Chapter X: Levy of Charges of the Society

Bye-law 61. Levy of Charges of the Society

The contribution to be collected from the Members of the Society towards outgoings and establishment of its funds, hereinafter referred to as “the charges”, shall be in relation to the following, in accordance with Rule 106C-12:—

(i)Service Charges;

(ii)Property Taxes;

(iii)Water Charges;

(iv)Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lifts;

(v)Car Parking Charges;

(vi)Interest on defaulted charges;

(vii)Repayment of installments of loans and interest thereon;

(viii)Non-occupancy Charges;

(ix)Insurance Charges;

(x)Lease Rent;

(xi)Non-agricultural Tax if applicable;

(xii)Contribution towards various funds created by the Society;

(xiii)Amenities Charges;

(xiv)Any other charges as may be approved by the General Body at its meeting, provided that such charges shall not be contrary to the provisions of the Act, Rules and these Bye-laws.

Bye-law 62. Break-up of Service Charges of the Society

The Service Charges of the Society referred to at Bye-law No. 65(i) above shall include the following:—

(i)Salaries of the office staff, liftmen, watchmen, malis and any other employees of the Society;

(ii)Where the Society has an independent office, the property taxes, electricity charges, water charges and other expenses in respect of such office;

(iii)Printing, stationery and postage;

(iv)Travelling allowance and conveyance charges to the staff and the Members of the Committee of the Society;

(v)Sitting fees paid to the Members of the Committee of the Society, if approved;

(vi)Annual subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated;

(vii)Entrance fees for affiliation to the Housing Federation and any other co-operative institution;

(viii)Audit fees for internal audit, statutory audit, re-audit and test audit, if any;

(ix)Expenses incurred at meetings of the General Body, the Committee and sub-committees, if any;

(x)Retainer fees, legal charges, statutory enquiry fees and professional fees;

(xi)Common electricity charges;

(xii)Any other establishment and administrative expenses approved by the General Body, provided that such expenses shall not be contrary to the provisions of the Act, Rules and these Bye-laws.

Bye-law 63. Sharing of the Society’s Charges by the Members

Committee to fix Society’s Charges in respect of every flat / unit

(a)The Committee shall apportion the share of each Member or flat / unit holder towards the charges of the Society, in accordance with the provisions of the Act, Rules and these Bye-laws, on the following basis:—

(i)Service Charges:

Equally divided by the number of flats / units.

(ii)Property Taxes:

As fixed by the Local Authority, and in respect of common areas, on the basis of carpet area of each flat / unit.

(iii)Water Charges:

On the basis of total number and size of inlets / taps provided in each flat / unit as per the sanctioned building plan.

(iv)Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift:

Equally divided by the number of flats / units in the building in which lift is provided.

(v)Car Parking Charges:

At the rate fixed by the General Body.

(vi)Interest on defaulted charges:

At the rate fixed by the General Body, not exceeding simple interest at twelve per cent per annum.

(vii)Repayment of installments of loan and interest:

The amount of each installment with interest as fixed by the financing agency.

(viii)Non-occupancy Charges:

Ten per cent of the Service Charges.

(ix)Insurance Charges:

On the basis of carpet area of each flat / unit:

Provided that, if there is increase in the insurance premium due to storing any specific goods in any flat / unit used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increase in proportion to the carpet area of their respective flats / units.

(x)Lease Rent:

On the basis of carpet area of each flat / unit.

(xi)Non-agricultural Tax:

On the basis of carpet area of each flat if applicable

(xii)Contribution towards funds:

Sinking Fund — at the rate fixed by the General Body, subject to the minimum prescribed under the Rules and these Bye-laws;

Repairs and Maintenance Fund — at the rate fixed by the General Body, subject to the minimum prescribed under the Rules and these Bye-laws;

Major Repair Fund — on the basis of carpet area of each flat / unit;

Education and Training Fund — as prescribed under the Act, Rules and these Bye-laws;

Election Fund — equally by the Members;

Welfare Fund — equally by the Members;

Any Other Fund — equally by the Members.

(xiii)Amenities Charges:

Club house, club membership, gym, swimming pool and similar amenities equally by the members

(xiv)Playground, garden, jogging track and similar common amenities:

Equally divided by the number of flats / units.

(b)The Committee shall fix, in respect of every flat / unit, the Society’s charges on the basis laid down hereinabove and in accordance with the provisions of the Act, Rules and these Bye-laws.

Bye-law 64. Payment of the Society’s Charges

(i)The Secretary of the Society shall prepare the bills in respect of the charges payable by the Members in accordance with the provisions of the Act, Rules and these Bye-laws.

The Secretary shall issue such bills to all Members within the billing cycle approved by the General Body Meeting and on or before the date fixed by the Managing Committee in that behalf.

(ii)Every bill issued by the Society shall be deemed to be a written demand or notice of the amount payable by the Member.

(iii)The General Body Meeting shall determine:

(a) the periodicity or billing cycle for issue of bills; and

(b) the period within which the charges mentioned in the bill shall be paid (hereinafter referred to as the "payment period").

(iv)The due date for payment of Society charges shall be as specified in the bill and shall be in accordance with the provisions of the Act, Rules and these Bye-laws.

Where the General Body Meeting has not determined the payment period, the Managing Committee shall allow a period of fifteen days from the date of service of the bill for payment.

(v)Every Member shall pay the amount mentioned in the bill in full within the payment period so fixed.

Failure to pay the amount within the prescribed period shall render the Member liable for payment of interest and such other consequences as may be provided under the Act, Rules and these Bye-laws

(vi)The Society may serve bills upon Members by hand delivery, post, courier, electronic mail, digital platform or by any other mode approved by the General Body Meeting and permitted under the Act, Rules and these Bye-laws.

The Society shall also display the details of charges or make them available through electronic means, wherever feasible.

Bye-law 65. Review of Payment Default Cases of Society Charges

(a)A Member shall be treated as having committed default in payment of the Society’s charges if the amount mentioned in the bill is not paid within the payment period.

The amounts payable by a Member, flat owner or occupier to the Society and demanded by issuing a bill or notice in writing in accordance with the provisions of the Act, Rules and these Bye-laws shall constitute the dues of the Society.

A Member who fails to pay such dues within three months from the date of service of the bill or notice or the due date of payment, whichever is later, shall be treated as a defaulter. It shall be the duty of every Member to pay the dues of the Society within the time as decided by the Society in its General Body.

The Secretary shall place the cases of such defaults before the Committee for its consideration and for taking necessary action.

(b)In case a Member, flat owner or occupier continues to remain in default and becomes a defaulter as stated above, the Committee shall initiate appropriate recovery proceedings under the provisions of the Act, including recovery under section 154B-29.

Bye-law 66. Interest on Defaulted Charges

A Member, flat owner or occupier who fails to pay the dues within the payment period shall be liable to pay simple interest on the outstanding dues from the date immediately following the expiry of such payment period till its full and final payment.

The rate of such interest shall be fixed by the General Body, subject to the maximum 12% simple interest rate per annum. No interest shall be charged during the payment period. In case the General Body has not fixed the rate of interest, the Society shall charge simple interest at the rate of twelve per cent per annum on the outstanding dues.