Common maintenance resolution passed in gbm

In Maharashtra there are Model Byelaws for co-operative housing societies. According to the Model Byelaws repairs and maintenance charges should be proportional to the construction cost of each flat.  As construction cost is generally calculated based on the floor area of each flat, it can be said that the charges are same as proportional to the size of the flat. All other expenses are grouped as service charges and are equally shared by all flats. In Tamilnadu all costs are proportional to the area of the flat.  As Maharashtra and Gujarat had a common ancestor i.e. Bombay State I thought Gujarat also may have a Model Byelaws. Maharashtra Model Byelaws are available for purchase from the Mumbai Housing Federation. Their phone number is 022-2266 0068.

yes i knew this and found calculation also but our society opts common maintenance bye laws.  I had a Gujarat Co-operative Societies act 1961 book and also have society bye laws copy. but still confused

Are there no model bye-laws in Gujarat?  What does that say?  How costs are to be shared among big flats and small flats, is not a matter to be decided by the General Body, because in a General Body each flat owner will vote for what is most favourable to himself. Also the question will arise whether in such voting it should be one member one vote or votes proportional to the area of the flat. This matter of sharing of costs should be on the basis of an outside disinterested source. If Gujarat does not have its own Model Byelaws, you take Maharashtra bye-laws or Tamilnadu Act for guidance. If your office-bearers or general body does not agree, you complain to the registrar of co-operative societies. If the registrar does not agree, go to co-operative court. You also ask for a stay on collection of subscripttion until the matter is decided by the court. You will surely win if you go to court.

Respected Ramani, 

There is also model by laws in Gujarat and clearly mentioned that how can society create fund from members. According to the our society Model Byelaws common repairs and maintenance charges should be collected from members.  There is no any single line in our society model bye laws for proportional construction cost of each flat and construction cost as calculated based on the floor area of each flat. 

There is clearly mentionted in previous post, i.e society GBM held on last month and resolution passed for equal maintenance for all types of apartments with majority.  than after some 02BHK residents / owners opposed for equal maintenance and demand for different maintenance for various type of apartments and they have no majority. Majority of 2bhk members aslo vote for equal maintenance. 

As a committee chairman, dont want extra expense burdan to society for legal procedure. This is my motive. 

Read more at: https://www.lawyersclubindia.com/forum/common-maintenance-resolution-passed-in-gbm-223873.asp#reply

I am sorry. I misunderstood that you are representing small flat members. The small flat members who are aggrieved can go to court as suggested by me.