• Maharashtra Coop Society Act

Under Maharashtra Coop Society Act , please give us cases where it clearly highlights that the major repair funds & expenses for structural repair in the Cooperative Housing Society , mumbai is distributed on the area basis & not unit basis . Would appreciate recent cases .
Asked 4 years ago in Civil Law

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8 Answers

There is no such case law

Law is well settled by judgment of Bombay High Court in case of Veena Coop Housing Soc that contribution has to be on unit basis and not area basis

Its not that individual flats are being repaired warranting members with lesser area to pay less and members with bigger area to pay more

Its repair of the society building as a whole for which contributions are always on unit basis

Consider this - its not that by taking less contribution from members with lesser area the contractor will apply a differential treatment for repairs than he would for that portion of building which is occupied by members occupying bigger area. The contractor will apply the same uniform treatment for the entire society building. The area of the units is of no relevance.

Please check above judgment

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

The by laws clearly states that in case of major repair the fund has to be given on the basis of the the area.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Alternatively you may also gainfully refer to the judgment passed by the Hon’ble Bombay High Court in the case of Venus Co-operative Housing Society Ltd. vs. Dr. J.Y. Detwani [reported in 2004 (5)MhL.J. 197 : 2003(3) All. M.R. 570), wherein it was held that because the services available in a society are enjoyed by all the members (flat owners) equally, there is no reason for the society to make large flat owners pay more on the basis of their flat area.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No judgement with regards to the major repair as of now is available, to the best of my knowledge.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

What should be quantum of contribution towards maintenance charges, so also, what should be proportionate share of each member while raising funds for expenditure to be incurred for repairs is a matter to be decided in the general body meeting of the society by passing an appropriate resolution to that effect.

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Major Repairs Funds, as and when required and decided by the by the General Body at the rate fixed pro-rata on area basis.

It is recovered on basis of area of flats

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

It depends on the resolution passed by majority members in the general body meeting.

You can search for relevant rulings from indiankanoon.org.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The general body can decide about it and it is not mandatory but circumstantial.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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