Levy of society maintenance charges on per flat basis

Asif Khan (Querist) 23 June 2021 This query is : Resolved
Dear All, I am the owner of a flat in Thane (Maharashtra) whereby the co-operative society is not registered yet. From past 2 year the builder was maintaining the society with tanker water charges. I had paid the 2 years advance maintenance to the builder at the time of possession. Now the builder is backing off and telling us to form the Resident welfare association(RWA) and run the society on our own. Now we have formed the RWA and there have arise disputed regarding maintenance charges to be charged from each flat owner. Our building consist of both 1BHK and 2BHK flats. As per our discussion the builder has asked us to maintain only three things i.e 1. Tanker Water supply service 2. Housekeeping 3. Security and remaining thing such as LIft repair, Building repairs, other repairs will be handled by builder. Now the issue is that these 3 services will be used equally by all the members of 1 BHK and 2 BHK and all have same water inlets in their flat. Now majority of the members of 1 BHK are asking to follow per sq.ft rate of 3.75 for the above 3 services. My question is that is the above stance legal, as all the above services will be used equally by all the members irrespective of Flat size. Can we follow the method of per flat and divide the total expenses of above 3 services 1. Tanker Water supply service 2. Housekeeping 3. Security equally as per number of flats???? Please suggest the same as per legal point of view and actual practice. Thank

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A discussion arose regarding the levy of society maintenance charges for shared services such as tanker water, housekeeping, and security. The core question was whether these costs should be divided equally among all flats, regardless of size (1BHK vs 2BHK), or charged on a per square foot basis. Legal precedents, including a Bombay High Court ruling, suggest that for services enjoyed equally by all residents, an equal per-flat charge is often considered fair and legal, provided a resolution is passed by the general body.

SHIRISH PAWAR, 7738990900 (Expert) 24 June 2021
Hello,

Yes, you can divide equally fixed expenses between the flat owners. Pass the resolution in a meeting for collecting the maintenance.

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Asif Khan (Querist) 24 June 2021
Thanks Sir for the reply. Can you please quote any section or circular for my reference. Also can majority in the members decide to not follow the bye laws.

P. Venu (Expert) 24 June 2021
In this context, the Bombay High Court held in the case Venus Co-operative Housing Society Ltd. v. Dr. J.Y. Detwanthat the resolution of the society levying differential charges on the basis of the area of the flats was arbitrary, unreasonable, without any rational and without any source of power. It held that services of the society were enjoyed by all the members equally and there was no reason for the society to make the large flat holders pay more on the basis of the area of the flats. It held that though the supremacy of the general body cannot be doubted, even the supreme general body had to pass resolutions considering all facts and circumstances of the matter. The general body cannot pass arbitrary and unreasonable resolutions merely because it is supreme and it has a large majority in favour of any issue on the agenda.

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T. Kalaiselvan, Advocate (Expert) 26 June 2021
The association can convene a general meeting attended by all the members of the association, pass a resolution to share the said charges equally as this involves equal consumption by all the members and there is no reason to split the charges on square feet basis.
That would not be fair and would not justify the larger flat owners especially when such services are common to all and not that the smaller flat owners consume less

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Asif Khan (Querist) 26 June 2021
Thanks to all experts. Really appreciate your advice.

T. Kalaiselvan, Advocate (Expert) 26 June 2021
You are welcome for your appreciations

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Dr J C Vashista (Expert) 27 June 2021
Consensus decision in general body meeting of members will solve your problem

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