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Sayed Maqsood Ahmed   30 October 2022

Maharashtra cooperative housing society act

dear learned advocates

my housing society is asking flat owners to contribute money to carry out water leakage work on podium outside area.

kindly advice if society is correct to ask for funds from owners as per the above act.

immediate response would be highly appreciated

Best regards


Learning

 5 Replies

Dr J C Vashista (Advocate)     30 October 2022

The podium is part of complex of the society and maintenance of the premises, for which members have to contribute.

Sayed Maqsood Ahmed   30 October 2022

Thanks  sir

But society is obliged to carry out outside maintenance work from the repair funds we are contributing in the maintenance charges.  Correct

Best regards 

P. Venu (Advocate)     30 October 2022

The society is constituted of the members. Any decision of the society, in accordance with the due process, is binding on all the members.

Sayed Maqsood Ahmed   30 October 2022

Thanks sir 

But our MC of the society is passing resolutions which are not as per the housing cooperative society act.

How can they ask all flat owners to contribute to carry out work outside the building.  It's the moral duty as per Section 158 a of the society act clearly mentions that the society must carry out any major works outside premises at their own costs because we are contributing certain amount from our maintenance charges towards sinking and major repairs. 

Look to hear from you

Best regards 

 

P. Venu (Advocate)     31 October 2022

If the MC is wrong, the General Body can remedy the lapse.


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