Vijaya Bhatwadekar
I have flat in Radha Niwas co-op hsg society, Jogeshwari (East). My society is raising maintenance bill amounting to Rs 10969 every quarter. The items are as follows:
Maintenance Charges Rs. 4266
Sinking Fund Rs. 759
Repair Fund Rs. 708
Municipal Tax Rs. 4336
Non Occupancy Charges Rs. 900
My queries are as follows:
1) How much amount can be charged by Society as Non Occupancy Charges legally?
2) If the flat is occupied by cousin brother of my husband and we are not receiving any monetary consideration for the same. The same fact has been informed to society in writing. Still the society is charging Non Occupancy charges. Kindly clarify if this charging is legal.
I C Naik
Dear Vijaya
Exorbitant NOC was a very contentious issue for several years till it rested with a judgment of the High Court of Bombay in Mont Blanc Co-Operative Housing … vs The State Of Maharashtra (Notice … on 2 March, 2007 MhLj 595). The HC upheld the Govt.Order No.SAGRUYO-1094/15165/ case No. 317/14-C /Mantralaya Extension, Mumbai – 32 dated 1st August 2001. Final word of the Apex Court is still awaited.
The aforesaid order is mandatory as it was made by the State Government under Section 79A which is binding on all housing societies in Maharashtra. Following is the extract from this order as relevant for us.
ORDER
As per the powers conferred upon government under section 79 A of the Maharashtra Co-operative Societies Act 1960, the government is pleased to give following order in the interest of public.
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- Non-Occupancy charges shall not exceed 10% of service charges. (excluding
Municipal Corporation/ Municipal Taxes).
- 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. - The said order shall be applicable to residential and commercial
Tenements / flats in all the Co-operative Housing Societies in the state.
- All the housing Societies in the state shall take action to make proper amendment as above their bye-laws/ sub-rules. However, even if no amendment as above has been made, non occupancy charges should not be charged more than maximum limit mentioned in this order from the date of this order.