We are a society of 4 wings. A B C and D. A wing and B wing are 7 floors each and have only one lift in each wing. C wing and D wing are of 12 floors each and have two lifts in each wing. The society has decided to replace the lifts at a total cost of over Rs. 1cr. A resolution was passed at the AGM where the majority of the members felt that this amount should be collected on a square foot basis from all members.
However one of the members and the managing committee wrote to the deputy registrar to challenge this decision claiming that it was an unfair and unjust resolution. The deputy registrar sent a reply saying that we should follow by law 67 (a) (4) which states “equally by all the members of the building in which lift is provided”
Please clarify if: 1. The resolution passed by the AGM overrules the letter from the deputy registrar.
- If we have to follow by law 67 (a) (4) does each wing pay separately for the lift in their respective wing or do all members contribute equally for all the 6 lifts?
The managing committee says that we are one building as per the agreement with the builder and hence everybody has to contribute equally for all the lifts.
I C Naik
Contribution to society funds and sharing of outgoings by members is governed by the applicable bye law number of the registered bye-laws of the concerned Cooperative Housing Society. A person submitting any cooperative related question is required to furnish mention your State and the Society Registration Number. This gives information of Model bye-laws which are applicable to the society to which the question relates. In the advice being given herein it is assumed that your society’s bye-laws as per Model 2001 are applicable. My advice will not be applicable; this assumption is wrong.
The Dy Registrar advised to follow Bye-law No 67(a)(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.
It is not very clear as to what exactly the AGM resolved.
Going by what DR advised, the Committee has to identify lift replacement costs for every building separately. They are to be apportioned to every flat owner in each building equally. This will mean members having access to only 1 lift will bear less as compared to those having the luxury of 2 lifts.
