Manoj Tandel 13 July 2020
Dr J C Vashista (Lawyer) 14 July 2020
|Originally posted by : Manoj Tandel|
|Dear Sir, There is separate maintainance in our society for commercial,rentals and owners. As follow commertial shop =750/- ,Rental =650/-,Owners 600/- ..commercial shop owners are creating issue by saying maintainance should be equal to owners.
All these maintainance are passed in AGM. But commercial Shop owner say they Will challenge this in upcoming AGM.. What are the bylaws regarding Maintainance.pls guide us on same.
@ Manoj Tandel,
Did you submit Bye-Laws of your society for consideration and respond to your question paper wherein you have asked, inter alia, that, "What are the bylaws regarding Maintainance.pls guide us on same. "??
G.L.N. Prasad (Retired employee.) 14 July 2020
Let EC members study various practices being adopted by other similar societies and adhere to laid down norms and as those opponents are less in number, majority can prevail for continuing the same criterion of maintenance charges.
AV Bagur Advocate (Advocate ) 14 July 2020
It is necessary to peruse the bye-laws of the Society, the agreement between the Society and the commercial property holders in the Society and also nature agreement, if any, by which the commercial property holders entered into the premises. This will help in understanding the legal rights of the parties.
As a thumb rule, the Society has powers to levy different charges for residential and commercial premises.
Dr J C Vashista (Lawyer) 15 July 2020
Cooperative Societies are formed and registered for a specific purpose which can not allow any other function/ activity to be taken up without amendment of Bye-Laws of the Society. Amendment of Bye-Laws qua from residential to commercial is "never" adopted by GB and approved by State Registrar Cooperative Societies..
Maintenance of the society is liability and responsibility of Managing Committee for which funds can not be raised at a different/ separate rate for residential vis-a-vis commercial.