Model Bye–Laws of Cooperative Housing Society
Housing Society Maintenance Rules
A Member shall be required to pay simple interest at 21% per annum, or, at such lower rate as may be fixed by the General Body, on the outstanding dues to the Society, from the date the amount was due as prescribed under Bye-law no. 69, till full and final payment by the Member.
The Commissioner and Registrar of Cooperative Societies, Pune, has ordered that under the Maharashtra Apartment Ownership Act, 1970, the maintenance charges shall be calculated according to the area of the housing unit. Residential buildings in the State are governed by either the Apartment Ownership Act or the Cooperative Societies Act.
Bye Law No 65. Composition of the Charges of the Society
The contribution to be collected from the Members of the Society, towards outgoing and establishment of its funds, referred to in these bye-laws as ‘the charges’ may be in relation to the following :
(i) Property Taxes,
(ii) Water Charges,
(iii) Common Electricity Charges,
(iv) Contribution to Repairs and Maintenance Fund,
(v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift.
(vi) Contribution to the Sinking Fund,
(vii) Service Charges,
(Viii) Car Parking Charges,
(ix) Interest on the defaulted charges,
(x) Repayment of the installment of the loan and interest,
(xi) Non-occupancy Charges, (xii) Insurance Charges,
(xiii) Lease rent,
(xiv) Nonagricultural tax.
(xv) Education and Training Fund (xvi) Election Fund
(xvii) Any Other Charges.
Bye Law No 70(a) Review of payment defaults cases of Society charges
A Member shall be deemed to have committed default in payment of the charges of the Society, if the payment mentioned in the demand notice/bill is not made within the period as prescribed under Section 73CA of the Act. The Secretary of the Society shall bring the cases of defaults in payment of the Society’s charges to the notice of the Committee for taking further necessary action.
Bye Law No 71. Interest on defaulted charges
A Member shall be required to pay simple interest at 21% (twenty-one percent) per annum, or, at such lower rate as may be fixed by the General Body, on the outstanding dues to the Society, from the date the amount was due as prescribed under Bye-law no. 69, till full and final payment by the Member
Additional Penalty Rs.200/- per month
In the society, if any member, the maintenance amount is in arrears for more than 3 months. Then that member will be charged an additional penalty of Rs.200/- per month. Only after depositing all past dues / arrears with the society, including the current month’s maintenance charges, the additional penalty will cease.
If the maintenance bill for the month of July + August + September is Rs.4500 due and the member deposits only Rs.4000 towards the society, the still outstanding amount is Rs. 500 remains. So when the maintenance bill is made in the month of October, Rs. 200 additional penalty will be added to the bill because the previous three month bill has not been paid in full. The member cannot say that my July and August bills are paid but only half of the September bill is due so no additional penalty should be imposed. But the bill becomes monthly and due to the previous bill gets accumulated
GST on maintenance charges
Flat owners also have to pay GST at 18%, if their monthly contribution to the residents’ welfare association (RWA) exceeds Rs 7,500, as per the Finance Ministry’s orders dated July 22, 2019. As per the rules, RWAs are required to collect the GST on monthly subscription/contribution charged from its members, if such payment is more than Rs 7,500 per flat per month and the annual turnover of the RWA by way of supply of services and goods exceeds Rs 20 lakhs.