my Post
“Supreme Court, bye laws and state of Maharashtra- Posted in Cooperative Coffee Shop on May 30, 2014”
There does not exist (iii) in Bye-Law No 43(b) of model 2013. I suggest, in the very first general body meeting which will be held under Bye-Law No 85 to transact businesses as per Bye-Law No 88 request the builder to add the following business.
“To fix rates of NOC in accordance with the government circular no Government of Maharashtra Co-operation and Textiles Department. Govt.Order No.SAGRUYO-1094/15165/ case No. 317/14-C /Mantralaya Extension, Mumbai- 32 dated 1st August 2001- with in the ceiling of 10% of maintenance excluding taxes. ”
Do not make mistake to look at building repair fund liberally. It should be strictly for the repairs of structure wiring, pipeline, fence, leakages flooring etc
Costs like “AMC of CCTV, AMC Invertor, AMC Lift AMC Fire fighting system,’ are to be recovered as part of Maintenance charges.
Equipment purchases are not chargeable but Depreciation is to be provided and recovered as part of Maintenance charges
Electricity for lift in recoverable along with its repairs and maintenance as a separate item of society charges. (67(a)(iv). Do not compromise on these matters.
Water charge are chargeable as per Bye-Law No 67(a)(ii).
Most important is make estimates of all these changes and fix a rate of Contribution to “The Amenities and Services Fund.” It ‘s a new fund to be established in addition to the funds as per Bye-Law No 13(a) to (e). this will help CHS draw up member friendly accounts.
Make a small team of 5-10 persons as a TAKE OVER COMMITTEE and meet the builder to plan a smooth take over.
