Can a Co-operative Housing Society charge higher maintenance from a tenant (i.e., Rented flat) than from a flat owner? | Advocate Paresh M Modi
No, a co-operative society cannot charge extra maintenance from a tenant as compared to an owner. However, the society may charge “Non-Occupancy Charges”, not exceeding 10% of the service charges, if the flat is given on rent.
Applicable Law and Rules:
1. Model Bye-laws of Co-operative Housing Societies (Gujarat / Maharashtra / etc.)
Bye-law 43 (Maharashtra) / Similar in Gujarat
“A member may let out his flat, but the society may levy non-occupancy charges as permitted by law. These charges shall not exceed 10% of the service charges.”
2. Circulars / Guidelines:
Maharashtra Govt. Circular (2001) (followed as precedent in other states too):
Non-occupancy charges cannot exceed 10% of the service charges, and societies cannot impose additional or arbitrary maintenance charges from tenants.
Important Judgments:
✅ Monica Co-op Hsg Society vs. State of Maharashtra & Ors (Bombay High Court)
The court held that societies cannot discriminate against tenants by charging them more maintenance. Only non-occupancy charges can be levied from the owner, not the tenant.
✅ Irene Alvares vs. Housing Society – Consumer Court
Charging excessive maintenance from tenants was termed unfair trade practice and the society was directed to refund the excess amount.
Society Cannot:
| Illegal Charges | Why Not Allowed |
|---|---|
| Extra maintenance from tenant | Discriminatory, not in bye-laws |
| Entry / access restriction to tenant | Violates fundamental rights |
| Charging amenities more to tenants | Arbitrary, can be challenged |
| Evicting tenant without owner’s consent | Unlawful |
Society Can:
| Legal Charges | Conditions |
|---|---|
| Non-Occupancy Charges | Max 10% of service charges |
| Clubhouse or special facilities | If equal for all users |
| Penalty if tenant violates society rules | After due notice |
Remedies for Tenants / Owners:
Send a Legal Notice to the society objecting to excess charges.
File a complaint before the Co-operative Court / Deputy Registrar.
File a complaint before Consumer Forum for refund and compensation.
Seek injunction if society is harassing or restricting tenant.
Conclusion:
✅ Maintenance charges must be equal for all. A tenant cannot be asked to pay more maintenance than what is applicable to the owner. Only reasonable non-occupancy charges (max 10%) may be charged from the flat owner when the flat is rented out.
Contact Advocate Paresh M Modi
In Ahmedabad, Gandhinagar, Gujarat, Mumbai, Maharashtra, Pune, Delhi, For legal consultation or representation in matters of Housing Society, Housing Service Society and Criminal Matters like Anticipatory bail, Regular bail, Discharge Applications, Special Act Cases, FIR Quashing, Cheque Return Cases, or Criminal Appeals and For expert legal advice and services, Advocate Paresh M Modi can be contacted during office hours.
- Office Landline: 079-48001468 (Time 10:30 AM to 6:30 PM, Monday to Saturday).
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- Office Address: Office No. C/112, Supath-2 Complex, Opp. Kohinoor Plaza Hotel, Near Old Wadaj Bus Stand, Ashram Road, Ahmedabad – 380013, Gujarat, India.
