As per West Bengal Cooperative Societies Rule 148 (2) "The cost of maintenance, repair or replacementof common areas and facilitiesshall be apportioned according to carpet area: Provided that where apportionment of cost according to carpet area is not considered equitable, the society may with the approval of the Registrar, realise the cost in such manner as it may consider fit."
The Bombay High Court in the matter of Venus Cooperative Housing Society vs Dr J Y Detwani and Others ruled that maintenance charges were to be paid uniformly by each flat and not by the area of the flats. In the light of this judgment, West Bengal Cooperative Societies Rule 148 (2) ought to be amended as many cooperative housing societies have adopted the practice of realising service/maintenance charges based on the area of the flats.
