Short Answer

A "non-occupancy" or tenant maintenance fee is a charge imposed by a cooperative society on members who have let out their premises to tenants. The society can levy this fee to cover the maintenance and utility expenses incurred due to the presence of tenants. There is a limit on how much the society can charge for this fee, which is usually determined by the society's by-laws or resolutions.

Detailed Explanation

Rule 23 of the Gujarat Cooperative Societies Rules, 1965 empowers cooperative societies to levy non-occupancy or tenant maintenance fees on members who have rented out their premises. This fee is meant to cover the additional maintenance and utility costs incurred by the society due to the presence of tenants. The rule specifies that the society can charge a reasonable amount as non-occupancy charges, subject to the provisions of the society's by-laws or resolutions.

In practice, the society typically determines the non-occupancy fee based on factors such as the size of the premises, the number of tenants, and the common area maintenance expenses. The amount charged as a non-occupancy fee should be fair and proportionate to the actual additional costs incurred by the society.

Real-world Scenarios

• Scenario 1: A cooperative housing society has a by-law stating that non-occupancy charges will be 10% of the maintenance charges paid by the member. This rule ensures that members who have rented out their premises contribute fairly to the society's upkeep.

• Scenario 2: A society with a large number of rented premises faces higher utility bills due to increased water and electricity usage by tenants. To offset these costs, the society imposes a fixed non-occupancy fee on members with tenants.

Step-by-step process:

• The society's managing committee determines the non-occupancy fee structure based on the society's needs and by-laws.

• Members who have rented out their premises are notified of the applicable non-occupancy charges.

• The fee is collected along with regular maintenance charges from the member-landlords.

References

• Rule 23 of the Gujarat Cooperative Societies Rules, 1965: Official PDF