Housing society bye laws and maintainence
Shefali
(Querist) 05 December 2013
This query is : Resolved
Housing Society Association has to follow government made bye-laws or association can make their own bye-laws based on quorum and enforce on other owners?
Where can we find housing society bye laws for flats in Bangalore?
In our society in bangalore which is very newly formed committee is charging same maintenance for flats of area differing by 100 or 150 sq. ft.
Committee's say is that 100 to 150 sq. ft is less difference and so maintenance will differ by some Rs. 100/- to 150/- only and so better keep it common.
Now the flats with less area(less by 100 sq. ft) will pay atleast rs. 100 more per month.
Committee president, Secretary etc are of bigger areas and so want maintenance common so that they can save their money and have come up with exuses to keep maintainence common.
Is this legal and valid act of committee?
Where can I complaint of committee?
Raj Kumar Makkad
(Expert) 05 December 2013
The maintenance is charged in the proportionate sizes of the flats and thus the policy in your society is erroneous and is not in accordance with the relevant soceity bye-laws.
You can obtain the copy of your State Act from any local lawyer.
P. Venu
(Expert) 06 December 2013
A Cooperative Society has no making powers. It can only make bylaws within the four walls of the statutory provisions.
V R SHROFF
(Expert) 06 December 2013
Bye Laws has clear provision for charges of Mtn .
It must be strictly followed.
CHS have no right to go beyond chs acts & bye -laws
Rajendra K Goyal
(Expert) 06 December 2013
CHS can make and effect its rules till these are with in the provisions of law. In case of any dispute, law will prevail over CHS regulations. Search State enactment in the matter and act accordingly.
Shefali
(Querist) 06 December 2013
Thanks all for the replies.
T. Kalaiselvan, Advocate
(Expert) 07 December 2013
A common/general/principle guidelines may be available for framing the bye laws you cannot get a particular type of bye laws to satisfy your taste and desires. In your association, the bye laws and rules governing other conditions were formed at the initial time itself, later on any amendments may be incorporated after resolutions passed to that effect in the general/special general body meetings. This subject can be discussed in the next general body meeting and arrive at abetter solution.
Shefali
(Querist) 12 December 2013
Thanks T. Kalaiselvan for the reply.
From your reply I understand that common bye law framed by government is to to adopted and committee/some flat owners cannot create/deviate the bye law to suit their own interest.
Even in gbm by forming a quorum of big area flat(who are more in number) owners the law
cannot be tampered to suit their interest.
Is my understanding correct?
Hemant Agarwal
(Expert) 13 March 2014
1. Under the Maharashtra Coop. Society Act, Rules and Bye-Laws, more specifically under bye-law no. 69, a Society has to charge is "Service and Maintenance Charges", on per unit /Flat basis and NOT on the area of unit /flat basis. This bye-law excludes statutory dues and taxes (Municipal Property Tax, NA Tax and so on).
2. The above has also been judgemented by Mumbai HC. Hence any General Body resolution, which is contrary to the aforesaid bye-law, can be safely flushed down the sewage drain.
You may also read my Articles, on the below mentioned blogsite.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Shefali
(Querist) 23 March 2014
Hello Hemant you have posted your same personal views on some more of my posts.
All will not agree your opinion of sharing your flat costs by keeping maintenance common.
If some one has bigger flat then they must spend big for its maintenance from their pocket instead of asking others by keeping maintenance common.
The 1960 and 1972 rules mention that maintenance must be charged as per the built up area is what I know from my discussion with lawyers.
Also if it is written in the absolute sale deed that all cost of maintenance will be as per the built up area of the flat or as per the share in undivided area then society cannot deviate and make maintenance common.
Does your blog express some standard formulated rule by government as I do not want to read any such non standard blogs expressing personal views.
Hemant Agarwal
(Expert) 24 March 2014
Kind Attention: "Shefali"
Since you are looking for answers to suit your own views and requirements, please ignore my above reply AND continue with your self-arguments and self-justifications.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
