Query from Avinash Kudtarkar

Maharashtra , TNA (VSI)/ HSG (TC) 9422/97-98

Our society has taken up major repairing, but has fixed contribution of equal amount to members irrespective of one’s unit size. As shops are of lesser areas we took objection and asked to charge on per sq. ft. basis.

But as we are less in number (9 shops) they passed it in SGM taking advantage of majority (74 flats of which 57 were present in SGM). We made complaint with Dy. Registrar, but Registrar says that per sq. ft. rule is not compulsory now and she has no rights to dissolve SGM resolution and ask us to go to cooperative court. Please guide as we don’t want to indulge in court proceedings.

I C Naik

For major repair contribution by members unfortunately registered bye-laws of your society (Model 1984) are silent.

Bye-law do provide for basis of determining the members’ contribution to minor repairs to buildings namely:

“Bye-law No. 13. The society shall create and establish the following funds by collecting contributions from its members at the rates mentioned hereunder:

 (a) The Repairs and Maintenance Fund, at the rate fixed at the meeting of the general body from time to time, subject to the minimum of ¾ per cent per annum of the value each flat for meeting expenses of normal recurring repairs.

 (b) The sinking Fund at the rate decided at the meeting of the general body, subject to the minimum of ¼ per cent per annum of the value of each flat, excluding the proportionate cost of the land.

As a rational thinker a majority members must believe that basis of minor repairs can equally become basis for major repairs unless a strong logic is proposed for testing the wisdom of the majority to do otherwise.

As regards advise of the DR to raise a dispute before the Cooperative Court, it is not incorrect. As you do not wish to go the Cooperative Court , I suggest you may meet the DR once again. You can draw her attention to the Government Circular No. SAGUYO – 2002 / PRA.KRA. 365 / 14.SA, Mantralaya extension, Mumbai – 4000032. Date: – 02 November 2002. The Government has advised the Registrar

inter alia:

  1. If there are some differences of any members with the Managing Committee regarding monthly maintenance charges then they should solve themby applying to the Competent Authority. The Registrar should take precaution of deciding the complaint regarding monthly maintenance charges within onemonth of receipt.
  2. This circular should be brought to the notice of all the Dy. Registrar/ Assistant Registrar all District Deputy Registrar. Similarly the Dy. Registrar, Cooperative Societies should take action in bringing to the notice to the Federation of Housing Co-operative Societies in the state.

You will find text this Circular at Page 75 of the Housing Manual on following link

https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Housing%20Manual%202012%20English.pdf

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