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M J Mendonza (Vice President-Legal & Company Secretary)     08 May 2017

Maintenance charges in co-operative housing society

Case for Opinion We are a Co-operative Housing Society registered under the Maharashtra State Co-operative Housing Societies Act. We have 16 members. The members have elected 5 members to the Managing Committee. We have 3 flats of around 600 sq ft, 6 flats of around 850 sq ft, 6 flats of around 1200 sq ft and 1 flat of around 2500 sq ft with private terrace. At the Annual General Meeting held in 2013, the members had approved the covering of the terrace with tin sheets by way of preventive maintenance to protect the society terrace surface from wear and tear and water seepage. At the same meeting the members approved the construction of an office for the functioning of the Society since the Society did not have any office premises to function from. In 2017, the Society executed the decision of covering the terrace and construction of Society Office. The costs for the same is being collected from the members based on area of their flat as per clause 67 (a)(iii) of the Model bye-laws which have been adopted by the Society and registered with the Deputy Registrar of Co-operative Societies. All the members bar one have been paying their contribution regularly and without demur. One of the members, who is also a member of the Managing Committee and party to all the decisions, and owns an entire floor terrace flat just below the Society terrace has objected to the method of collecting charges for the covering of the terrace and construction of Society Office. According to him, the charges should be levied equally to all members and not according to area. He is unable to quote any provision in the bye-laws to support his contention. This matter has come up before the Managing Committee. The members are of the view that the method of collecting charges are correct as per the bye-laws. However, the dissenting member has a contrary view and has been insisting that his view prevail over others. In order to have more clarity on this matter it has been decided to refer the matter to you for your opinion. We, therefore seek your opinion as to: 1. Whether the method of collecting charges from the members for covering the terrace as per area is correct or not? 2. Whether the method of collecting charges for construction of Society Office as per area is correct or not? 3. In case you have a contrary opinion, please provide reasons and justification for the same with reference to the bye-laws or legal case laws.


 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 May 2017

Most debates centre around the decision of making the charges on the basis of sq.ft. of each Flat or on a uniform basis where every flat pays equal Society Charges.  This debate gets more pertinent in Societies with high variation in the area of the Flats.

M J Mendonza (Vice President-Legal & Company Secretary)     16 May 2017

Thank you for your views. However what is your opinion on the queries?

 


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