Lift operation certificate is issued by the municipal corporation and if there is no certificate of renewal issued then the lift has to be replaced by a new lift.

For sealing the cost of the lift is society has to pass necessary resolution in the AGM to collect the amount from all the members equally the matter that someone not agree to pay the amount that they will not use the lift does not make any sense and everybody is liable to pay the amount has agreed in the resolution incase any member is in defaulter of the payment the common services for him should be stopped and resident welfare Association can move the legal case against those defaulters to receive the amount including the legal charges and interest thereon

Resolution has to be passed in AGM for installation of new lift by majority vote 

2) all flat owners are liable to pay for lift upgradation 

3) non usage of lift is immaterial 

Hello,

I think there must be an association over there, otherwise all you need to do is to approach the court .

Regards

If resolution is passed in AGM it is binding on all members 

they cannot restrain you from removing lift 

See as you stated that property is 20 years old so society or association till date had collected sinking funds and other repair funds from the members as a per month maintenance. 

So now why they're asking new calculation to collect amount for new lift.  They should have reserve funds in the bank accounts.  Kindly ask them to withdraw those first than for remaining they can contribute remaining amount. 

As this is common using purpose lift so you can deny to particular people's not to use.  It's against the bylaws. 

Whether they pay or not pay.....  Nobody can stop common services use of all members.  

1. if the old lift is beyond repairs then all owners are equally liable to contribute for removal of old lift and installation of the new lift

2. few owners cannot refuse to pay their share under the pretext that they do not want to use the new lift 

3. such owners cannot also stop the others from removing the old lift

4. all owners are equally liable to contribute towards the common areas and facilities regardless of any owner using or not using such areas and facilities

5. few owners cannot hold to ransom the others who are inconvenienced due to the non functional lift

6. since this is a dispute between society/association members, the consenting owners will have to file a dispute case in the competent court against the erring members

Hello,

1. In an Association that is registered where common expenses are to be shared, the majority decision has to be implemented after giving sufficient notice in writing/following proper procedure.For those who are objecting to share the cost, their share of the expenses must be added to the maintenance bill.
2. They cannot stop the majority decision from being implemented. If the old lift is getting taken away make arrangements for its disposal and account for whatever is the income generated from the process. 
3. Provide sufficient information on quotes for new lift from more than one agency and keep the accounts transparent. Let notice be sent to each household of the Association with sufficient time for feedbacks and keep the local police informed of the decision to replace the lift with details of the minutes of the meeting, so that they are on standby should you face any resistance from the resenting voices.

It would be better for the association to pass a resolution to install new lift and pool the cost equally, who dose not to contribute shall be bar to use - both family and friends.

IF they not agree, complain to registrar of association or let the reach court. Also complain to municipal office to take notice of lift condition and issue direction to the association members to contribute to replace the lift otherwise seize the lift and impose penalty agasint those, as lift is constant threat to life and limb.

Joint ownership dose not meant - dilapidated gift cannot be renew, prepare engineer report first. 

The decision is to be taken by the association in the general body meeting in this regard and get a resolution passed by a majority vote.

The decision on this taken by the GB is final and binding on all the members, if some members are refusing to pay then legal action as per bye laws may be initiated against them for recovery of the common maintenance charges

The members canot defy the orders of the association.

The association is a registered body.

The decision taken in the general body meeting of the association is the authorised activity and all the members of the association are bound by the decision, hence the agitating members cannot interfere with the association's legal activities, legal action can be initiated against them for preventing the association from carrying out their work if they obstruct  this.

The committee shall regulate the operation of lifts, taking into consideration the convenience of the majority of the members of the society and all flat owners are liable to pay . 

even they dont want to use the lift the same is shared equally being common expenses in an association

You should issue a common notice to society members for paying equal amount for lift installation.

It doesnt matter they want to use it or not they are liable to pay the amount as per bye laws of society association.

1. If they are all from the ground floors, then they might be justified in refusing to share the cost of the lift for mother's benefit.

2. For them some equatable and reasonable share shall have to be fixed.

3. However, once the sharing has been decided in the special general meeting, the lift can be installed and the Society can claim the share from them as settled in the meeting.

4. If they refuse to pay, the  Society might file a recovery suit against them.

1. Old lift is an instrument for climbing to the upper floors.

2. Once it becomes old and unusable, it draws scrap value only.

3. The question is whether the lift has become old, unusable and advised to be abandoned by technical experts or not.

4. If yes, then you can scrap the said lift taking a certificate from technical expert certifying that it is dangerous to use the old lift and needs to be changed.,