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Umang (ceo)     08 March 2015

Cost distribution to upgrade existing lift

Dear Sir/Ma"am,

I am a member of a cooperative housing society in Thane, Maharashtra. The MC has proposed to upgrade the existing lift by replacing it with a new one. The proposed cost is around Rs. 7 lacs.
 
To cover this expenditure, the MC has proposed to charge Rs. 10 per sq. ft. for each flat. Our housing society houses flats of varied sizes.  
 
The concern here is, lift is a common amenity used by all. The lift maintenance is equally shared irrespective of flat size as per bye laws. Then can the society charge psf for renewing the old structure or should there be an equitable distribution of cost?
 
Your response on this with the right justification will be valued and appreciated. Thanks for hearing me out.  
Positively,
Umang


Learning

 2 Replies

Kishor Mehta (CEO)     08 March 2015

Sir,

Please refer section 66(a)(iv) of MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY(Tenant Co-Partnership Housing Society )  (2014 edition), which states that:

66. a. The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:

iv. Expenses on repairs and maintenance of the lift, including charges for running the lift : Equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.

Good Luck,

Kishor Mehta

T. Kalaiselvan, Advocate (Advocate)     10 March 2015

This matter could have been discussed and objected to in the meeting which passed a resolution to this effect, why did you keep quiet then and raise the issue now?, even now if it is not within permitted laws, you may raise your objection in writing to the MC and then decide about further course of action either legal or otherwise.


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