Short Answer

No, a tenant cannot be held responsible for maintenance dues they run up. The responsibility for maintenance dues lies with the owner of the premises.

Detailed Explanation

Section 23 of the Gujarat Cooperative Societies Act, 1961 states that the maintenance charges of a cooperative housing society shall be paid by the member or holder of the share. This means that the owner of the premises, who is the member of the cooperative housing society, is liable to pay the maintenance dues and not the tenant. The Act clearly distinguishes between the responsibilities of the owner and the tenant in this regard.

Furthermore, Rule 26 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the procedure for the recovery of dues from the members of the cooperative society. It outlines the steps that the society can take to recover any outstanding maintenance charges from the owner of the premises, who is a member of the society. This rule reinforces the principle that the owner is responsible for the maintenance dues.

In practice, this means that if a tenant runs up maintenance dues during their tenancy, the cooperative society cannot hold the tenant accountable for these charges. The society must seek payment from the owner of the premises, who is the member of the society and ultimately responsible for the maintenance dues.

Real-world Scenarios

• Scenario 1: A tenant in a cooperative housing society fails to pay the maintenance charges for several months. The society cannot take legal action against the tenant for these dues but must approach the owner of the premises for payment.

• Scenario 2: The owner of a property rents it out to a tenant who incurs maintenance dues but refuses to pay. The cooperative society must communicate with the owner to settle the outstanding charges as per the Act and Rules.

• Scenario 3: In a shared accommodation scenario, if one tenant is responsible for unpaid maintenance charges, the cooperative society cannot hold other tenants accountable. The responsibility still lies with the owner of the premises.

Reference

• Section 23 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 26 of the Gujarat Cooperative Societies Rules, 1965: Official PDF