Dilip Tambwekar
I am member of a new residential cooperative society yet to adopt 97th constitutional amendment bye laws. Till this time we are charged maintenance as per area of flat. But now, I heard that they are going to charge as per Unit (As 2 bedroom flats have a single agreement and 3 bedroom flat has two agreements one with husband as 1st and wife as second and in second agreement wife first and husband second.) Hence, 2 bedroom will be one unit and 3 bedroom will be 2 units resulting they are going to charge 1/3rd to 2 bed flat and 2/3rd to 3 bedroom flat irrespective of area resulting reduction of 2 bed flat maintenance and heavy increase in 3 bedroom flat. Please advice me, as is this a legal act? 2 bed flat having area 1100 sq ft and 3 bed flat 1400 sq ft.
I C Naik
The Government has issued a mandatory order as under :[Extract]
??“the government directs under Section 79 (A) of the Maharashtra Co-operative Societies Act, 1960 as follows :
1) The Co-operative Housing Societies should charge the maintenance charges equally to all flats” as earlier under rule no 71 (A) (7) of model bye laws they accepted.
2) The Above order shall be applicable to all residential flats and commercial galas in all types of registered Co-operative Housing Societies. Similarly these orders will come into force from 26/05/1999 respectively.
3) Those housing societies have collected maintenance charges from their members as per the government order dt. 26-05-1999, then such societies should return the said maintenance charges to the concerned member or adjusted in the next months monthly charges with the consent of the concerned members.
4) All the registered co-operative housing societies in the state should make necessary amendments in their bye-laws as above. However, even after not doing this, these orders shall come into force from dt. 26-05-1999 respectively.
By order and in the name of the Governor of Maharashtra.
?Read full text on this url page 65-66
https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Housing%20Manual%202012%20English.pdf ?