I reside in a co-op society in Borivali, Mumbai. I am a part of the Managing Committee. My question pertains to the levy of maintenance charges. As of now we levy charges as defined in the bye laws where the common service charges are distributed equally among all members.
Now here is the problem. Our society comprises of 2 Wings (A & B) where A wing has 82 Flats and B Wing has 61 Flats. This basically translates into A wing paying more maintenance than B wing. Some members have been complaining that this is unfair as A wing members are subsidizing B wing members.
The problem is escalated when there are major capital expenditures and A wing bears brunt of the expense even though the items bought are shared equally between both the wings. Is there any provision wherein we can divide capital expenditures equally among both the wings?
I C Naik
In one cooperative society the subdivision is only per flat as one can see in the bye law No 69(a)[Model 2001). Society’s Common facilities are accessed by member familieies and it has no connection to a larger division of the Society. There are instances of split of Housing Societies and there are guidelines for that.
https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Housing%20Manual%202012%20English.pdf
On Page 78 the Government has advised as to how to register wing wise housing societies. Splitting an existing Society is provided under Section 17 of MCS Act 1960 with priorr permission of the Registrar and 2/3 Majority passing a resolution to that effect.
But for a non-issue, I would not advise you to create India-Pakistan type of situation. Work towards removing from minds of members that smaller wing means less common services. it is less not because wing is smaller but because sharers are less.