Short Answer

No, the society cannot force members to fund 100% of a repair that benefits only one flat.

Detailed Explanation

Section 66 of the Gujarat Cooperative Societies Act, 1961 states that repairs and maintenance expenses of the society shall be met by the members in proportion to the benefits derived by them. This means that any repair or maintenance work that benefits only one flat or a limited number of flats should be borne by those specific members and not the entire society.

Furthermore, Rule 91 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the procedure for levying charges for repairs and maintenance. It mandates that the society must determine the proportionate share of each member based on the benefits accrued to their respective flats. This ensures fairness and transparency in allocating repair costs among members.

In practice, if a repair work such as fixing a leakage issue in a specific flat is identified, the society should calculate the cost involved and allocate it solely to the owner of that flat. This prevents other members from bearing the financial burden of repairs that do not benefit them.

For example, if a water pipe burst only affects one flat in the society, the society should collect funds from the owner of that flat to cover the repair expenses. Similarly, if a lift servicing is required for a particular flat, the cost should be borne by the owner of that flat alone.

In conclusion, as per the Gujarat Cooperative Societies Act and Rules, repair and maintenance expenses should be distributed among members based on the benefits received. Therefore, the society cannot compel all members to fund 100% of a repair that exclusively benefits one flat.

References

• Section 66 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 91 of the Gujarat Cooperative Societies Rules, 1965: Official PDF