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Housing Co-op Bye Laws

(Querist) 13 April 2011 This query is : Open 
While adopting the Bye Laws, the members approved a small amendment to Bye Law No.69((iii) by adding a sentence: “ Expenses on repairs and maintenance of Common Areas and Facilities as defined in sub-clause (xxii) of Bye Law 3 shall be borne equally by all members”, which is just clarificatory in nature.

Some members are taking exception to the above amendment on the plea that it does not conform to the Co-op. Laws and that even model bye laws are silent on it. Common Areas and Facilities are for the benefit and enjoyment of the members equally, irrespective of area of the flats. Naturally, the cost of maintenance has to be apportioned equally to all members. If not, it will create disparity in apportionment of charges. Can anyone clarify whether the amendment carried out is proper or not!!



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