Short Answer

Yes, a society can change the method of maintenance calculation from flat-wise to proportionate with a majority vote.

Detailed Explanation

Section 23 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make by-laws for various purposes, including maintenance calculations. Rule 14 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for making such by-laws. This means that the society can decide on the method of maintenance calculation through a resolution passed by a majority vote in a general body meeting.

In practice, if the society wishes to change the maintenance calculation method, it must first propose the amendment to the existing by-laws. The proposal should be included in the agenda of a general body meeting. During the meeting, members can discuss and vote on the proposed change. If the resolution receives a majority vote, the society can implement the new method of maintenance calculation.

For example, if a society currently calculates maintenance on a flat-wise basis but wants to switch to a proportionate method based on the size of each flat, they can do so by following the above process. The decision-making power lies with the majority of the members present and voting in the general body meeting.

Another scenario could be a society where some members feel that the flat-wise maintenance calculation is unfair as larger flats end up paying more than their fair share. By voting to change to a proportionate method, the society can ensure a more equitable distribution of maintenance costs among all members.

In summary, as per the Gujarat Cooperative Societies Act, 1961 and Rules, a society can change the method of maintenance calculation from flat-wise to proportionate with a majority vote in a general body meeting.

References

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

• Rule 14 of the Gujarat Cooperative Societies Rules, 1965: Official PDF