Question 1

Must the society give a receipt for every maintenance payment, and can it accept cash?

Accepted Answer

Yes. Give a receipt for every payment, digital or printed, showing the bill period and the heads of charge paid. The member's personal ledger should show it at once. Cash is allowed only within the society's cash-handling limits: petty cash up to ₹5,000, and payments by the society above ₹1,500 by cheque. Bank or UPI payment is simpler to reconcile. Each bill is a written demand of the amount payable (dBL 64(ii)). Payments must be credited in the member's personal ledger. Receipts and vouchers are accounting records kept 10 years (dBL 138(d)(ii)), and the auditor checks receipts against the bank. The 2014 limits are cash in hand up to ₹5,000, banked within 3 days (BL 143), and payments above ₹1,500 by cheque (BL 144). Collecting cash at the gate or through staff invites disputes. If cash is taken, issue a numbered receipt at once and deposit it within the BL 143 window. A member may ask for a copy of their own ledger (BL 170, fee per page; draft: free if sent digitally). Payments are applied to the oldest dues first unless the society's policy says otherwise (society policy).

Question 2

Can the society charge a "shifting fee" or "move-in/move-out charge" when a tenant or buyer moves?

Accepted Answer

Only if the general body has approved it as a charge, and only as a reasonable fee that relates to actual cost or a refundable damage deposit. The society cannot demand it as a condition for letting the flat or for the transfer. The non-occupancy charge and the transfer premium have their own statutory caps and cannot be topped up by another name. The society may levy only the charges its bye-laws list or the general body approves. That list is 2014 BL 64, ending with "any other charges", read with the general body's approval under BL 65(m); in the draft, dBL 61-63. The non-occupancy charge is capped at 10 % of service charges, and the transfer premium at the statutory maximum. A "shifting fee" that works as an extra premium or an extra non-occupancy charge risks being struck down by the Registrar, who hears complaints about excess premium and excess non-occupancy charges (BL 173; dBL 190(A)(v)-(vi)). A defensible policy uses a refundable deposit against damage to lifts and common areas, plus booking of the service lift and time slots. Leave-and-licence needs only intimation, not an NOC (dBL 40).

Question 3

Can you show a worked example of how one flat's monthly maintenance bill is built up head by head?

Accepted Answer

Yes. Each head is worked out on its own basis and then added up. In the synthetic example below a 60 sq m flat in a 40-flat building with a lift pays about ₹7,060 a month before parking. The figures are illustrative; your society's budget and general-body rates decide the real numbers. Synthetic society: 40 flats in one building with a lift, total carpet area 2,400 sq m. Flat A has 60 sq m carpet area and an architect-certified construction cost of ₹12,00,000. - Service charges (staff, security, common electricity, audit, office): budget ₹1,20,000 a month,
  divided equally by 40 flats = ₹3,000 (Rule 106C-12(4) item 1).
- Sinking fund: 0.25 % a year of ₹12,00,000 = ₹3,000 a year = ₹250 a month (item 11(i), the minimum). - Repair and maintenance fund: 0.75 % a year = ₹9,000 a year = ₹750 a month (item 11(ii), the minimum). - Lift: annual maintenance contract and lift electricity ₹4,80,000 a year, equal among the 40 flats
  of the building = ₹1,000 a month (item 4).
- Insurance: premium ₹96,000 a year over 2,400 sq m = ₹40 per sq m, so 60 sq m = ₹2,400 a year =
  ₹200 a month (item 9, carpet area).
- Water: bulk bill ₹30,000 a month over 200 sanctioned inlets = ₹150 per inlet; Flat A has 5 = ₹750 (item 3). - Property tax: as the municipality assesses Flat A, say ₹1,100 a month (item 2). - Education and training fund: ₹10 (item 11(iv)). Total ₹7,060 a month. A parking slot at the general-body rate is added only for a member who has one (item 5). Interest appears only on arrears. Whether GST applies is a separate test in the tax topic; pass-through heads such as property tax and water are treated differently there. Before 22 Jun 2026 the 2014 bye-laws shared insurance, lease rent and N.A. tax by built-up area (BL 66(a)(xi)-(xiii)); from that date the Rules use carpet area.

Question 4

How many days do I get to pay the maintenance bill before it counts as late, and who fixes that period?

Accepted Answer

The general body fixes the "payment period" and the billing cycle; the bill states the due date. Under the draft 2026 bye-laws, if the general body has not fixed a period, members get 15 days from service of the bill. Under the 2014 bye-laws the committee fixed the period. The 2014 bye-laws left it to the committee: the Secretary issues bills by the date the committee fixes, and every member pays "within such period as may be fixed by the Committee" (BL 68). The draft 2026 bye-laws move the decision to the general body. It decides the billing cycle (monthly, quarterly and so on) and the payment period (dBL 64(iii)). The bill must show the due date. If the general body has not fixed a period, the committee must allow 15 days from service of the bill (dBL 64(iv)). The payment period matters for three separate clocks: - interest starts only on the day after the payment period ends (dBL 66); - a member becomes a "defaulter" only when dues remain unpaid three months after service of the
  bill or the due date, whichever is later (dBL 65(a); Form Y-6 para 4);
- committee disqualification runs from a separate written demand notice (BL 116(b); dBL 112(a)). Practical point: put the billing cycle and payment period in an AGM resolution and print them on every bill. That keeps interest and recovery calculations defensible before the Registrar.

Question 5

From which date does interest start on a late bill, the bill date, the due date or the day after the due date?

Accepted Answer

From the day after the payment period ends, under the draft 2026 bye-laws; nothing is charged during the payment period. The 2014 bye-laws said interest runs "from the date the amount was due", which in practice is the same day once the period has expired. Charging interest from the bill date is not supported by either text. The 2014 model bye-law made interest run on outstanding dues "from the date the amount was due as prescribed under Bye-law no. 69, till full and final payment" (BL 70). BL 69 treats a member as in default only if the bill is not paid within the period fixed. So the natural reading is that interest starts once that period is over. The draft 2026 bye-laws say it expressly: interest runs "from the date immediately following the expiry of such payment period", and "no interest shall be charged during the payment period" (dBL 66). Synthetic example: bill for October served on 1 Oct, payment period 15 days, due 15 Oct. A member who pays on 20 Oct owes interest for 16 to 20 Oct, 5 days. At 12 % a year on ₹6,000 that is ₹6,000 × 12 % × 5/365 = ₹9.86, rounded as the society's policy says. A member who pays on 14 Oct owes nothing extra. A software setting that adds interest from 1 Oct is wrong on both texts. The cap from 22 Jun 2026 is 12 % simple a year (Rule 106C-12(4) item 6).

Question 6

How do we calculate interest on arrears that run across 22 June 2026, when the cap fell from 21 % to 12 %?

Accepted Answer

Split the period at 21 Jun / 22 Jun 2026. Up to 21 Jun use the rate your general body had lawfully fixed (not above 21 %); from 22 Jun use at most 12 %. Calculate simple interest on the principal for each slice and add the two. A synthetic ₹60,000 arrear from 1 Apr to 30 Sep 2026 at 18 % then 12 % gives about ₹4,418. Synthetic facts: ₹60,000 of bills fell due on 31 Mar 2026 and remain unpaid on 30 Sep 2026. The general body had fixed 18 % (within the 2014 cap of 21 % in BL 70). The Rules capped interest at 12 % simple from their publication on 22 Jun 2026 (Rule 106C-12(4) item 6). Slice 1, 1 Apr to 21 Jun 2026 = 82 days (30 + 31 + 21): ₹60,000 × 18 % × 82/365 = ₹2,426.30. Slice 2, 22 Jun to 30 Sep 2026 = 101 days (9 + 31 + 31 + 30): ₹60,000 × 12 % × 101/365 = ₹1,992.33. Total interest to 30 Sep ≈ ₹4,418.63. The principal stays ₹60,000; interest is not added to it. Points to note: - Each later monthly bill has its own due date, so run the same method bill by bill. - State the day-count basis (365 days, or 1 % a month) in the general-body resolution and apply it
  to everyone.
- If the general body had fixed 12 % or less already, nothing changes on 22 Jun. - The Rules have no transitional clause; keeping the old rate for the earlier slice is our reading. Keep the resolution fixing the rate: Rule 106C-14(2)(d) requires a certified copy with any recovery application.

Question 7

Instead of interest, our committee adds a flat "late fee" of ₹500 every month a bill is unpaid. Is that allowed?

Accepted Answer

Very doubtful. From 22 Jun 2026 the only charge the Rules allow for late payment is simple interest of up to 12 % a year. A flat monthly fee on a small bill works out to far more than 12 %, so it is interest above the cap under another name and can be challenged. Rule 106C-12(4) item 6 lists "interest on defaulted charges" at the general body's rate "not exceeding simple interest 12% per annum". There is no separate head for a late fee. "Any other charges" under Rule 106C-12(1)(m) may not contradict the Act and Rules, so they cannot be used to get round the interest cap. Test it with numbers. A member's bill is ₹5,000 and is paid one month late. Interest at 12 % a year is about ₹50 (₹5,000 × 12 % ÷ 12). A ₹500 late fee is 10 % for one month, about 120 % a year, ten times the cap. A penalty is a different thing. The 2014 bye-laws allow the general body to fix penalties for breaches of bye-laws, but only after a notice to the member, a show-cause, a hearing and a general-body decision. They are capped at ₹5,000 per member in a financial year (BL 164). That procedure is for breaches; it is not a routine billing add-on. What to do: a member charged such a fee can pay the undisputed bill, object in writing and use the complaint route (BL 171-172). Excess recovery of dues can go to the Co-operative Court under s.91. A committee should stop the fee and credit back amounts collected above the lawful interest.

Question 8

When a member pays only part of the arrears, should the money go first to interest, to the oldest bill, or to the current bill?

Accepted Answer

The Rules and model bye-laws are silent. The general law of contract lets the payer say which debt he is paying; if he says nothing, the creditor may choose; if neither does, payments go to the oldest debts first. The society should adopt one written policy through the general body and show the allocation on the receipt. The Indian Contract Act 1872 deals with appropriation of payments. If the debtor expressly or by clear circumstances points to a particular debt, the payment must be applied to it (s.59). If he does not, the creditor may apply it to any lawful debt that is due (s.60). If neither makes a choice, it is applied to debts in order of time (s.61). Synthetic example: a member owes bills for April to July of ₹5,000 each (₹20,000) and ₹900 of interest. He pays ₹10,000 with a note "for April and May". The society must apply it to those two bills. Interest on them stops from the date of payment; interest continues on June and July. If he gives no instruction, a simple and fair policy is oldest principal first, then interest. That shrinks the base on which interest runs. Applying money first to interest keeps the principal high and is harder to defend if challenged. Whatever the policy, the receipt and the member's personal ledger should show exactly which bills and how much interest were cleared. The ledger is what the Registrar sees in a recovery case (Rule 106C-14(2)(b)).

Question 9

Our bill adds last month's unpaid interest to the arrears and then charges interest on the whole. Is interest on interest allowed?

Accepted Answer

No, not as a routine. The Rules allow only "simple interest", at up to 12 % a year. Simple interest is calculated on the unpaid principal alone. Charging interest on unpaid interest is compounding and goes beyond what the Rules permit. Rule 106C-12(4) item 6 allows interest on defaulted charges "not exceeding simple interest 12% per annum". The 2014 bye-law also spoke of "simple interest" (BL 70), and the draft 2026 bye-laws repeat "simple interest" (dBL 66). None of them provides for compounding. Synthetic example: principal ₹30,000 overdue for a year at 12 %. Simple interest = ₹3,600. If unpaid interest is rolled into the principal every month and interest charged on it, the year's interest becomes about ₹3,805, roughly ₹205 more. The extra is interest on interest. Software often causes this: the "opening balance" of each bill includes last month's interest and the interest routine runs on the whole balance. Keep two columns in the member's ledger, principal arrears and interest arrears, and run interest only on principal. Form Y-6 itself separates "amount of dues pending" from "amount of interest charged" (para 9), and the Registrar's certificate orders simple interest after filing (Form Y-7). A member who has been charged compound interest can ask for a recalculation and a credit, and if refused, complain (BL 171-173) or raise it in any recovery hearing.

Question 10

Can interest be charged on the property-tax, water and fund parts of my arrears, or only on the service charges?

Accepted Answer

On all of it. Interest is allowed on "defaulted charges", and the charges include every head in the bill: property tax, water, lift, the fund contributions and service charges. What cannot carry interest is interest itself. Rule 106C-12(1) lists the contributions collected from members: service charges, property tax, water charges, lift expenses, parking, loan instalments, non-occupancy charges, insurance, lease rent, N.A. tax, contributions to funds and other approved charges. Item (f) of the same list is "interest on defaulted charges", and the apportionment table allows it at up to 12 % simple (Rule 106C-12(4) item 6). Nothing limits interest to service charges. The 2014 bye-laws took the same approach: interest ran on "the outstanding dues to the Society" (BL 70), and "the charges" in BL 64 included property tax, water and the funds. Synthetic example: an overdue ₹7,000 bill made up of ₹3,000 service charges, ₹1,100 property tax, ₹750 water, ₹1,000 fund contributions and ₹1,150 other heads. Interest at 12 % runs on ₹7,000, not on ₹3,000. Two cautions. First, interest must not be charged on unpaid interest (simple interest only). Second, only amounts properly billed and approved count as dues: the draft 2026 bye-laws define dues as amounts demanded by a bill or written notice based on the Act, Rules and bye-laws (dBL 4(xv)). A disputed or wrongly levied item can be challenged, and interest on it falls with it.

Question 11

My flat was let out only from the middle of the month. Is the non-occupancy charge for that month payable in full?

Accepted Answer

The law does not say. The cap is 10 % of the month's service charges; how to treat a part month is for the society's policy. A pro-rata charge for the days the flat was let is the fairer and more defensible approach, and it should be applied the same way to everyone. The non-occupancy charge may not exceed 10 % of service charges (s.79A order of 1 Aug 2001; Rule 106C-12(4) item 8). Neither the Rules nor the model bye-laws deal with a tenancy that starts or ends in the middle of a billing period. Synthetic example: service charges ₹3,000 a month, so the maximum non-occupancy charge is ₹300 a month. A leave-and-licence agreement starts on 16 August. Pro rata for 16 to 31 August (16 of 31 days) gives about ₹155; charging the full ₹300 is the alternative some societies use. Suggested practice: - the general body adopts a written rule (pro rata by days, or whole month from the month after
  the letting starts) and applies it to all;
- the member gives the society the intimation and agreement copy before letting (BL 42), which
  fixes the start date;
- the charge for the letting stops when the member informs the society in writing that the
  licensee has left.
No charge is due while the flat is given to close relatives (s.79A order of 1 Aug 2001). Whether a locked, unlet flat attracts it is contested: the Bombay High Court read the bye-laws as covering a flat kept locked (Mont Blanc CHS, para 14), so it depends on the society's bye-laws and resolution (tenants_leave_licence-004). Anything above 10 % of service charges in any month is recoverable by the member (see the Registrar and s.91 routes).

Question 12

For years the society charged me non-occupancy charges above 10 % of service charges. How can I get the excess back?

Accepted Answer

Ask the committee in writing for a recalculation and refund or credit. If it refuses, the levy of non-occupancy charges beyond the permissible limit is a matter the Registrar deals with, and a money claim for the excess can go to the Co-operative Court under s.91. Keep your bills and receipts; the time you can go back may be limited, so act promptly. The cap has stood since the s.79A order of 1 Aug 2001 and was upheld by the High Court in 2007. The 2026 Rules repeat it as 10 % of service charges (Rule 106C-12(4) item 8). Service charges are the establishment heads in Rule 106C-12(2); property tax, water, sinking fund and the other funds are not part of the base. Synthetic example: service charges ₹2,500 a month; the society billed ₹1,000 a month as non-occupancy charges for 24 months. Lawful maximum ₹250 a month. Excess = ₹750 × 24 = ₹18,000. Steps: 1. Written complaint to the committee with a month-by-month table (BL 171-172). Under the draft
   2026 bye-laws it must be acknowledged within 3 days and decided after the next committee
   meeting (dBL 185-186).
2. If not resolved, approach the Registrar: the draft bye-laws list "levy of non-occupancy charges
   beyond permissible limits" among Registrar matters (dBL 190(A)(v)); the 2014 bye-laws had a
   similar list (BL 173).
3. For a money decree for refund, a dispute under s.91 before the Co-operative Court. Limitation for such a claim is not settled in the texts we hold; get advice before the older months are lost. A committee that finds the error should credit the excess itself; continuing to charge above the cap after it is pointed out invites an audit objection.

Question 13

I combined two adjoining flats into one home. Do I now pay service charges for one unit or two?

Accepted Answer

Usually two, as long as the society's records still show two flats with two share certificates. Service charges are divided "by number of units or flats", and the society counts units as they stand in its register and the approved plans. If the merger is sanctioned and the two units are formally made one, the general body can treat them as one; that is a case-by-case decision. Rule 106C-12(4) item 1 divides service charges "equally ... by number of units or flats". The 2014 bye-law said "flats / units" (BL 66(a)(vi)). The texts do not deal with amalgamated flats. How the unit count is usually read: - Two flats bought separately, two share certificates, two entries in the Register of Members:
  two units, even if the wall between them is removed. Each keeps its own share of the funds
  (based on each flat's construction cost) and its own municipal assessment.
- Two flats merged with the planning authority's sanction, one municipal assessment, and the
  society issuing a single share certificate after a general-body decision: arguably one unit
  from then on. The remaining heads (sinking and repair funds, insurance, major repair fund) still
  follow the combined cost or carpet area, so the saving is mainly on service charges.
Any structural change needs the committee's written permission and, where needed, the planning authority's approval (BL 45). Keep the decision on record so that other members who merge flats are treated the same way; an arbitrary or one-off reduction is open to challenge by other members.

Question 14

I live on the ground floor, and our complex has one wing with a lift and one without. Who pays the lift charges?

Accepted Answer

Every flat in the building that has the lift pays an equal share, including the ground floor, whether or not it uses the lift. Flats in a building or wing without a lift pay nothing towards another building's lift. Rule 106C-12(4) item 4 shares the cost of repairs, maintenance and running of the lift, including installing a new lift, "equally divided by the number of units or flats of the building in which lift is provided". The 2014 bye-law said the same and added "irrespective of the fact whether they use the lift or not" (BL 66(a)(iv)). Synthetic example: Wing A (20 flats, with lift) and Wing B (12 flats, no lift) in one society. Lift AMC, electricity and a minor repair come to ₹2,40,000 for the year. Each Wing A flat pays ₹12,000 a year (₹1,000 a month), ground floor included. Wing B flats pay nothing for the lift. Two separate points: - A new lift for Wing A is also shared by Wing A's flats under the same item, so it is a decision
  the general body should take with Wing A's cost falling on Wing A.
- Common electricity for the society as a whole is a service charge shared equally by all flats
  (Rule 106C-12(2)(k)); only the lift's own electricity should be carved out, which is easiest with
  a separate meter or sub-meter for the lift.
A ground-floor member who is charged less, or a no-lift wing that is billed for the lift, is being billed outside the Rules.

Question 15

We get one bulk water bill for the whole building. How should it be split, and do extra taps a member added count?

Accepted Answer

By the number and size of inlets or taps in each flat. From 22 Jun 2026 the Rules count the inlets "as per the sanctioned building plan", so taps a member added later do not change his share. The 2014 bye-laws counted inlets "provided in each flat". Rule 106C-12(4) item 3 shares water charges "on the basis of total number and size of inlets or taps provided in each flat as per the sanctioned building plan by the competent authority". The 2014 bye-law used the inlets "provided in each flat" without the plan reference (BL 66(a)(ii)). Synthetic example: bulk bill ₹36,000 a month. The sanctioned plan shows 20 two-bedroom flats with 4 inlets each (80) and 10 three-bedroom flats with 6 each (60): 140 inlets. Rate = ₹36,000 ÷ 140 = ₹257.14 per inlet. A two-bedroom flat pays ₹1,028.57; a three-bedroom flat ₹1,542.86. Size: if the plan shows inlets of different diameters, weight them (for example a 25 mm inlet counted as larger than a 15 mm inlet) by a key the general body adopts; the Rules name size but give no formula. Extra taps: under the Rules the share stays on the sanctioned count. An unauthorised extra inlet is a separate issue: alterations need the committee's permission (BL 45), and heavy use can be addressed through a sub-meter policy if the general body approves one. Common-area water (garden, cleaning) is part of the bulk bill; whether it is carved out as a service charge should be stated in the budget resolution and applied consistently.

Question 16

The municipality sends one property-tax bill for the whole building. How is each flat's share worked out, including tax on common areas?

Accepted Answer

Each flat pays the tax the local authority has assessed on it. Tax on the common areas is shared by carpet area from 22 Jun 2026. Where the municipal bill does not split flats, the society should obtain the flat-wise assessment rather than divide the total equally. Rule 106C-12(4) item 2 says property tax is "as fixed by the local authority and for common area on the basis of carpet area of each unit or flat". The 2014 bye-law said only "as fixed by the Local Authority" (BL 66(a)(i)). So there are two parts: - Flat-wise tax: the rateable value or capital value the municipality assigns to each flat. That
  reflects each flat's area, use (residential or commercial) and, in some cities, floor and age.
  A shop in the building will normally carry a higher, commercial assessment.
- Common-area tax: any amount assessed on the common areas, society office or amenities, shared
  by carpet area.
Synthetic example: common-area tax ₹48,000 a year; total carpet area 3,000 sq m; rate ₹16 per sq m. A 75 sq m flat pays ₹1,200 a year (₹100 a month) for common areas, plus its own assessed tax. If the bill is a single lump sum, ask the municipal ward office for the assessment list, or apply for separate assessment. Dividing the total equally per flat, or by area when the assessment is flat-wise, gives some members a share that is not "as fixed by the local authority". Property tax on a society office that is independent is a service charge (Rule 106C-12(2)(b)) and goes equally per flat.

Question 17

A shop in our building stores goods that pushed up the society's insurance premium. Must all members share the extra?

Accepted Answer

No. The normal premium is shared by carpet area, but any increase caused by storing specific goods in a unit used for commercial purposes is borne by those responsible, in proportion to their carpet areas. Get the insurer to state the loading in writing so the extra can be separated. Rule 106C-12(4) item 9 shares insurance "as per the carpet area of each flat", with a proviso: if the premium increases "due to storing any specific goods in any flat or unit used for commercial purposes", the extra burden is shared "by those who are responsible for such increased premium in the proportion of the carpet areas to their flats". The 2014 bye-law had the same proviso but used built-up area (BL 66(a)(xi)). Synthetic example: the basic premium for the building is ₹1,20,000 a year and the total carpet area is 2,400 sq m, i.e. ₹50 per sq m. Because one ground-floor shop stores paints and solvents, the insurer adds ₹18,000. The shop (40 sq m) pays ₹2,000 as its normal share plus the whole ₹18,000. If two shops of 40 sq m and 20 sq m both store such goods, the ₹18,000 is split 2:1, ₹12,000 and ₹6,000. Practical steps: ask the insurer or broker for a written break-up showing the loading and its cause; put the allocation before the committee and record it; bill it as a separate line. If the goods also create a fire risk, that is a safety matter as well as a billing one.

Question 18

My leave-and-licence agreement says the tenant pays the maintenance. The tenant stopped paying. Can the society still come after me?

Accepted Answer

Yes. The society bills and recovers from its member; a private agreement between you and your licensee does not bind the society. The society may also proceed against the occupier for the period of occupation, but that does not release you. Settle with the society and recover from the licensee under your agreement. Dues are payable by a member, and the draft 2026 bye-laws define dues and defaulter to cover "a Member or flat owner or occupier" (dBL 4(xiv)-(xv)). Form Y-6 lets a society name members, joint members, associate or provisional members and occupiers as respondents, and treats all respondents as jointly and severally liable (para 4). The High Court has said that for the period during which a person was a member or in possession, the liability is enforceable even if recovery starts later (Aspandiar, para 20). What this means in practice: - The society will bill you. It can accept payment from the licensee on your behalf, but a
  shortfall stays on your ledger and carries interest.
- If you do not pay, you become a defaulter after three months (dBL 65(a)), with the consequences
  that follow, including loss of eligibility for the committee after a written demand
  (BL 116(b)).
- Your remedy is against the licensee under your agreement: deduct from the security deposit, or
  sue for the amount.
- The non-occupancy charge, if any, is also your liability as member, capped at 10 % of service
  charges.
Tip: pay the society yourself and collect from the licensee with the rent; that keeps your ledger clean.

Question 19

Can the society bill quarterly or yearly in advance, and can it give a discount to members who pay a year in advance?

Accepted Answer

Billing quarterly or yearly is a choice for the general body under the draft 2026 bye-laws (the committee under the 2014 bye-laws). An early-payment discount is not provided for anywhere; it makes members pay unequal amounts for the same services, so it is risky. Advance payments are fine as a credit on the member's ledger. Billing cycle: under the 2014 bye-laws the committee fixed when bills issue and the period for payment (BL 68). The draft 2026 bye-laws give the general body the power to fix "the periodicity or billing cycle for issue of bills" and the payment period (dBL 64(iii)). Quarterly billing is common and lawful if decided that way. Advance payment: a member may pay ahead. The receipt and ledger should show it as an advance, adjusted against each bill as it is raised. If rates change during the year, the member owes or is owed the difference. Discount: the Rules require service charges to be divided equally per flat (Rule 106C-12(4) item 1) and fund contributions at uniform rates. A 5 % discount for yearly payment means members who pay monthly bear a larger share of the same costs. Nothing in the Act, the Rules or the bye-laws allows it, and an auditor may question it. A society that wants to reward early payment can do so lawfully only indirectly: for example by not charging interest during the payment period, which the draft bye-laws already require (dBL 66). Interest on members' advances is not payable unless the general body decides to accept them as deposits within the borrowing rules (Rule 106C-10).

Question 20

The AGM did not approve the new budget. Can the committee go on billing, and at which rates?

Accepted Answer

It should go on billing at the rates last approved by the general body, since members' obligations do not stop. It cannot introduce the proposed higher rates until a general body approves them. The quick fix is a special general meeting on five clear days' notice. The Rules make the committee responsible for preparing the annual budget and executing the general body's decisions (Rule 106C-13(2)(a)), and make the general body the supreme authority whose decisions bind the committee (Rule 106C-13(3)(a)). Fund rates above the minimums, parking charges, interest and new heads are fixed "by the general body" (Rule 106C-11(2)-(3); 106C-12(4) items 5, 6, 11). So, when a budget is rejected or deferred: - Continue billing the existing heads at the last approved rates; service charges and statutory
  minimum fund contributions keep falling due.
- Do not bill any new head or higher fund rate. An unapproved increase is not a valid "due", and a
  recovery application needs a certified copy of the resolution approving the levy (Rule
  106C-14(2)(c)).
- If actual costs rise (a statutory wage increase, a municipal tax revision), bill the pass-through
  items as fixed by the authority, and place the rest before the general body.
- Call a special general meeting: five clear days' notice under Rule 106C-13(3)(h); quorum is two
  thirds of members or twenty, whichever is less (Rule 106C-13(3)(e)).
Minute the reasons members gave for rejecting the budget; they usually point to what the revised budget must fix.

Question 21

What must a maintenance bill show so that it will stand up if we later file a recovery case?

Accepted Answer

The member's name and flat, the billing period, each head of charge and its amount, arrears and interest shown separately, the due date and payment period, and the resolutions behind any rate. The bill is itself the written demand, and the Registrar will look at the ledger and the resolutions. The draft 2026 bye-laws say every bill "shall be deemed to be a written demand or notice" (dBL 64(ii)), and define dues as amounts demanded by a bill or written notice based on the Act, Rules and bye-laws (dBL 4(xv)). A recovery application must attach the member's certified ledger, the resolution approving the charges or major repair fund, the resolution approving interest, and the society's notice (Rule 106C-14(2)(b)-(d), (f)). Form Y-6 asks for dues, interest (with the rate), notice fees and postage, and taxes as separate lines (para 9). A bill that supports all of that shows: - member's name, flat number and wing; bill number and date; - billing period and due date, and the payment period (dBL 64(iii)-(iv)); - current charges head by head (service charges, property tax, water, lift, each fund, parking,
  non-occupancy charges, education fund and so on);
- brought-forward principal arrears and interest arrears as separate lines, with the interest rate; - GST, if charged, as its own line; - payment modes and the society's bank details. Keep a copy of each bill, proof of service (hand-delivery register, e-mail log or post receipt) and a ledger that matches the bills exactly. Mismatches between bills and ledger are the commonest reason a recovery hearing drags on.

Question 22

Is a maintenance bill sent only by e-mail or WhatsApp validly served? What about the demand notice before recovery?

Accepted Answer

Routine bills may go electronically if the general body has approved that mode, under the draft 2026 bye-laws. The formal demand notice that starts the committee-disqualification clock, and the notice relied on for recovery, should go by hand delivery with acknowledgement or registered post or Speed Post, because those are the modes the texts name. Bills: the draft 2026 bye-laws allow service by hand, post, courier, e-mail, a digital platform "or by any other mode approved by the General Body" (dBL 64(vi)); notices generally may go by e-mail or other lawful electronic means, and display on the notice board counts as service (dBL 69). The 2014 bye-laws said only that the Secretary issues bills (BL 68). Under either text, record the general-body decision on electronic billing and keep delivery logs. Demand notice for committee eligibility: a person is disqualified if he defaults within three months of a written notice "served either by hand delivery or by registered post" (BL 116(b)); the draft adds Speed Post (dBL 112(a)). E-mail or WhatsApp is not named. Recovery: Form Y-6 recites that notice was sent "by the registered post / hand delivery with acknowledgement / Courier" and asks for copies of the notices and the acknowledgements (para 7; verification item iv). An electronic message is weak proof if the member denies receiving it. Practical rule: send monthly bills by e-mail or app if approved; send the demand notice and final notice on paper by registered post or hand delivery against signature, and keep the proof.

Question 23

There is a shop in our residential society. Can the society charge the shop higher maintenance than a flat?

Accepted Answer

Not for service charges, which are equal per unit, shop or flat. The shop may pay more under heads that follow its own situation: a higher property tax if the municipality assesses it as commercial, extra insurance premium caused by goods it stores, water by its inlets, and fund contributions on its own construction cost or carpet area. Rule 106C-12(4) applies to "each member or unit or flat holder". Service charges are divided equally "by number of units or flats" (item 1), so a flat surcharge on shops is not allowed under that head. Other heads can legitimately differ: - Property tax: as fixed by the local authority (item 2); commercial assessment is usually higher. - Insurance: extra premium caused by storing goods in a unit used for commercial purposes falls
  on that unit (item 9 proviso).
- Water: by inlets and their size per the sanctioned plan (item 3). - Sinking and repair funds: a percentage of that unit's construction cost (items 11(i)-(ii)). - Non-occupancy charges if the shop is let, capped at 10 % of service charges (item 8). - A user fee for a specific service only the shop uses (for example extra garbage collection) may
  be approved by the general body as "any other charges", provided it matches the actual cost and
  does not contradict the Rules (Rule 106C-12(1)(m)).
The High Court set aside a general-body switch to area-based service charges because services are enjoyed equally (Venus). A general "commercial surcharge" is open to challenge on the same reasoning; complaints go to the committee, then the Co-operative Court (BL 171-173).

Question 24

I think one item in my bill is wrong. Should I pay the whole bill "under protest" or only the part I agree with?

Accepted Answer

Pay at least the undisputed part on time, and preferably the whole bill with a written protest about the disputed item. Then complain in writing to the committee. Paying only part can make you a defaulter on the rest if you turn out to be wrong, with interest and other consequences. Why pay: dues remain payable whatever the grievance, and a member who does not pay within three months of the bill or due date becomes a defaulter (dBL 65(a); Form Y-6 para 4). Under the draft 2026 bye-laws a complaint is taken up only if the complainant has paid all undisputed dues (dBL 184(c)). Two options, with a synthetic example: the bill is ₹7,200, of which you dispute a ₹900 "festival fund" line. - Pay ₹6,300 and dispute ₹900. If you are right, nothing more is due. If you are wrong, the ₹900
  carries interest from the day after the payment period and counts towards default.
- Pay ₹7,200 with a letter saying ₹900 is paid under protest and asking for its reversal. No
  interest or default risk; if the item is set aside, the society credits or refunds it.
Complaint route: written complaint with facts, the relief you want and documents; under the draft bye-laws it is acknowledged within 3 days, decided after the next committee meeting and communicated within 15 days (dBL 185-186). The 2014 bye-laws had a similar route (BL 171-172). After that, excess recovery of dues can go to the Co-operative Court under s.91 (BL 173). Keep copies of the bill, your letter and the receipt marked "paid under protest".

Question 25

Can committee members' sitting fees, travel or an "honorarium" be recovered through the maintenance bill?

Accepted Answer

Sitting fees and travel or conveyance paid to committee members are service charges, shared equally per flat, but only if approved and within the budget the general body passed. An honorarium to office-bearers is different: under the 2014 bye-laws it comes only out of the year's surplus, up to 15 % of it, not from a separate billed charge. Rule 106C-12(2) includes in service charges "travelling allowance and conveyance charges to the staff and the members of the committee" (item d) and "sitting fees paid to the members of the committee" (item e). The draft 2026 bye-laws add "if approved" to sitting fees (dBL 62(v)). The 2014 bye-laws had the same heads (BL 65(d)-(e)). Honorarium: the 2014 bye-laws allow, out of the 75 % of net profit left after the reserve fund, an honorarium to office-bearers "not exceeding fifteen percent (15%) of the net surplus ... or as decided by the General Body Meeting" (BL 147(b)(ii)). It is an appropriation of surplus approved at the AGM, not a charge added to members' bills. Synthetic example: the audited net surplus for the year is ₹1,60,000. At least 25 % (₹40,000) goes to the reserve fund (s.66(2)). An honorarium of up to 15 % of net surplus, ₹24,000, can be approved by the AGM from what remains. Billing ₹50 a flat each month as "honorarium" would not follow this. Committee members may not otherwise profit from society transactions (BL 115; dBL 111). Put any sitting fee rate in a general-body resolution and show the total in the accounts.

Question 26

The society spent on a lawyer in a case against one member. Can it put that legal fee on that member's bill?

Accepted Answer

Not simply by adding it to his bill. Legal and retainer fees are service charges shared equally by all flats. Costs of a recovery case can be claimed from the defaulter in the recovery application, and the Registrar decides what to allow in the certificate. In other disputes, costs are for the forum that decides the case. Rule 106C-12(2)(j) puts "retainer fees, legal charges and territory enquiry fees" among service charges, shared equally per flat (item 1). The 2014 bye-laws said the same (BL 65(k)). So the society's legal spending is a common cost unless a forum orders a party to pay. In recovery under s.154B-29: - Form Y-6 lets the society list "other expenses such as notice fees & postage" with the claim
  (para 9) and ask that the certificate include "expenses incurred by the applicant for filing the
  application with the process fees" (para 14(a)).
- Form Y-7 has lines for the stamp, "cost & fees of inquiry", the public-notice fee and "other
  expenses". Whether a particular advocate's fee is allowed is for the Registrar.
In a Co-operative Court dispute or civil case, costs follow that forum's order. Synthetic example: a recovery case costs the society ₹100 court fee, ₹1,500 newspaper notice and ₹15,000 advocate's fee. The first two are ordinary "expenses" to claim; the advocate's fee may be claimed as "other expenses", but only what the certificate allows can be debited to the member's ledger. The rest stays a service charge. Charging a member unilaterally is excess recovery, which he can contest (BL 171-173).

Question 27

My flat is locked and nobody lives there. Do I still have to pay the full maintenance?

Accepted Answer

Yes. Service charges are shared equally per flat, and fund contributions, property tax and insurance are fixed per flat whether it is occupied or not. A vacant flat does not earn a discount unless the charge itself depends on use, such as metered water. Whether it also attracts non-occupancy charges depends on your bye-laws and general-body resolution; if levied, they cannot exceed 10 % of service charges. Under Rule 106C-12(4) service charges are "equally divided by number of units or flats". The sinking and repair funds are a percentage of each flat's construction cost. Property tax, insurance and the major repair fund follow the flat's assessment or carpet area. Lift charges are shared equally by the flats in the building. None of these depends on anyone living in the flat. The 2014 bye-laws are the same (BL 66(a)); for the lift they say "irrespective of the fact whether they use the lift or not" (BL 66(a)(iv)). Parking charges are payable whether the slot is used or not (BL 82; dBL 80(iii)). A general-body resolution giving vacant flats a lower rate would depart from the equal-per-flat rule in the Rules. It is open to challenge by other members, so a committee should not adopt one without advice. Non-occupancy charges may be levied on a locked flat too: the Bombay High Court read the bye-laws as covering a flat kept locked as well as one given on leave and licence (Mont Blanc CHS, 2007, para 14), subject to the 10 % cap and the close-relatives exemption (see tenants_leave_licence-004). Unpaid dues on a vacant flat are recovered like any other (see defaulters_recovery-001).

Question 28

Several societies in our layout share a garden, clubhouse, pump and security. How should the common costs be shared?

Accepted Answer

By a written arrangement the societies' general bodies approve, or better, through a registered body. From 22 Jun 2026 the Rules provide for an Association of Societies (at least five societies) or a Co-operative Housing Association (at least two societies or legal bodies) in the same layout. Each society then passes on its share to its members under its own charge heads. Rule 106C-2(2) lets societies in the same layout or plot register a joint body. An Association of Societies needs general-body resolutions of at least five societies. A Co-operative Housing Association needs at least two societies or legal bodies. An architect certifies that they are in one layout. The application is in Form Y-2. Such a body can hold the shared assets, employ the common staff, collect each society's contribution and be audited. It also has its own training contribution, Rs 1,000 a year (Rule 106C-7(2)). Without a registered body, the societies should sign a cost-sharing agreement approved by each general body. It should set: - what is shared; - the basis, for example number of flats, carpet area or metered use; - who holds the bank account; - how accounts are shown to each society; - how disputes are settled. Inside each society the share is then recovered under the heads in Rule 106C-12. Garden, playground and amenity costs are shared equally per member (items viii-ix), and water by inlets (item 3).

Question 29

I never use the clubhouse, gym or pool. Can the society still make me pay for them?

Accepted Answer

Yes. From 22 Jun 2026 the Rules list amenities charges as a head shared equally by all members, and the same for the playground, garden and jogging track. They are common facilities, so the cost is shared whether or not a member uses them. A separate user fee for bookings or personal training is a different matter and needs a general-body decision. Rule 106C-12(4) item 11(viii) apportions amenities charges "equally by members". Item 11(ix) does the same for the playground, garden and jogging track. The draft 2026 bye-laws name the clubhouse, club membership, gym and swimming pool (dBL 63(a)(xiii)-(xiv)). The 2014 bye-laws list the pool, gym and similar common areas among the items the society maintains at its cost (BL 67(a)(xxii)). The cost of running them is a common expense. What the society cannot do: - charge one class of members more for the same share, such as tenants or owners of bigger flats, without a
  lawful basis (see tenants_leave_licence-006 and maintenance_charges-001);
- add new heads without a general-body resolution (see maintenance_charges-008). What it can do, by general-body resolution: fix timings and rules for use (nuisance_pets_amenities-008), and charge a reasonable fee for exclusive bookings, such as hall hire (BL 169; ops-007).

Question 30

How is my monthly maintenance bill made up? Which heads are there and how is each one calculated?

Accepted Answer

The bill is a set of separate heads, each shared on its own legal basis. Service charges are equal per flat. The sinking and repair funds are a percentage of each flat's construction cost. Property tax is as fixed by the municipality. Water goes by inlets and the lift is equal per flat in the building. From 22 Jun 2026 insurance, lease rent, non-agricultural tax and the major repair fund go by carpet area. Parking, interest and non-occupancy charges apply only to those they concern. Rule 106C-12 (in force 22 Jun 2026) fixes the heads and bases: - service charges (staff salaries, office costs, printing, committee travel and sitting fees, federation
  fees, audit fees, meeting costs, legal fees, common electricity): equal per flat;
- property tax: as fixed by the local authority, common areas by carpet area; - water: by the number and size of inlets in the sanctioned plan; - lift running, repair and new lifts: equal per flat in the building served; - sinking fund: at least 0.25 % a year of each flat's construction cost (architect-certified); - repair and maintenance fund: at least 0.75 % a year of the same cost; - major repair fund, insurance, lease rent, NA tax: carpet area; - education and training fund: Rs 10 per member a month, or the Government rate if higher; - election fund, other funds, amenities, garden and playground: equal per member; - parking: the general-body rate per slot; - non-occupancy: 10 % of service charges, only for let-out flats; - interest on arrears: the general-body rate, at most 12 % simple. The 2014 bye-laws used built-up area for insurance and lease rent, and allowed 21 % interest (BL 66, 70). Ask for the budget the AGM approved; each head should trace to a budget line.

Question 31

Can the committee increase the monthly maintenance on its own, in the middle of the year?

Accepted Answer

Only within what the general body has approved. The general body approves the annual budget and fixes the rates of the sinking and repair funds, parking charges, interest and any new head. The committee then works out each flat's share on the legal bases. A mid-year increase beyond the approved budget, or a new or higher fund rate, needs a general-body resolution. Who decides what: - the general body approves the budget for the next year at the AGM (BL 94(e); dBL 95(c)); - the general body fixes the sinking-fund and repair-fund rates, above the legal minimums (BL 13; Rule
  106C-11(2)-(3));
- the general body fixes parking charges and the interest rate (Rule 106C-12(4) items 5-6); - any other charge needs a general-body resolution and must not contradict the Act and Rules (Rule
  106C-12(1)(m));
- the committee apportions each member's share on the prescribed bases and fixes the charges for every flat
  (BL 66; Rule 106C-12(4); dBL 63(b)).
So the committee may pass on a genuine rise in a pass-through, such as a municipal tax or water-rate increase, at the rate the authority fixes. It may also re-apportion after an error. It should not raise service charges above the approved budget, or create a new levy, on its own resolution. If costs overrun, call an SGM (five clear days' notice) and put a revised budget to it. A levy passed only by the committee, or slipped in as "any other business", can be challenged (see meetings_gb-006 and maintenance_charges-008). Members who dispute a levy should pay the undisputed part and raise the rest in writing.

Question 32

Can the society charge bigger flats more maintenance than smaller flats?

Accepted Answer

Not for service charges. Staff salaries, security, common electricity, audit fees and the other service charges must be split equally per flat. A few specific heads are shared by area, but they are fixed by the Rules, not chosen by the general body. The Rules list what counts as service charges: salaries of office staff, liftmen, watchmen and malis, office costs, printing and postage, committee travel and sitting fees, federation subscriptions, audit fees, meeting expenses, legal and retainer fees, and common electricity. Rule 106C-12(4) item 1 says these are "equally divided by number of units or flats". The 2014 bye-laws said the same in BL 66(a)(vi). Some heads are shared by carpet area from 22 Jun 2026: the property tax on common areas, the Major Repair Fund, insurance, lease rent and N.A. tax (items 2, 9, 10 and 11(iii)). Under the 2014 bye-laws, insurance, lease rent and N.A. tax went by built-up area. The Repairs and Maintenance Fund and the Sinking Fund are a percentage of each flat's construction cost, so a bigger flat pays more. Water charges go by the number and size of inlets. Lift charges are equal among the flats of the building that has the lift, whether or not a member uses it. In Venus CHS the society's general body had moved maintenance from flat-wise to area-wise. The Co-operative Court, the Appellate Court and the Bombay High Court all set the resolution aside. The court reasoned that the services are enjoyed equally by all members. Condominiums (apartment owners' associations under the Maharashtra Apartment Ownership Act 1970) are different. There, common expenses follow each owner's percentage of undivided interest, and the High Court upheld that in 2025. That rule does not carry over to a co-operative society. A member charged service charges by area can complain to the committee (BL 171-172). If that fails, the dispute goes to the Co-operative Court under s.91; "excess recovery of dues" is one of the heads BL 173(b) lists.

Question 33

What is the maximum interest a society can charge on late maintenance?

Accepted Answer

From 22 Jun 2026 the maximum is 12 % a year, simple interest, at the rate the general body fixes. Before that the 2014 bye-laws allowed up to 21 %. The cap is on simple interest. Compound interest, or a separate "late fee" that works as extra interest, is open to challenge. Rule 106C-12(4) item 6 caps "interest on defaulted charges" at the rate fixed by the general body, "not exceeding simple interest 12% per annum". The Rules bind every housing society from publication on 22 Jun 2026, whatever bye-laws it has registered. Where a bye-law is inconsistent with the Rules, the Rule prevails. The 2014 model bye-law allowed 21 % simple interest "or at such lower rate as may be fixed by the General Body". It is printed as BL 70 in the archived text and cross-referred as BL 72 in BL 66(a)(viii). In Aspandiar (Jan 2026) the High Court refused to call a 21 % bye-law rate illegal for the period before the Rules, because no statutory ceiling was then shown (para 28). The draft 2026 bye-laws (dBL 66) add three points. No interest runs during the payment period. Interest runs from the day after that period ends. If the general body has not fixed a rate, 12 % applies. Practical points for the treasurer: - Arrears for periods up to 21 Jun 2026 can carry the rate that was lawful then. - Interest for later periods must not exceed 12 %. - A Form Y-6 recovery application must attach a certified copy of the resolution approving the
  levy of simple interest (Rule 106C-14(2)(d)). Keep that resolution on file.

Question 34

How much non-occupancy charge can the society collect when a flat is let out?

Accepted Answer

At most 10 % of the service charges, not of the whole bill. Nothing is payable when the flat is occupied by the member's family. The Bombay High Court upheld this cap in 2007. A Government order of 1 Aug 2001 under s.79A capped non-occupancy charges at 10 % of service charges, excluding municipal taxes. BL 43(b)(iii) and BL 66(a)(x) of the 2014 bye-laws carry the cap, and Rule 106C-12(4) item 8 now fixes it as "10% of service charges". In Mont Blanc CHS the Division Bench upheld the order. It said the order was not arbitrary and protects minority members against societies that were using non-occupancy charges to make money (para 25). The Bench struck down only the part that extended the family exemption to certain in-laws. The charge is levied only when a flat is let or given on leave and licence. It is not levied when close family members live in the flat. The committee should work it out on the service charge line alone. Property tax, water, sinking fund and repair fund are not part of the base. For income tax, the Supreme Court held in Venkatesh Premises that these receipts from members are covered by mutuality. For GST, see tax_gst. A member who is over-charged can complain to the Registrar, whose list of matters includes non-occupancy charges (BL 173(a)(vi)). The member can also raise a s.91 dispute.

Question 35

How much must go into the sinking fund and the repair fund, and what can they be spent on?

Accepted Answer

The general body fixes the rates. The minimums are 0.25 % a year of each flat's construction cost for the Sinking Fund and 0.75 % a year for the Repairs and Maintenance Fund. The Sinking Fund is kept for reconstruction, structural strengthening or heavy repairs certified by an architect, spent on a general-body resolution. Rule 106C-12(4) item 11(i)-(ii) fixes the minimums on each flat's construction cost: 0.25 % a year for the Sinking Fund and 0.75 % a year for the Repairs and Maintenance Fund. BL 13 and BL 66(a)(iii) set the same percentages under the 2014 bye-laws. The construction cost excludes land and is certified by the society's architect. The Major Repair Fund is separate. It is collected by carpet area when the general body decides (item 11(iii)). The funds are invested in the modes s.70 allows, and interest stays with the fund (BL 15). Using the Sinking Fund for routine expenses is an irregularity the auditor will report. The Sinking Fund Register is a statutory register (BL 140). For how these contributions are treated for GST, see tax_gst.

Question 36

Does the builder have to pay maintenance for flats that are still unsold?

Accepted Answer

Yes. For the unsold flats the promoter joins the society as a member and pays the society's charges on them like any other member. Dues follow the flat, and a promoter who keeps flats and uses the building cannot avoid them. Under s.10 of MOFA (Maharashtra Ownership Flats Act 1963), the promoter must form the society. The promoter then joins it as a member for the flats not yet sold, and may sell them later. In Aspandiar (Jan 2026) the flat-holders had received flats under a development agreement and were treated as promoters. The High Court held that they "represented the premises" and were liable for dues, although they had no registered agreement and had never been admitted as members (para 27). It also held that society dues are recurring obligations that "follow the flat" (para 17). Before 22 Jun 2026 the society can recover such arrears at the bye-law interest rate. After that date the rate cannot exceed 12 % (see maintenance_charges-002). Recovery goes through the Registrar under s.154B-29 (see defaulters_recovery). A builder's claim that it owes nothing until the flats are sold is not supported by MOFA or by this judgment. Consult an advocate if the promoter disputes membership itself.

Question 37

Do old maintenance arrears become time-barred after three years?

Accepted Answer

No, at least for recovery through the Registrar. The Bombay High Court held in January 2026 that the Limitation Act's three-year bar does not apply to a s.154B-29 recovery. Each unpaid month is a fresh default. That ruling is under challenge in the Supreme Court. In Aspandiar the society in 2023 claimed arrears going back to 2005. The court held that s.154B-29 prescribes no limitation period and overrides ss.91, 93 and 98 (paras 18-19). It held that s.92, which governs limitation for s.91 disputes, does not control s.154B-29 (para 21, following Sudhakar Hanumant Pawar, 2025). It also held that non-payment of maintenance is a continuing wrong, so each month gives a fresh cause of action (paras 22-25). A s.91 dispute before the Co-operative Court still has its own limitation rules under s.92. Committees should not rely on delay being forgiven. Bill every month and send written demands. Record the general-body and committee resolutions that approve each levy.

Question 38

Can I stop paying maintenance until the committee fixes my leakage or answers my complaint?

Accepted Answer

No. Dues are payable whatever the grievance, and withholding them makes you a defaulter. A defaulter owes interest, can face recovery, and cannot stand for the committee. Pursue the complaint separately with the committee, the Registrar or the Co-operative Court. Society dues pay for services the society has already bought for everyone. The High Court described s.154B-29 as compensatory: a member is asked to repay a share of money already spent (Aspandiar, para 17). A member who fails to pay within three months of the bill or notice becomes a "defaulter" (s.154B-1; dBL 4(xiv)). A defaulter is disqualified from the committee (s.154B-23(1)(i)). The draft 2026 bye-laws make payment of all undisputed dues a precondition for using the complaint procedure (dBL 184(c)). If only part of a bill is disputed, pay the undisputed part and dispute the rest in writing. The complaint route is BL 171-173 or dBL 184-187, then the Registrar, the Co-operative Court under s.91 or the consumer commission. Repairs are the society's duty for common parts such as the terrace, external walls and common pipes (BL 67 / BL 158). Internal leakage from a toilet or sink is the flat-holder's cost.

Question 39

Can the general body add a new charge, such as a festival fund or a fee for pets, to everyone's bill?

Accepted Answer

The general body can approve "any other charges", but only if they do not contradict the Act, the Rules or the bye-laws, and only by a valid resolution on notice. Any new fund must be collected equally from members. Contributions to a welfare fund are voluntary. Rule 106C-12(1)(m) allows other charges approved by the general body that "should not contradict the provisions of the Act and rules". Any additional fund is collected equally from all members with general-body approval (106C-11(9)). The Welfare Fund, used for social, cultural and recreational activities, is voluntary (106C-11(7)). A penalty for breaking a bye-law is not a charge. It follows the show-cause and hearing route of BL 164, capped at Rs 5,000 per member per financial year. In OLVPS CHS the Maharashtra State Consumer Commission upheld a refund of a Rs 500 a month fee for taking pet dogs in the lift. The resolution had been recorded by an addendum after the three-month minutes deadline in the bye-laws, so it did not bind members. Keep the agenda item, the resolution and the confirmed minutes for every levy. A Form Y-6 recovery application needs certified copies of the resolutions (106C-14(2)(c)-(d)).

Maintenance chargesदेखभाल शुल्क