Hi,
My mother is a member of the society and owns 1 flat and 2 closed garages which she bought directly from the builder in Mumbai. My mother has paid maintenance charges for the flat on sq.ft. basis and for the garages Rs.200-300 on monthly basis. The Society's building recently went into repair and all the members were charged per sq.ft. as resolved in the SGM which we paid in full. When there was shortage of funds the committee called an another SGM to charge only garage owners another per sq.ft of the garages for the repair work that was conducted on the garage. When enquired the Society stated that it was an error on their part and did not charge for the garage which is also a part of the member's property. Since the garage owners were in minority the resolution got passed. The only repair work that was conducted in the said garages were of support beams and the foundation. The Garages are in the ground level of the building. We even requested the copies of bye laws adopted by the society, the quotation of the repair work, statement of accounts of the society, and all necessary papers from the society but they refused to do so stating confidentiality.
Queries:
1. Can the society charge only garage owners extra for the repair work conducted? If yes please let me know the under which bye law of the model bye law of Maharashtra Cooperative Society or judgement it is allowed. If not then the byelay or judgement. Since they are not ready to provide us with the copy of the bye law we have to rely on the model bye law.
2. Is Garage a part of the property as stated by the Society?
3. Can the Society charge members per sq.ft. as maintenance for garage in the future? Or charge closed garage and open garages on separate rates?
4. Can the Society deny the right of the member to inspect or to get the photocopy of the documents of the Society? What recourse does my mother have against it?
