Repair Charges in Co operative housing society
Dinesh Rane
(Querist) 26 July 2011
This query is : Resolved
Dear Sir / Madam
I am residing in a co operative housing society of 40 members in mumbai. In our sty out of 40 members 30 members are having bigger flats i.e. 2 bedroom hall kitchen (900+ sq ft) and we 10 members are having small flats i.e. one rook kitchen (340 sq ft). Out of 10 members 5 members are having bigger flat too, that means there are only 5 individual members who are having small flats.
Now socieities committee, which majorly comprises of members with big flat owners is admant to charge the equal repair fund to all the members irrespective of area of flat. And further they have proposed the same in coming AGM to pass it with majority vote and as you see the majority members are itself with a bigger flat that amendmend bound to passed.
My question is, is AGM can pass such kind of amendment? and is that lawfully enforceble to all the members? If not then where i can appeal for this? and can i ask for a refund amount if charged extra or can i get kind of stay on such kind of unfair practices.
Also would like to know if i can take action against managing committee who is very much admant and not listening to the members in minority.
Pls help in this regard as in every charges they have already proposed to have equal contribution such as water charges, sinking fund etc also.
Regards
Dinesh Rane
ajay sethi
(Expert) 26 July 2011
please note that repair charges will be as per area of flats of society members .since flat was bought and money paid as per area of the flat in case of repairs charges will also have to be as per area . at the AGM point out the relevant provisions of bye laws . in case majority want resolution to be passed for equal charges record your dissent in the minutes of AGM
if necessary after AGM lodge complaint with registrar of cooperative societies pointing out the aforesaid facts
Dinesh Rane
(Querist) 26 July 2011
Dear Ajay
Thanx for such a quick response. But can a complaint to the registrar of co operative societies will be a quick solution? Can i stop paying such extrach charges charged to my bill and what about if any interest charged above it.
