Managing committee asking contribution based on flat area

As per the Maharashtra Cooperative Societies Act, 1960, the distribution of expenses for redevelopment among society members can be decided through a resolution passed by the General Body Meeting (GBM) of the society. The Act does not explicitly specify whether contributions should be based on area or the number of units.

However, legal precedence often favors fairness and reasonableness in such decisions. Courts have previously emphasized the principle of equity in the apportionment of expenses related to redevelopment. The Bombay High Court, in the case of Nahalchand Laloochand Pvt. Ltd. v. Panchali Cooperative Housing Society Ltd., held that any decision concerning expenses must be fair and reasonable.

In your scenario, advocating for contributions based on the area of the flat might be justifiable considering that larger flats generally benefit more from redevelopment projects. However, the decision ultimately relies on the resolution passed during the GBM. It's crucial to check the society's bylaws and regulations as they might have specific guidelines regarding expense distribution.

To challenge or contest the decision made by the Managing Committee, seeking legal advice might be necessary. A lawyer specialized in cooperative housing society matters can guide you through the legal aspects and help evaluate the fairness of the decision based on legal precedents.

The Model Byelaws of Maharashtra prescribes certain expenses like repairs to be shared according to areas of flats and certain other expenses to be shared equally. Cost of repairs and maintenance have to shared proportional to the area of the flat. Service costs like sweeper, security electricity etc are to be shared equally. Repairs to lift also has to be shared equally. On this principle it would appear that as lawyer's fees is a service it should be shared equally. Anyway Managing Committe cannot decide this matter. It should be placed before the General Body for a decision. If small flat owners are larger in number, they will opt for proportionate share. If voting right were also proportional to the area of the flat, then larger flat owners may decide the issue. In logic this is called 'pathetic fallacy'. But under Maharashtra Co-operative Societies Act, 1960 it is one member one vote. Socialism please. If you go to the Co-operative court, and argue properly, there is a good chance of getting decision for equal sharing. Neither party would like to delay a decision.