By Legal Bureau
The new guideline of BMC which includes Flower Beds, Lift wells etc in carpet area will not effect the society bills.
The maintenance bills by co-operative housing societies cannot be charged on the basis of area of the flat. The size does not make more or less the services availed by the member. It is sensible to charge the maintenance bills equally from members of the society, rules Bombay High Court, in the court of Mr. Justice Rajan Kochar.
The Bombay High Court had passed a ruling previously stating that society cannot charge non occupancy charges one and half times of the services from its members.
Co-operative housing societies charge its members monthly for services like watchman, power, water, taxes etc. The societies charge its members on the basis of area of the flat. It charge more to big flats and less to small flats. According to Bombay High Court it is not fair practice. The Court has accepted that although the managing committee is authorised to fix charges in AGM, but it should take balanced and sensible decisions. AGM majority cannot do injustice to minority. The supremacy of AGM cannot take unjustified decisions.
So, how to charge its members? The society should follow state government rules according Cooperative Act.
The maintenance should be charged according to the provisions of the Act.
Venus Co-operative Housing Society, Worli ( Sea face ), had filed a Writ in the Bombay High Court. The application was dismissed on the above mentioned ground.