By Legal Cell
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.
Societies cannot charge bills on flat size in Maharashtra: Bombay High Court
What about the Maharashtra apartment ownership act 1970 where monthly charges are paid as per value
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.
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
Area is different and society charge maintenance also different actually maintenance is same because all monthly expenses distributed by all members so area is different but u need maintenance is same for all flat owners this is right or wrong pls tell me
It is not clear. Maintenance area wise or equal. Please clarify. And which act
Hi,
I have an office in a housing society and society charges maintenance to commercial property double the amount what it charges to residential property. Please suggest that is this a fair practice and any housing law states that commercial property to charged at double rates than residential property….
Is the same judgment applicable in Goa also ?
We have a housing society by name Radha Krishna CHSL, in Kharghar, Sector -11, . For the last ten years, the MC is charging maintenance charges on the basis of carpet areas of the flat, contrary to the Bylaws of the socity and in violation of the ruling of the Bombay High Court in the matter of Venus Co-op. Housing Society Ltd.
It is a oneman show of the Secretary.
It is simple. Go to goole and type the name of the Venus Co-operative Housing Socity Ltd. v/s. J.Y.Detwani & Ors. You can download with9in few minutes.
Sorry. The maintenance is for common amenities like watchman, lifts , AMC , etc and merely having bigger flats does not mean more to pay. It depends on occupancy
Excellent
Excellent
I want more clarification of the post
If members are more in smaller flats than bigger flats than definitely they will consume more water and more use of other facility in society so in that case why more charges from bigger flats.
Request where I can c d delivered judgement
Can I pay society maintenance charges in part ?
Please advise.
Pankaj Ajmera.