Incorrect maintainence charged
Shefali
(Querist) 03 January 2014
This query is : Resolved
In my newly formed housing society(registered under Karnataka Apartment Owners Association Act 1972) in Bangalore committee is charging maintenance commonly distributed among flats.
There are flats with three different areas 500, 800 and 900 where I own 800 sq. ft flat.
In GBM no small area 500 sq. ft flat owners were present.
The common maintenance was proposed by committee members owning largest area 900 sq. ft. flats.
As the difference between the maintenance between 800 and 900 sq. ft. flat were less many of the 800 sq. ft flat owners agreed.
While some owners like me who did not agree were not listened as the majority in quorum agreed to keep maintenance common.
As per our knowledge the maintenance is to be charged which ever rule below SUITS the MOST:
1) Per square foot
2) Equal fee
3) Combined method where some expenses
will be common and some based on area
But the committee says they are free to select any one of the three and all are legally valid if decided in quorum though the rule may not suit everybody.
The committee says whatever is decided in quorum is final rule.
Is the committee correct in calling the quorum a final rule irrespective of implementing the exact calculation formula?
Is there anything we can do to tackle this problem?
Devajyoti Barman
(Expert) 04 January 2014
If you feel aggrieved by the majority decisions in Committee meeting, then you can challenge this by making written submission to the Registrar of Cooperative Society.
V R SHROFF
(Expert) 04 January 2014
Any AGM resolution can be challenged before Co-operative Court ONLY.
Registrar cannot interfere AGM Resolution.
So file compl in Co-op court.
Rajendra K Goyal
(Expert) 04 January 2014
For every adopted method some one or the other would show resentment. Hardly any unanimous method is available. In such situation the adopted method is presented with some or other argument in its favor like it is majority decision, AGM approved it, most of the societies are adopting it, it does not discriminate, it is most acceptable, it is not complicated and so and so on.....
However, if you are not satisfied, you may file complaint with the Cooperative court.
BAALASUBRAMANNYAMM
(Expert) 04 January 2014
You have every right to made a complaint before the cooperative tribunal.
Dr J C Vashista
(Expert) 07 January 2014
Challenge the decision of AGM as per law (Act) of the state, which do prescribe authority granted to the RCS/ RCS court. However decision of RCS/Court can be appealed before Commissioner or Cooperative Tribunal, as the case may be.
ajay sethi
(Expert) 07 January 2014
move cooperative court for necessary reliefs
Hemant Agarwal
(Expert) 13 March 2014
1. Under the Maharashtra Coop. Society Act, Rules and Bye-Laws, more specifically under bye-law no. 69, a Society has to charge is "Service and Maintenance Charges", on per unit /Flat basis and NOT on the area of unit /flat basis. This bye-law excludes statutory dues and taxes (Municipal Property Tax, NA Tax and so on).
2. The above has also been judgemented by Mumbai HC. Any General Body resolutions, which is contrary to the aforesaid society bye-law, can be safely flushed down the sewage drain.
3. The adjudiction jurisdiction of the Cooperative Court is restricted to only those Societies which are registered under the state Coop. Acts. In the instant case, since the housing society is registered under Karnataka Apartment Owners Association Act 1972, the Cooperative court will not have jurisdiction to hear the matter.
4. INTROSPECT:
INSTEAD of moving the slow-motion year-guzzling Coop. Courts, always PREFER to move the Consumer Court, for your grievances citing deliberate "negligence and deficiency", and claim damages and compensation too.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Shefali
(Querist) 19 March 2014
In entire India in all Coop. Society Act or Apartment Owners Association maintenance is to be charged per square foot if the areas are different and not on per flat basis.
I have commonly seen that big flat owners buy big flats but do not want to spend money on its maintenance and so advocate common maintenance per flat basis.
Dr J C Vashista
(Expert) 20 March 2014
The amount for maintenance of society is to be decided by members by majority and not by any authority, which can never be unonimously acceptable, however, you should abide by the decision.
