By Legal Bureau
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.
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Hi ,
Would like to know more on this, if you could please guide me where can i find this information as directed by the High Court.
Regards
Jayant Mehta
This judgement of Bombay Highcourt is applicable between MIG & LIG also.
Would like to know if this is also applicable to Apartments registered under Apartment Owners Act.
What about the Maharashtra apartment ownership act 1970 where monthly charges are paid as per value
1)Was this post published in accomodation times news paper? If yes when.
inspite of showing this post and the rule of bye-laws book 69-A-6- service charges to be charged equally and the commitee tend to charge it on size of flats then what ?
This post is not an authenticate document. You will need to obtain the appropriate court order copy from Bombay HC, or contact your local Registrar’s office. However, after producing this certified copy of the order or any directive from the Registrar’s office to your Society’s managing committee, if they still do not comply with the order, then it amounts to Civil Contempt of Court, which may amount to Criminal Contempt (depends on situation) and the Committee member could go to jail and/or have to pay fine.
where do i get the judgement copy and the societies act copies. if any links available online, may please communicate.
Hi, Can you please provide me with a case number and date of Judgement so that I can get a copy of the judgement. Thanks.
Bigger flats have more water taps, more power points, more toilet blocks, more moving space. Naturally, they have to pay more for all these conveniences. I am suggesting that common facilities like staff salary, accounts writing, stair-case and street lighting etc. may be shared by the members equally, but, water charges, electricity charges for pumping water, property tax insurance an sinking fund should be borne by the members based on the area of the flat.
Tomorrow you will say charges to be decided on no. of members residing in flat. e.g. 1 bhk having 7 members should be changed more maintenance than 2 bhk having 3 members. Remember even though 2/3bhk, there members do not take bath in all the bathrooms & most importantly not go in all toilets every day. Think with some common sense dear
Can you provide the No. of the writ petition and the year in which it was filed, in which Justice Rajan Kochar gave the judgment that co-op housing societies cannot charge maintenance on the basis of the area of the flat. Is the judgmenr reported? If so in which Law Report?
PLOT holder society is having various size plots. Many PLOT owners have purchased more than 1 Plot on their name.
ONE-Time maintenance was taken by developer at the time of purchase of each plot.
Due to fraud of developer, he misused ONE-Time maintenance.
Hence all Plot holders formed Society and started collecting maintenance charge to run the society for common services such as security, house-keeping, street Lighting.
in AGM due to majority of such multi Plot owners dominance, maintenance charge was decided on paying unit i.e. even though 1 person has 10 plots on his name, but resides only on one plot, it is called 1 paying unit.
Here injustice is felt, as 1 plot holder pays same maintenance amount and person having 10 plots also pays same maintenance amount, but enjoys / consumes more society expenditure due to increased society amenities for example – Security boundry wall construction. i.e. When he is having 10 plots, so society security boundry wall length is also increased and society spending for him also increases. So as per logic, he should pay more maintenance charge, as society is spending more for him.
My question is – Is there any rule for how to calculate maintenance charge for PLOT holder’s society.