Tenancy, PG, and Use of Premises

Are there extra society charges (like non-occupancy fees) if I leave my flat empty for a long time?[10][11]

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, there can be extra society charges such as non-occupancy fees if you leave your flat empty for a long time.

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, there can be extra society charges such as non-occupancy fees if you leave your flat empty for a long time.

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Short Answer

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, there can be extra society charges such as non-occupancy fees if you leave your flat empty for a long time.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 empowers the society to levy charges on members for various purposes, including non-occupancy fees. This means that if a member keeps their flat empty for an extended period, the society can impose additional charges on them. Non-occupancy fees are typically charged to discourage members from keeping their flats vacant for a long time, as it may affect the overall maintenance and functioning of the society.

Rule 68 of the Gujarat Cooperative Societies Rules, 1965 provides further details on the imposition and calculation of non-occupancy charges. The rule specifies the procedure for determining the amount of fees to be charged and the frequency of such charges. It is essential for members to be aware of these rules to avoid any disputes with the society regarding non-occupancy fees.

In practice, societies often have specific guidelines regarding non-occupancy charges, which are communicated to the members through general body meetings or circulars. These charges are usually meant to ensure that all members contribute their fair share towards the maintenance and upkeep of the society, even if their flats are not occupied.

Practical Examples

  • Mr. Patel owns a flat in a cooperative society but rarely stays there as he travels frequently for work. The society imposes non-occupancy charges on him as per their rules to compensate for the additional burden on common facilities.

  • Ms. Desai inherited a flat from her parents but decided to keep it vacant. The society notifies her about the non-occupancy fees applicable and requests her to either occupy the flat or pay the charges regularly.

  • Mr. Shah's flat is under renovation, and he informs the society about the temporary vacancy. The society waives off the non-occupancy charges for the renovation period upon submission of relevant documents.

References

  • Section 123 of the Gujarat Cooperative Societies Act, 1961: Official PDF

  • Rule 68 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

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