I run a health care facility measuring 1500 sq ft in suburbs in Mumbai since 2010.
All these years I was paying society maintenance on sq ft basis and 4 times higher than residential flats. Recently in AGM I pointed out the committee members about equal distribution of common maintenance charges which has to be flat wise irrespective of a residential or a commercial status.
The members of the society still print the bill demanding common maintenance on a sq ft basis. They are planning to overrule the law by voting in AGM stating if they have a 80/20 majority they have the right to charge on sq ft basis. I am helpless. How can I tell them that you cannot change or challenge the law? Please guide me.
I C Naik
In the absence of necessary information namely the registration number and name of State of the Housing Society my advice is based on assumption that the Society is registered in Maharashtra and in the year 2010-11 but before 24 12 2010 (2009 Model was released). Further the registered bye-laws of your C H S are in force as none of the subsequent Models namely 2009 or 2014 has been adopted by the Society.
Management of maintenance charges in your Housing Society is laid down under Chapter VII LEVY OF CHARGES OF THE SOCIETY. This is the duty of the Management Committee and can not be varied in general body meeting or in meeting of the Management Committee until any of the bye-laws No. 67 to Bye-law No 72 is amended by following a procedure laid down under Bye-law No 167. “Amendments to the bye-laws of the society” Most important condition is the resolution is passed by not less than 2/3rds majority of the members present and voting at the meeting of the general body of the society
You must go through relevant bye-laws in the registered bye-laws of your C H S a copy of which you can get from the Society paying copying costs or have a look at free in the office after fixing time in advance.
You may rewrite your questions after that since you will be much better equipped to raise accurate question and get more realistic advice.
