Maintenance and Utility Disputes

Are there standard formulas (e.g. per sq. meter, per share) that are legally preferred for maintenance calculation?

Yes, there are standard formulas prescribed under the Gujarat Cooperative Societies Act, 1961 and Rules for maintenance calculation.

Yes, there are standard formulas prescribed under the Gujarat Cooperative Societies Act, 1961 and Rules for maintenance calculation.

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Short Answer

Yes, there are standard formulas prescribed under the Gujarat Cooperative Societies Act, 1961 and Rules for maintenance calculation.

Detailed Explanation

Rule 66 of the Gujarat Cooperative Societies Rules, 1965 states that the maintenance charges payable by members shall be determined based on the area of the premises owned by each member. This means that the maintenance calculation is typically done on a per square meter basis, where each member's share is proportionate to the area they own within the cooperative society. This formula ensures that members contribute fairly towards the maintenance expenses based on their property size.

Furthermore, Section 123 of the Gujarat Cooperative Societies Act, 1961 empowers the cooperative society to levy charges for maintenance, repairs, and other expenses as per the prescribed rules and bye-laws. This section provides the legal basis for determining maintenance charges and ensures that they are collected in a transparent and equitable manner.

In practice, cooperative societies often adopt a standardized formula based on the total maintenance expenses divided by the total area of all premises owned by members to arrive at the maintenance charge per square meter. This approach helps in maintaining consistency and fairness in the calculation process.

Practical Examples

  • In a cooperative housing society with 10 members and a total maintenance cost of Rs. 50,000 per month, if the total area of premises owned by all members is 1000 square meters, the maintenance charge per square meter would be Rs. 50 (Rs. 50,000 / 1000 sq. m).

  • If a member owns a 100 sq. m flat, their monthly maintenance charge would be Rs. 5000 (100 sq. m * Rs. 50/sq. m).

Reference

  • Gujarat Cooperative Societies Act, 1961: Rule 66

  • Gujarat Cooperative Societies Rules, 1965: Section 123

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