Levying of mainenance charges in co op hsg soc mumbai.

Yes. According to the Model Bylaws of CHS, in Maharashtra, including Mumbai, the mainteance charges are indeed manadatory.

Please read out the Bye-Laws loudly for the benefit of all members.

Bye Law 83 states:

“Every Member shall pay the parking charges for the number of slots allotted to him/her at such rate as may be decided by the General Body of the Society. If your society has allotted parking slots to members, then parking charges become a payable charge once determined by the General Body.

But this is not a blanket mandate in all societies that they must levy parking charges even if no parking slots are allotted or needed.

Parking charges become compulsory only if:

The society has allotted specific parking slots to members, and

The General Body meeting has fixed the parking charges under Bye Law 83/84.

The levy of charges by the Society as per proportion mentined under byelaw Nos.65, 66 and 67 is mandatory. Model Byelaws themselves are recommendatory. If the members of a particular society want that the proportion should be different. they should get the byelaws amended following the procedure to amend byelaws and get it approved by the Registrar of Co-operative Societies. In Mumbai Registrar means Assistant Registrar of the concerned Ward. The Chartered Accountant (Auditor) has no say in this matter. He has to follow the approved byelaws.

It is not mandatory as far as the Parking Charges are concerned. The General Meeting can fix the parking charges or even decide not to collect any parking charges. Calling the General Meeting is the responsibility of the Managing Committee. But once the General Meeting passes resolution to levy parking charges it would become mandatory to pay on members who park their vehicles.