Maintenance and Utility Disputes

If I rent out my flat, do I pay the same maintenance, and can society charge extra?[11]

If you rent out your flat in a cooperative society, you may have to pay the same maintenance charges as other members. The society can also charge extra for facilities or services used by tenants.

If you rent out your flat in a cooperative society, you may have to pay the same maintenance charges as other members. The society can also charge extra for facilities or services used by tenants.

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Short Answer

If you rent out your flat in a cooperative society, you may have to pay the same maintenance charges as other members. The society can also charge extra for facilities or services used by tenants.

Detailed Explanation

Rule 65 of the Gujarat Cooperative Societies Rules, 1965 states that a member who has sublet his flat shall be liable to pay maintenance charges as determined by the society. This means that as the owner of the flat, you are responsible for ensuring that the maintenance charges are paid, whether by you or the tenant. In practice, this implies that even if you rent out your flat, you are still obligated to pay the maintenance charges to the society.

Additionally, the society may charge extra for facilities or services used by tenants. This could include charges for amenities like parking spaces, gym access, or any other services provided by the society. The society has the right to levy these additional charges on the member who has rented out the flat. It is essential to check the society's bylaws or rules to understand the specific charges that may apply in such scenarios.

Real-world Scenarios

  • Scenario 1: Mr. Patel rents out his flat in a cooperative society. The society charges a fixed maintenance fee per month, which Mr. Patel is required to pay on behalf of his tenant.

  • Scenario 2: Ms. Shah's tenant uses the society's swimming pool and parking facilities. The society charges an additional fee for these amenities, which Ms. Shah includes in the rent agreement with her tenant.

  • Scenario 3: Mr. Desai's tenant damages common areas of the society. The society charges Mr. Desai for the repair costs as per the rules outlined in the cooperative society's bylaws.

Reference

  • Rule 65 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

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