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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

 6 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.

Monika Sharma   25 August 2023

dear sir/madam,

in my society, i have been facing some issues due to my parking area. people use to keep the bikes in front of my car hence i am not able to take my car out. in the past i faced this difficulty even in emergency situuation. i asked society to provide any solution but the didn't. so after battling so many years, i have kept my another vehicle in that area so that i can take my car out as and when required. now society is saying that they will impose the five times fine if within 15 days i ll not remove the extra vehicle which i kept to protect my drive way. that is not blocking anyone else's way in any sense.

it is mental harrassment as society is not providing me the solution and also not allowing me to protect my right as well. please advise how to handle this situation. any talks are not effective as they are biased and threaten me every now and then 

Thanks 


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