Redevelopment issues in a Coop Hsg Society
Querist :
Anonymous
(Querist) 02 April 2011
This query is : Open
My father is a memeber of a plot purcahe type society of 19 members owning small medium and large flats.
This one of the (maybe only) societies that apportions repairs and maintenence expenses on all common areas like compund, terrace,landings .passages,pump room,compound wall etc on equal sharing basis .In almost all societies the sharing is on area basis except the common service charges.
The society is going for redevelopment wherin now one smaller flat holder is asking for equal sharing in additional FSI benefits by way of his having contributed to the expenses equally and also the fact that even in future he will have to share the burden for expenses in same way for maybe double the number of flats that may come up for the rest of the life of building.
Is his contenetion right. The byelaws and MCS Act 1960 are silent on same.
Whilst the Dy Registrar in 1990 gave an opinion on the request of larger falt owners that the expenses are to be shared, now he states that the smaller flat owner has to approach appropriate forum.
an anyone advice or is there any judgements?
Please advice
