Cooperative Housing Society Fees?

Question

I am living in Pune in a Row House society. The society fees are the same for all the houses, though every house has different square footage when it comes to garden, parking and the carpet area. The fees include the maintenance of exteriors of the house, garden and parking. I am of the opinion that the fees should be based on the square footage. But I keep getting an answer that the law doesn't say so. Can someone help me understand what is this law and where can I get details about the law.
Thanks

Answer 1

As per the model bye-laws, all common expenses i.e. "Maintenance" charges, are to be shared equally. This is a common grievance in flats having lifts where everyone has to share the lift expenses including ground floor residents, but that is the law. Only "Major Repairs" and Municipal taxes are computed pro rata as per area of individual tenement.

The older bye-laws also state that common maintenance charges are to be divided equally. But to make sure, please check your Society's registered Bye Laws. Make an application to the Secretary for a copy of the Bye Laws. They are obliged to provide you a copy within 30 days, or you can inspect the same at the Society's office on any working day free of cost. If your Society has adopted model bye laws, you can purchase these at any book store which sells legal books. You can also purchase MCS Act, 1960 for your reference. The paper back version should not cost more than Rs 200. Hope this helps.

Answer 2

Basically I agree with your argument that maintenance charges are based on the square feet basis. But since this relates to the Cooperative Housing Society, best course is to check the rules, regulations & byelaws as embedded in this Society deed, you can always challenge these rules, regulations & byelaws in the court of law under section 6 of the Societies Registration Act, 1860 if these are arbitrary & unjust in the eye of law.