Maintenance and Utility Disputes
Can the society collect extra funds for repairs (like waterproofing) in addition to regular maintenance?
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Short Answer
Yes, a cooperative society can collect extra funds for repairs like waterproofing in addition to regular maintenance.
Detailed Explanation
Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the society to raise funds for various purposes, including repairs and maintenance. This section allows the society to levy charges on its members for repairs and maintenance work beyond regular upkeep. The society must follow the procedures outlined in the Act to collect these additional funds, ensuring transparency and accountability.
Rule 118 of the Gujarat Cooperative Societies Rules, 1965 provides further guidance on the collection of funds for repairs and maintenance. This rule specifies the process for determining the amount to be collected, obtaining approval from the general body meeting, and maintaining records of the funds collected and utilized for the specified purposes. It is essential for the society to adhere to these rules to avoid any disputes or legal issues.
In practice, when a cooperative society identifies the need for repairs such as waterproofing, it can convene a general body meeting to discuss the scope of work, estimated costs, and the proposed additional charges to be levied on members. Once approved by the majority of members present at the meeting, the society can proceed with collecting the extra funds for the specific repair work.
Real-world Scenarios
Scenario 1: A cooperative housing society in Gujarat discovers water seepage issues due to inadequate waterproofing. The managing committee proposes a plan for waterproofing the building and estimates the cost involved. They call for a general body meeting where members agree to pay an additional amount towards the waterproofing work.
Scenario 2: A cooperative society's common areas require urgent repairs, including waterproofing of the terrace. The society informs all members about the need for extra funds and holds a meeting to discuss the proposed charges. After obtaining approval, the society collects the funds and initiates the repair work.
Reference
Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 118 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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