Short Answer

The billing for common area usage, such as a clubhouse, in a lease agreement is typically governed by the terms specified in the lease agreement itself.

Detailed Explanation

Rule 115 of the Gujarat Cooperative Societies Rules, 1965 addresses the issue of common area usage billing in cooperative housing societies. This rule states that the maintenance charges for common areas, facilities, and services provided by the society shall be determined and collected from the members as per the by-laws of the society. This means that the billing for common area usage, including a clubhouse, would be as per the maintenance charges determined by the society and outlined in the by-laws.

Furthermore, Section 21 of the Gujarat RERA Act provides guidelines for the maintenance charges in a real estate project. It states that the promoter shall maintain and operate the common areas and facilities until the association of the allottees is formed. Once the association is formed, the responsibility for billing and collection of maintenance charges for common areas, including a clubhouse, would lie with the association as per the terms agreed upon in the by-laws.

In practice, the society or association would calculate the maintenance charges based on factors such as the area of the common facilities, the number of members using the facilities, and any other relevant considerations. The billing process would involve issuing invoices to the members specifying the amount due for common area usage, including the clubhouse, and collecting the payments within the stipulated time frame.

For example, in a cooperative housing society with a clubhouse, if the by-laws specify that the maintenance charges are to be divided equally among all members, each member would be billed accordingly for their share of the clubhouse usage. Failure to pay the billed amount may result in penalties or other consequences as outlined in the by-laws.

In conclusion, the billing for common area usage, such as a clubhouse, in a lease agreement is determined by the maintenance charges set by the society or association as per the by-laws, ensuring fair distribution of costs among the members.

References

• Rule 115 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

• Section 21 of the Gujarat RERA Act