Query from Komal Karkera

Komal Karkera

REG NO MUM -2/WL/HSG/(TC)/8780/2002-2003/Yr.2003 dated 4-3-2003

The above is our society registered number.

I stay in a tower, 1 BHK, 575 area .This tower is of 11 floor and there are 6 flats in each floor ,10 flats are converted into one flat (amalgamated ),done directly with the builders and some later on.

We are doing the lift repair work and which is 16 lakh approx but the cost is divided between 56 flats instead of 66 flats, is it correct. As per our society 10 flats have one door.

1.On the name plate there are two names 2.They say their flats are amalgamated 3.Some say they have one door (for two flats converted into one). 4.Some have two meter 5.Some have one meter

Please advise how should the maintenance all the other lift and painting works should be charged. Is there different rules for charging maintenance for towers?

I C Naik

Dear Komal

As your housing society was registered on 4-3-2003, your society’s developer must have proposed 2001 model for registering as your society’s bye-laws. I am making a further assumption that your society has not adopted subsequent Model 2009 or 2014.

There are 11 X 6 = 66 Flats (1BHK). After amalgamation of two flats each in to one there now 46 1BHK and 10 (amalgamated 2b 2H 2K).May be it could be different but that may not affect our thinking going forward.

Society Charges are to be collected by the Committee strictly as per bye-laws. Bye-law No. 68 (relevant part extracted):

  1. “(a) The Committee shall apportion the Share of the following basis each member towards the charges of the Society on:

(v) Expenses on repairs and maintenance of the lift, including charges for running the lift : Equally by all the members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.”

Different basis are fixed for different expenses. For example clause(vi) Service Charges : Equally divided by the number of flats.

Clause (b) of bye-law No. 68 provides“The committee shall fix in respect of every flat the society charges on the basis laid down under the bye-laws-law No. 69 (a).

If the society wants some other basis the above clauses have to be amended accordingly. Coming to amalgamated flats one question is was it done in due compliance of law? It may not be.

Even if it was amalgamated flats will be counted as two units of 575 SqFt each. But it is immaterial as Lifts have to be the responsibility of all members equally irrespective of number of flats.

So in your society there is no dispute. If any member thinks differently let him put down his views and you are most welcome to share with me.

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