Legal Question in Wills and Trusts in India

Dear sir,

I am staying in Pune. Our society consists of 178 flats with @100nos- 1 BHK,78 nos- 2BHK.

In the AGM society members have decided to charge maintenance on per sq.ft basis, which will make 2 BHK to pay more even though the common services are same for all categories.

Now the New Managing Committee have decided to charge the maintenance as under:

1.Service Charges which includes accountant,watchmen & sweeper's salary and Lift,Inverter,Intercom AMC charges to be divided equally amongst the no.of flats as per the by-laws.

2.Water charges,Sinking fund and repair & maintenance to be charged on per sq.ft basis as per the by-laws.

With this there is a resistance from 2 BHK members that the charges should be on per sq.ft basis as decided in AGM.

(Also please note that the Maharashtra Times dtd 18.07.2009 says that Mumbai High Court has given their decision on Venus Co-op society that the maintenance charges(external of the flats) should be equal amongst all.)

Please guide me what is the correct method of charging the maintenance.


Asked on 4/08/11, 12:22 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Check Bye-Laws and act accordingly.

Read more
Answered on 5/24/11, 2:49 am


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