Major repair fund

Ruturaj (Querist) 02 June 2013 This query is : Resolved
Ours ia 90 members society with 25 shops of average 200 sq. ft. area and remaining residential flats with average 500 sq. ft. area. The managing committee did not pay heed to maintenance of the building for last 10 years and now the society is served with two notices from B.M.C. stating building is in dilapidated condition and need urgent repairs.
The committee has asked each member to pay 45000 in two equal installments as an emergency repair fund.
Being a shop owner I felt this repair amount share should be calculated areawise. Means the shop owner occupying less area will shell out less money and residential flat owners occupying large area will shell out more contribution.
This is what I read in cluse 13 (E) (B) in new model bye laws of the society. Our society has not yet adopted the new bye laws. I asked for explanation from society about the how the figure of contribution is calculated and why not it is calculated on area basis as per clause 13. But my 30 days old letter is not yet answered.

The question is in all the above circumstances is my stand of "calculating share of each member of major repairs on area occupied by that member basis" valid?

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Raj Kumar Makkad (Expert) 02 June 2013
Proportionate amount is required to be charged from each occupier by the society in the given case and thus your stand is legal and justified.