Maintenance charges in co-operative housing societies

Maintenance charges are those expenses which are required to be made every month by the co-operative society or a society. These may be essential services maintenance also. Maintenance of lifts, maintenance of electricity generating plant or in short genset, sweeping of common areas, maintaining a mandatory green area, maintaining fire fighting equipment ready for use in case of need at any time.

Budget is a must for demanding maintenance charges

Before a society send a bill to the flat owners, it must be approved by a properly called annual general meeting of the society or a co-operative society by majority. The general meeting only has the power to fix the amount which shall be demanded by the managing committee every month or quarter or as determined by the general meeting.

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If demand is raised by committee without approval of AGM/SGM

If any demand is raised by the managing committee without approval of AGM/SGM- annual general meeting or special general meeting; it is illegal demand as per the DCS Act and the DCS rules & the bye laws. The member can challenge the same in a Court of law and will not be liable to pay any interest on such illegal demand subject to verdict of the Court.

Society cannot demand beyond the legal provisions

For every demand to be made by the Society, there are legal provisions in the laws. Thus the society can plan through its managing committee only those expenses which are to be incurred and demanded which are legal and not other than legal expenses.

Celebrating Diwali or Id is not common expense

Celebration of religious function is not compulsory for every member and therefore, the committee cannot impose any charges for such functions in the maintenance bills

Co-operative group housing society Delhi

All co-operative housing societies and all co-operative group housing societies and also all co-operative organizations are under the administrative control of Registrar of co-operative societies, New Delhi for the entire societies in the NCT of Delhi i.e. National Capital Territory of Delhi. Any member having any problem against the Society, if not satisfied with the resolution by the Managing committee can approach / Complain to the Registrar of Co-operative societies and then the Registrar of co-operative societies will resolve the dispute or grievance.



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  • Vicky says:

    Is there any rules defining the charge to be paid by member if the commercial property owned is vaccant/unused for 4-5 years. How much maintenance has to be paid in such case, association is demanding full maintenance.

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  • Vinod Kumar Sharma says:

    There are 77 members in my Co-operative Group Society Society and name of all the 77 members were recommended to the registrar along with all the requisite documents to the Registrar, Co-operative Group Housing, Delhi for Draw of lots in the year June 2009 and for onward transmission to D.D.A. for draw of lots.. My name was retained by Registrar, because there was dispute filled by a member for allotment of Three Bed Room Flats instead of two thereby changing the category of flat of that member. Since my name was last in the list and I had opted for three bed room Flat my name was retained by Registrar and I was not allotted any Flat. Only in 2014 the dispute was settled and then my name was cleared by the Society and I was allotted and given the possession and allotment letter only in Oct.2014. Now my Group Housing Society has charged me maintenance from June 2009. Please guide me from which date they should charge me Maintenance Charges and kindly also inform me decided cases by Delhi High Court on charging of maintenance buy the Society from its member who has not been allotted and given possession of the Flat because of no fault of him

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  • mabel says:

    Ours is a Co-op Hsg Soc. We get our maintenance bills quartly. In the bill it has been mentioned that if we do not pay in 60 days from the bill date than penalty will be charged. Is there any rules defining the charge to be paid by members for this As last quarter I made the payment 2 days after the 60 days and I had to pay an interest of Rs.48/-. Please advice.
    Also I want to know if the Municipal taxes in the bill is much more than the other flats in the same building.What do I do.

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  • Ashwani Kumar says:

    Hi ! what is the limit prescribed in DCS act w.r.t penalty chargres ( %age ). As I understand it should not be more than 12% p.a…plz validate

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  • we have 70 flats & 20 row houses, the maintenance charges should be on area or equal to all at pune , Maharashtra

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  • Yogita says:

    The SGM in our society has levied exorbitant welfare Fund to be paid for every eleven months for L & L Agreement by the members who give their flats on rent, failing to which they have ordered the security guards not to open the gates to the tenants . However we members do not wish to pay these undue charges. Ours is a 94 members Society out of which 27 flats are on rent. Kindly answer Is it mandatory for us to pay or can we have an alternative? If yes, how ?

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  • Ranu Joardar says:

    Hello sir. I live in a CGHS flat in East Delhi. These is some problem going on between me and my society committee members. Please tell me if suppose I don’t want to pay maintenance to them is there any ohter option where I can pay the maintenance. And also please do tell me according to legal point If I stop the maintenance for about 6 months then can the society cut off the water supply to my house. The water supply is through the boring well.

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  • Ranu Joardar says:

    Hello sir, our society has given a notice that anyone who is not giving maintenance their water connection will be cut and the disconnection and re connection cost will be taken from that house. Since you said this is illegal can you please tell me whether I can take any legal action against them? Also please if possible tell me the address of CGHS where I can pay my maintenance.

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  • Deep Kamra says:

    We are living in a villa scheme promoted by a builder in Jaipur, the developer has registered a fake society naming his employees as members, he now wants us to pay exorbitant maintenance charges and does not want to be accountable for the expenses. Recently he locked the club house saying that since we are not paying maintenece we can’t use the club (we have paid separate for the club facility). The colony does not yet have a completion certificate from the local development authority jda. Lot of jobs are still pending like pipe line leaks, balcony cracks plaster cracks wall cracks potable drinking water not available. The water supply is of 1100 tds with high fluoride content which is killing the plants. The builder has not arranged for any clean source of water.
    Can we go to the registrar of societies for complaining against this false society also can we lodge a consumer forum case against the developer?

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  • sunil pawar says:

    we are 15 memebers housing society in mumbai suburban. there is some one room kitchen some one bhk and two bhk. now maintanance calculated as per sft dividing same rate. it is a correct or wrong. because there is diffrent type of flats

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  • Klc Chawla says:

    I am one of the members of Milan Cooperative society in North Delhi. Recently our society has raised the demand of Rs 16000/- against water arrears bill without the approval of GBM and Managing Committee of their own has raised this demand and every resident has to pay the money by April 5,2016 My issues are:
    1. Is it legal to raise such a demand without GBM approval?
    2. There is no bifurcation of the said amount i.e. How have they reached to this magic figure as proper bifurcation is not given.
    3. Can resident refuse to say NO to this amount? if we don’t they say we will cut your water supply. Can Managing Committee do it? Are they empower as per DCS Act of 2003?
    I would appreciate if you update me with latest information available.

    Consumer Activist

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  • Sunil Pansambal says:

    We have society of 28 flats in Pimpri-Chinchwad in which 21flats are 2BHk with car parking and 7 flats without car parking. Society is taking maintenance charges equally 1200 from each flat owner. My question is whether there should be difference between maintenance charge of1BHK and maintenance charge 2BHK ? or Equally charging is correct ??
    Please suggest.

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  • Are maintenance charges levied by RWA subject to service tax?

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  • Awadhesh Prasad says:

    I booked a flat in a builder flat in Faridabad in 2007. All the payment has been made to builder a year back but till date they have not given possession.
    Several representation has been made. Now Builder has send a notice for payment of maintenance charges for 2014-15,2015-16 and 2016-17 amounting Rs. 430,000 with compound interest.
    Is it legal to charge without handing over possession ?

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  • Meet says:

    I have paid 18 months maintenance to the builder. The project is still under construction, however my building is ready. The society is still no registered & OC not received. While taking possession builder has introduced new clause that if I rent the flat the tenant would have to pay 100% maintenance charge in addition to what I have already paid to the builder ie we have to pay double maintenance. Is this legal. Please advice how to take action.

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  • B.Anand says:

    B.Anand says:
    I live in a cooperative group housing society at Dwarka , New Delhi-75. The management committee(MC) of the society has got an RO plant installed in the society premises. It has not taken approval for this work from the general body of the society. NO GBM or SGBM has been called for this purpose. MC has raised bills using following nomenclature in the monthly bills:-
    (a) Augmentation of alter supply of water
    (b) Tube well revival & connection to RO plant
    (c) RO plant rent
    (d) Electricity charges for running the RO plant are combined with the common area charges.
    Those members who have not paid the charges for the above mentioned four items are being charged penal interest @ 14%. on the unpaid amount.
    I have following queries:-
    1. Does the MC has authority to charge from members without approval of General body.?
    2. What is the penal interest rate as as per DCS Act/Rules.?
    3. Can a member refuse to pay the charges/ amount which has not been approved by General body of the society?
    4. Can the MC declare such member as defaulter & disconnect supply of water to his flat?
    I shall be obliged if I can get answer/advise regarding above mentioned questions.

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  • Ajai Singh says:

    How lift charges should be divided in four floor it should be 10% for upper ground then 20% for first floor or it should be equal.?

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  • sam says: the maintainence for the flat is considered in pune as per area or as per rooms ?
    2. how the maintainence of the shopkeepers is calculated

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  • Shafi Ansari says:

    Dear sir,
    I have sublet my flat in mumbai.
    Apart from sublet charge,Society has levied welfare charge (i.e 20% of the rent amount) in my maintenance bill.
    Society is saying that there is a provision for such charge & compelling me to pay the same.
    Please help me whether i should pay the welfare charge.

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  • mahadevan hariharan says:

    Is house maintenance charges are to be collected as per the Square foot of the flats by any law in Tamilnadu. Many societies are including all amenities like Maintenance of Parking Area (Which is same for all flat owners irrespective of their flat area), swimming pool / Gym maintenance charges, water charges & even garbage collection / cleaning on square foot basis, which seems to be absurd as these are incurred more on user basis or equally for all. So can you please inform as to what are the legally required facilities required to be included in the Society charges to be charged by the Society on Square foot basis from the residents and what can be on user based charges.
    Would be thankful for your advise

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  • AKSHAY KUMAR says:

    I am having a flat in Delhi but that flat is unalloted to me by DDA. And the society is imposing maintenance on me from around 25years. And the case regarding maintenance and allotment is due in delhi high court. Can anyone pl.tell me that can society charge all maintenance charges without allotment and possession?

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  • Manish says:

    I have purchased shop on groud floor and no maintainance is done nor sweeping, no cleaning, even the loby light is changed by us, we are not using lift, and premises is kept dirty can I challenge maintanance charges charged to me?

    My other issue is that I do not receive maintainance bill on my name and I have submited all documents like agreement set, transfer certificate, and my electricity bill. Am I entitled to pay bill if bill is not generated on my name and the interest charged on same?

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  • Shashikant says:

    My house owner promised to pay maintenance charges of the society and same is also mentioned in the agreement.But now the owner is asking for the bike/car parking charges which are included in the maintenance bill.Is it fair ? shall i pay parking charges to owner ?
    Are parking charges different from maintenance charges ? Kindly guide.

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  • kiran says:

    if a b c three person buy one flat with equal contribution who can become office bearer

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  • AVINASH says:

    Respected Sir/Madam.
    I am living SRA co Operative hsg society. In our AGM resolution about increase in maintenance charges are put and also pass from Rs.500 to Rs.650 but some people are not agree to pay increase amount of Rs.150 extra so how can convince to society chairman and other executives To decrease in amount.
    Sir please guide how to request to society and the executive to reduce maintenance charges

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    I am a member of working committee of our housing society. we have a few shops in our society.
    my question is what should be the maintenance charges to the shops and other residential flats. presently the shops are being charged at 1.5 times the charges of flats.
    please reply.
    sv chhatre

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  • Suhas Damle says:

    Our society is having 400 members with 100 row house and remaining flats. Can committee demand contribution for changing old lift and installing new from row house members. Can they utilize our funds? Can they make couplusary to pay. Can we demand our part from one time maintenance which was colected by builder and given to society

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  • Rohinton Sorab Kapadia says:

    Dear Sir,
    We rented a house a year back in a gated community in Vizag. On the net they showed us all amenities like swimming pool, intercom, lifts etc. After moving in within a year, the swimming pool is no longer usable, half the time the lifts dont work, there is no water for hours at least 3 to 4 times a year. No intercom. On repeated complaints. The intercom was repaired as we are senior citizens and alone. But other facilities are unattended. Now a committee was formed by the owners and the builder handed over to them with a lot of debts, which now this committee wants to recover from us by doubling the maintenance charges i.e. from 1000 to 2000 or more if the area of the flat is more, depending on individual flat areas. We did plead that ok we will pay, provided you first get us all the amenities as advertised and which lured us to this society. They have raised their hands saying they have no funds. Now is it right to penalize us this way. This is 2016. They had already raised Rs.500/- or as per the flat area maintenance charges in 2014 is this legal. Please advice.

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  • Nitesh Gupta says:

    Dear Sir
    If the CHS can charge interest on late payment by members @2-21% p.a., can the CHS offer cash discounts to members who pay promptly like quarterly, half yearly and annually. Is there a bye-law which one can refer to. Our society members have raised this point. Request you to please advise for the same.

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  • navin pandya says:

    I am from Ahmedabad, living as a tenant in Housing society and paying Rs. 1300. P.M. as a maintenance charge, while owners of the flat is paying 1100.00 using same facilities. is there any law to prevent them ? Please send me legal approval please

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  • suresh says:

    Sir, In our cooperative society, accounts copy not given to me and there is relation of cashier and secretary also so please tell me what steps to be taken and they also charge maintenance double and not give accounts i stop paying from april onwards please help me sir

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  • Kishor gohil says:

    Whether Co-op Hsg Society can raise old books in today’s date?

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  • Raju says:

    What is the provision to get/extract dues from Member in CGHS as per By Laws in NCT of Delhi. The member is not responding to the reminders and his flat is also locked. Can we involve RCS to initiate legal proceedings against him including termination of his membership since flat is Lease hold as on date.

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  • Dharminder Salwan says:

    Sir I have purchased a flat on a collector land in Mumbai a society in 2001 and have been trying to get my membership registered with the collectors office – It has been over 30 days that I have submitted all the relevant documents to the society and since been following up. The secretary is not based in the society and is a government servant and based out of town and comes once a while – the society has been managed very poorly the society chairman does not accept hand delivered letters following up on my application status and also when i send it by registered post he refuses to accept it. I have substantiated all proof with the collector office however there has been no response from their office too (as yet) am following up with them now. An recourse you could advise.

    Another concern is that the society is not issuing monthly maintenance receipts and have suddenly started showing that I have over 40,000 rupees outstanding when I have paid all the money in time. I had raised the concern with the society but they have not responded to my queries and continue to levy penalty charges on the outstanding amount.

    I would like to seek your advise and I am happy to engage a lawyer and pursue this legally – the society office bearers are all government and ex government employees hence their arbit behaviour.

    Please advise.

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  • shashikant thorat says:

    we are having society of 50 flats, 30% flats are on rent,remaining people are on one side ,they make a meeting in a beerbar and make a law, now they raise a notice board on office that
    “pl call to two person for submitting a monthly charges,i said in general meeting that i will not call , you have to open office and attache a time table”
    that why i can not pay monthly charge ,
    pl advice which is right

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  • shashikant thorat says:

    in my society 49 people are in one side and 1 me at another side.
    i was a first elected leader of society .
    i always going by society law so other peoples are opposing to me.
    now by suggestion of local Gunda people and Political people involvement,if i raise any complaint to society meeting or Nibandhak, all other are taking advice of outside political man and raising police complaint against me that i am moving naked in society , society is having a cctv camera.
    so what to do ?
    other people are taking meeting at beerbar.?

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  • sushil says:


    we hv n intercom in our society. My intercom was not working, so i put a complaint to society. As per complaint the intercom AMC person came n checked. He found that our handset and intercom line outside of my home is not working. He repaired the wire which was outside our home and asked to take the handset new of our own. Now the society authority is asking us to give the expense of the exchange of external wire and to take a new handset of our own.

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  • sushil says:

    Is it correct as per the rule pls guide?

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  • P K JAIN says:

    In a CGHS if in GBM, the MC proposed some increase in annual maintenance charges on l/s basis and if members present demand voting for maintenance on sq. ft. basis, then should resolution would have been passed by voting ?. In this case President stood up and announced that whatever MC has decided will be applicable and is approved. Is President right doing so ? Pl suggest action that members can take against the MC.

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  • Karan says:

    Is there any time limit to file objection/arbitration against the defective minutes of the GBM ?

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  • Manish Jain says:

    Can any charges/fund be levied on members of CGHS in a GBM if these were neither proposed in the notice of GBM nor there was any item in agenda as “any other item with the permission of the chair” ? Pl advise

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  • S.C. SETHI says:


    Our Society namely Sangam Apartments has 110 flats (including original allottees/purchasers/tenents) and it has been observed that some members are defaulters one or the other ground as per their convenience. Several requests to them have not yielded any result. Please advice as to how to bring the defaulters in the mainstream of the society so that the development of the society may not get delayed on that account.

    S.C. Sethi
    Hony. Secretary

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  • PRAMOD K JAIN says:

    Can MC of CGHS in Delhi levy Building Fund in GBM if there is no agenda as such for the same in the notice of GBM ? and if not, can the RCS, Delhi give stay against same ?

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  • i am in bangalore. i purchased a apartment from builder. now society is being formed. The MC is asking maintanance charges for GYM, Swimming Pool, Snooker etc which we do not use. Can society compel me or drag me court if if refuse to pay charges for these amenities such as electricity, house keeping, diesel for generator, etc. Thnks for your early reply. faithfully a.v.viswanathan

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  • pramod Gajanan Karmarkar says:

    Can Housing society charge interest on outstanding sinking fund amount ? please give the clarification

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  • narender jha says:

    Dear Sir,
    I am a secretary in the one of the Society at East Delhi. Three members have not paid the maintenance charges.
    Defaulter No 1. He has rent out the flat as per agreement the tenant is supposed to pay the maintenance charges. but he is not making payment. when ever we approach for the dues, he says the payment will be made by the flat owner. Rent agreement has not been renewed for three years. There is a court case between tenant and the flat owner for vacation of the flat.
    Defaulter No 2. The flat is lying vacant and where about of the members is not known.
    Defaulter No 3. He has purchased the flat on power of attorney. Sometimes he was regularly paying the maintenance charges but for the past three years he is not making the payment.

    MC has proposed that the water connection and the Gen set connection can be disconnect.
    The electricity connection is of the flat owner. Can MC also write to the BSES to disconnect the Electricity.

    KIndly Advise can we do the above action against the member/ tenant.

    Thanks and regards

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  • Rajendra Deshpande says:

    Very useful and valuable ingformation

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  • Shane says:

    What is the difference between a housing society and a housing maintenance society

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  • Vikram jacob says:

    Sir I’m vikram from pune the issue is i do not receive soc bills for my apartment soc puts it on soc adda website,sir due to certain reasons I can’t excess it as I’m not computer literate and I was also not provided the password etc is it legal for soc to put the bill on website and not give a hard copy of bill can I do anything about

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  • The Managing Committee of Housing Societies are tasked with the function of ensuring that the all Society funds are used in the interest of the members and the Property itself. No undue amounts can be recovered from Members in the name of maintenance charges. Any extraordinary charge other than the ones covered in the Bye laws can only be approved by the general Body meeting with 2/3rd majority of members.

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  • Bharat Joshi says:

    My Eletronic meter in the common area got shot as it was not properly maintained by the society

    Now my society is asking me to pay the amount incurred in repairing the same

    Please let me know whether society should bear the charges or the individual member

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  • CMA CS Dr R soundararajan says:

    In Karnataka , our society is managed by elected members. We have 2 BHK and 3 BHK. The expenses incurred are classified under different heads such as facility[ garbage collection, gardening, Pest control in common area, Security, etc], Utility exp [ Electricity for common area, fuel for generator back up, water tanker etc], AMC for lift, DG set, Office Expenditure, Staff welfare etc They can not be related to Square foot or area of Flat.
    inspite of all this and against the court decision of Bombay high court the society charges on Sqft as the builder was charging before handing over. Is it not illegal, unfair and unethical? Can we go by majority?

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  • Mahesh Zope says:

    Sir our society have decided to collect the maintenance charges quarterly in AGM but have also said if they find quarterly collection is difficult to manage then they will start collecting half yearly maintenance charges. For many members collection of the half yearly MMC is not convenient and want the society to collect either monthly or quarterly. Also many members says that the MMC charges are very high as compare to other society in the same area. I would like to know is there any legal way to support those members who cant pay half yearly MMC. Can the members give a notice that they will only pay MMC monthly and not quarterly or half yearly. Would appreciate your response.

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  • Shantanu Singh says:

    In co-operative housing society Delhi the maintenance charge would be taken according to flat or area wise and why?

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  • Puneet Thirani says:

    Dear sir,
    Our society consists of shops and residential apartments. The fund collected from shop owners is transferred to general fund of the society. This fund is used to pay for security and cleaning of the society of the residential apartments.
    Are we as shop owners required to pay for facility which we do not use as electricity bills for common residential area and lifts?
    I am based in Mumbai
    Please advise

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  • K.M.SHAH says:


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  • Dilbag Singh says:

    Dear Sir,
    I am a Flat owner of AWHO Gurgaon. my Falt area is 1109 sq feet and pay maintance Rs 4000 per month and other big falt area 3600 sq feet of owner also pay Rs 4000. our society have 2 BHK 1107 & 1296 Sq feet, 3 Bhk are 1773 Sq feet, 4 BHK are 2020 Sq ft and Pent Houses 3300 & 3600 sq ft. but maintaince bill all size same rate.
    Please advice me. Ex Hav Dilbag Singh

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  • Kasturi Rath says:

    Hi ,

    Recently I purchased a flat from Lodha Builder, Mumbai (Thane ). The society is already registered three years back. But I purchase the flat directly from builder.

    Now society is asking to clear the three years old out standing amount to issue the NOC< builder is playing around foul game. It was initially informed me that builder will pay all old outstanding amount pertaining to society.
    Society saying they will not allow me to enter the premises unless they issue a NOC against the property.
    As per builder the property is belongs to them and they are not liable to pay any maintenance charge as the property is not yet registered.

    Now the property is registered on my name.
    Please confirm Who is liable to pay the out standing amount,
    Whether the amount is logical and can society charge same against the property when the property is not sold and registered.

    Please provide your expert guidance urgently.

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  • Shalini says:

    Dear Sir,
    I live is a housing society in Bangalore registered under KSRA as a housing association. The housing association has issued the demand for AMC without holding an AGM/ Special GM(SGM)/ Emergency GM(EGM). When asked the Managing Committee has responded with “An EGM or AGM decides the AMC applicable for the year and until another AGM or EGM revises it, the previously decided AMC remains valid” and are using this justification to carry over and use previous year’s AMC to this year. They are also threatening to levy a penalty on anyone who does not pay up the AMC within 25 days of the demand. Is the associations’s demand for AMC payment without an AGM, without presenting the accounts for previous year and without presenting a budget for this year valid and legal? I appreciate your response.

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  • Satish S Nanal says:

    Dear Sir,
    My mother is a member of Cooperative Housing Society in Pune ( Maharashtra). The society came into existence in 1968 or 1970.My mother has been paying to the society the maintenance charges since its inception.But the Secretary had sent letters to us about charges not paid by us.We have made lot of correspondence with the Secretary challenging the correctness of dues ( through Registered Post / Hand deliveries. The Society’s Audit was not done for last 20-22 years and election also not taken. Recently, last year the Registrar of Coop,Societies, Pune asked the Secretary to carry out audits for 20 years. Surprisingly one Auditor from empanelled auditors list carried out audit for 20 years and has submitted report. My question is
    1 Can one Auditor carry Audit for 20 -22 years ( such a long period) ?
    2 He has not taken any reference of various letters written by me about amounts paid by me. ( The auditor has reproduced all the records prepared by Secretary / Chairman of Society and has not bothered to go into details of it.
    3) Can Society charge interest @18%
    ( compounded cumulatively)
    4) Can Managing Commitee members increase maint.charges from Rs.200 /- to Rs.1000 /- without permission of General Body?
    5 ) Can we challenge Auditor’s Report? If yes , what is the procedure?
    Kindly throw light on above queries as the amouns demanded are in Lakhs of Rupees.

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  • Jayesh Nishane says:

    I am living in Housing Society. We have 3BHK and 2BHK flats in society. Maintenance should be on sq ft basis. But the Committee is saying for all common amenities, charges should be same for all flat holders whether it is 2BHK or 3BHK. Is this correct? If it is correct, how can housekeeping and electicity carges be same for 2bhk and 3bhk.

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  • DEEPAK says:

    if society not registered FROM THE BUILDER BUT they form proposed society

    IN AGM THEY ARE DEMANDING MAINTAINCE EQUALLY 1BHK area 600 / 2 BHK area 1100 3 BHK area 1200sqft

    pls help me.

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  • Amit Choudhary says:

    I stay at Gujarat in a complex/apartment consists of 3 towers. 2 towers consists of 3650 sqft per flat comprising 20 flats per tower and 3rd tower has 2400 sq ft per flat comprising 18 flats. Their’s difference of opinion to pay maintenance charges. 2400 sqft flat owners wants to pay on sqft basis whereas 3650 sqft owners wants maintenance to be paid equally among all flat owners.
    This’s new building made & association/society is yet not formed. Differences are increasing to litigation among flat holders. is there any guidelines or Law to follow about fixation of maintenance charges in residential building? Please guide

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  • pankaj shah says:

    i am a member of tenaments is on road side so i also doing commercial activity as other such member.society is collecting commercial tax which is higer then regular monthly maintainance and society does not give any facilities like cleaning watering etc i am also paying yearly commercial city tax i am not getting that much income to pay such taxes what shall i do?

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    There is a cooperative society; where there a towers with high rise apartments (12 floors per tower) with lifts; and then there are 500 units of three floors with no lift.

    As expenses for high rise are much more due to lifts; and they have 1000 units. How to work out maintenance charges between high rise units and low rise? How to rationalise it?

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  • Ashok says:

    I own a flat in a society at Indrapuram. I took the posession of the flat from the builder in 2012. I was never asked to pay any maintenance charges till now. Last month , suddenly I received a letter demanding an amount of around 2.5 lacs towards maintenance charges and common paint charges of the society. Am I liable to pay this amount while I never received any bill or communication from the society regarding this in last five years. Can I claim for any discount? Please guide.

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  • Shrikant says:

    Is there any obligation to pay society monthly maintenance charges in cash only? As i wish to pay the charges by cheque however secretary insisted me to pay monthly charges by cash or pay by cheque for 3 months in advance. Can you please share any legal reference so that I can pay monthly maintenance by cheque mode.

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  • Abhay Joshi says:

    Can Co-op Society demand extra (50%) maintenance charges from a member, who have given his flat on rent ?

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  • Sathe Bhaskar says:

    Sir I remember there was a decision by Supreme court in case the flat is rent out It has come in newspaper also. Honourable court had guided how much the society should charge in case a flat is given on rent. According to me it was 10% of monthly maintenance charges as against double charges can you through some light on this issue and Where I will get the hard copy of decision

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  • Dipak Chakraborty says:

    I owned a flat at kolkata 700003 covering area only 523 sqft superbuilt. Carpet is 494 sqft. This is a small complex. Only a four storied. Totla 13 member. Now the mejority is asking for equal share for lift, building maintanance such as painting, repairing etc and my suggestion was proportionate as per area. What should be the right. Please reply

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  • Atul Patole says:


    We are a society of 10 Bungalows and 14 apartments in a Building. The Bungalows have additional Garden and Parking spaces allotted by Builder and have been enclosed by them with Boundary wall and Gates within the society premises. Now the Society wants to charge the Bungalow owners for the open Garden and Parking space. Can the Society levy maintenance charge if they have the area mentioned in the agreement?

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  • vijay monga says:

    dear sir i am a resident of housing society in kaushambi .i am fall to pay society maintenes for last 3 month ,socitey cut my power backup .society have write to cut my backup.ple guide me.

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  • Pritish Jacob says:

    In Delhi is is legal to charge tenant a higher maintenance fee than that for the owner ?

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  • Rajesh Varma says:

    Dear sir., I am regular payer of maintainance but still not getting the facilities like there is always water supply problem. I have been complaining on this regularly for 2 months still not getting any solution what to be done. When ever we speak the committee members say we lack in funds. What can we do

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  • Anoop kumar says:

    Can the society impose interest on the emergency repair fund 10k which the society is in the process of collecting other than sinking fund. Society has 42 flats and 11 shops irrespective of area of the flats the amount is fixed..

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  • Ilyas hungund says:

    My uncle was member of housing society, holding one flat, after his death there was dispute among the family for legal hire and matter remain unsolved in court for almost 10 years and during that period the flat remained locked unused, can housing society levy full maintenance charges on such unused flat due to family dispute and levy interest on it.

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  • Arjun Basu says:

    I have a appartment on the ground floor of a 8 member co-op society which i’ve put on rent.The Management comitee is now asking me to pay double the maintenance charge because i have a tenant.Can they do that legally?

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  • anmol k s says:

    Can a CGHS who has expired its term a year back conduct GBM of the society to decide further course of its elections in the society? I do not think it has power to call any kind of meeting. It has to request RCS to appoint administrator in the society for elections. I seek your legal advice if u can. Please do me favor. Thank u,

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  • Indraneel says:

    Can any newly formed provisional housing society committee increase maintenance without AGM / SGM and impose it on all residents?

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  • Our society members using maintenance money for celebrations is this right?

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  • Tel says:

    How much % can maintenance can be raised and under what section of DC’s act

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  • Ratnadeep Belgundi says:

    Dear Sir,

    Monthly maintenance charges if paid on yearly basis, can CHS provide any discount. Like if any member willing to pay charges in single premium in that case one month contribution will be give discount & he/she has to pay 11 months charges.

    Pl confirm is it possible.

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  • Zhonbedkar ry says:

    My Cha have first floor commercial..there is a hospital.2nd to 7floor has its own water pump,meter box,pump operator,water line,drainage,sweeper,lights on corridor,stair case etc.all seperate.can soc.charge full maintenance charges or only sinking fund/repair fund etc.
    Pls suggest.thanks.

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  • -Dinesh Kumar Singh says:

    The responsibility of maintenance of switches and wires supplying power to individual flats lies with the society or the flat owners ?
    Please give your legal views as the society is asking me to replace the faulty MCB located in the meter room at my own cost.

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  • Bala says:

    One Coop Housing Society in Delhi has sent demand notice for maintenance + FESTIVAL FUND. It stated that Diwali, Holi, Ind. and Republic Days are celebrated and for festival days, Breakfast, Lunch and Dinner are arranged and each Flat should pay Festival fund. While only about 35 to40% of families are enjoying the food items, others are not attending for reasons like Muslims, Christians, Tenants, Old age and not taking outside food, etc. Is the Managing Committee justified in demanding money compulsorily for festival fund? Whether Byelaws permit it? Is not rights of members affected by such compulsory demand? What is the court’s orders on these questions?

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  • SAVYA says:

    Sir, pl advise can MC fix charges for water supply without approval of GBM saying they will now take more water supply from the main line.

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  • Z B Mehta says:

    I am a member of a co operative housing society in Gujarat. The Managing Committee has called for an AGM, wherein they have proposed to increase the Repair & Maintenance charges (these have been more or less static over the last 5 years, at Rs.0.30 per square foot) to over Rs. 6.00 per square foot, which is an almost 2000% increase. Can such a huge increase be justified, by pushing through a vote in an AGM?

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  • Yogesh Kumar says:

    Hi, Sir
    I am a member of Cooperative Group housing society in Delhi. The MC revised maintenance charges in Dec 2011. We were fighting for illegal demand , because revision of maintenance charges was not a part of agenda item of the said AGM but they have mentioned in the minutes of the meeting that maintenance charges has been revised w.e.f.1/1/12. In this regard we have written several letters and representation to MC and RCS but no action has been taken till date. Now only very few members are left in this fight because RCS is also asking us to make the payment and close issue. Please suggest us accordingly.

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  • Sinha says:

    Location Bangalore. Rwa demanding maintenance from retrospective period, when builder was doing maintenance and collected advance payment.
    This approach mainly due to member owner exposed Management committee misuse of fund.
    How to deal the unjustified retrospective maintenance demand of RWA.

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  • Mine is a cooperative housing society having six blocks.The lifts in all the blocks are working well.Before two years in the AGM it was decided by a few committee members that in future if new lifts might be installed,to make up the expenses,every member hasto pay Rs.6000 as lift anamat fund for six years in advance.Now I want to know whether the society has such powers to collect any such reserve funds from the members in advance compulsorily.please reply me

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  • Mrs. Nalawade says:

    Dear Sir,

    Myself Mrs. Nalawade. I am staying in Pune and residing in Co-operative society.
    Every year we paid Rs 18000 maintaince. And in our society only solar system and 1000 sq garden are their for kids no other ammunity are available. Now our society mainaging committe decide to install CCTV and install Board of society name. They are compulsory to contribute regular maintaince
    + CCTV and LED borad of society separatly.
    And they are taking this decision on regular committe meeting not in AGM.

    Is they have any right to force to contribute flat owner?

    How can i answer them

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  • VIJAY KUMAR says:


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  • Dhiren Shah says:

    In co operative housing society having differant plot area and construction, charging maintenance Rs. 2200/= 3200/= 4200/= since six seven years. Now want to charge equal maintenance charges. its possible in law of society?

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  • Ramesh says:

    Children play cricjet ir foitball on d road of a group housing thus creating nuisanc3 and damages to the cars parked. In spite of various requests made to their parents, parents did not pay any heed to this, instead saying do whatever u want and the children will play here only. Management committee is also seems to b failure in this matter despite

    COMPLAINTs to MC. Please advise remedy or any complaint may b lodged with d police in this regard.

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    Thank you for having this thread,
    1) our society in ggn has equalised the maintenance charges of penthouse and normak flats? How to fight this? We have complained to ARs office but in vain.
    2) The MC has been charging the same maintenance from occupants and vacant flat owners?
    3) The society has received income tax notice on account of cash deposits on behalf of some members by builder , the IT demand and penalty for the same is being passed to all
    4) HUDA has given refund of principal and interest of 3rd enhancement but society has held back the interest which was paid by few members on pretexts

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  • Advocateji says:

    Dear Sadhana Monga, Your all the above problems are advised to be referred to any experienced or our Lawyer for proper adjudication through a court. Else there may not be proper solution because the Builder has to bear the penalty of income tax for mistakes committed by him.

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  • piyush purohit says:

    Can you please answer me on society’s yearly maintenance charges.
    Can they apply charges double for tenant occupying flat/property and do not get any extra facility. is this acceptable or legal ?
    So owner occupy pay Rs 35000
    Tenant occupy pay Rs 70000
    And services and facility is same.
    Is this some thing common or can we challenge this kind of services.
    Property is in Ahmedabad, Gujarat
    Please reply.
    Thank you.

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  • Advocateji says:

    Dear Piyush Purohit, You are advised to get in touch with any experienced or our legal expert, along with all related documents for proper legal advice and solution to your problem.

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  • Santu RC says:

    I am a resident of a housing society.The Society is registered housing society.The society comprises different types of flats i.e. 2BHK,3 BHK,4 BHK etc. with different carpet area.
    For last 12 years we have been common & fixed maintenance charge of Rs.1700/- p.m.Now, as per General Body meeting a resolution was adopted to impose maintenance Charge on Sq.ft basis and thus maintence charge shall differ between 1BK TO 4 BHK.tHE RESOLUTION WAS ADOPTED by voice vote only at General Body meeting.Total 50% of the members present and out of 50% also 20% opposed the proposal.Common maintenance is provided to all irrespective of Size.
    Now,question is how to stop implementing the proposed charge to keep the integrity of the society.Plz.advise.

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  • Advocateji says:

    Dear Santu RC, proper advice is not possible in the absence of perusal of any document of the society. It is advised that, you show all the relevant documents to any or our advocate to take complete and comprehensive legal advice to get you complete justice.

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    In our society there are members staying in society without proper documents such as not having ownership,Using House and Car parking as commercial what will be the penallty

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  • Raju Bsiht says:

    Dear Sir,

    Is society obliged to give demand notice for maintenance charges, and if such notices are not sent to me on time and payment of maint. charges got delay due to that, can society charge me delay payment interest.

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  • Advocateji says:

    Dear Raju Bsiht,
    Notices must be served 15 days before due date. You can fight it out through any or our Advocate.

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  • R.shirishmm says:

    As per model by laws in mumbai co operative society,who has bear expenses for installion of lift and its maintenance

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  • Advocateji says:

    Dear R Shirishmm, The members of the co-operative society have to bear the expenses of purchase, installation and maintenance of all lifts.

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