Flat Maintenance: Non occupancy charges
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Hello friends,
My society did not added non occupancy charges(NOC). I have paid all my maintenance as per the maintenance bill.
Now they want to charge me for NOC for the past 2 years also. Is it legal? How can I handle it?
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They can charge upto 10% of the service charges of the society (excluding municipal taxes)
What amount they are asking in lieu of NOC?
I had paid NOC for some period then in between my flat was vacant for 6-7 months. Still I was charged NOC charges. So, I had requested to stop it. Later on when my flat got rented again then they missed to charge NOC.
Now after 3 years, they are saying that the flat was rented for 3 years and NOC was not charged so I need to pay it for past 3 years also.
So, my question was is it legal? Can I do anything to defend myself?
In my view, I have paid all maintenance bills. submitted rent agreement and police verification whenever my flat got rented. It was their fault that they missed to add NOC charge. So, I should not be liable to pay missed NOC charges of the past.
From last 2 months they started adding NOC charges and I am paying it as per the maintenance bill
@cpxfer -- Just wondering how they, society, would prove that the apartment was unoccupied for last 2 years incase you argue that the apartment was occupied.
Also NOC was not added to other owners who did not occupy the apartment?
For wider group -- Please read this to understand OP's question.
Can anyone explain the rationale behind these charges. If the renter is paying all maintenance and service fees why is the society concerned if it's the owner or someone else occupying that apartment?
Non occupancy charges. Is it limited to the state of Maharashtra?
It looks as discriminatory when all the maintenance charges are paid.
What is the legality if the property is handed over to an employee
of the owner and no rent is collected or is considered part of salary?
Didn't hear this in Bangalore or Hyderabad. Mumbai has strange rules.
What kinda gangster bullcrap is this?
Why should anyone pay for not living in the apartment they own?
If NOC was applicable for the mentioned period, you'll have to pay. If the flat was vacant, then you can talk the amount out for those months.
Moreover, you can read the society bylaws, which your society would have. You can read what it says regarding NOC applicability. Just because they forgot to add, doesn't mean you get free pass.
You have to pay as NOC charges and those will be as per your society bylaws.