Short Answer

Yes, the society can install differential maintenance (like higher for lower floors) by by-law.

Detailed Explanation

Rule 84 of the Gujarat Cooperative Societies Rules, 1965 allows cooperative societies to make by-laws for various purposes, including the regulation of the internal affairs of the society. By-laws can cover matters such as maintenance charges, common area usage, and other operational aspects. Therefore, a society can introduce a by-law that mandates differential maintenance charges based on factors like floor levels.

In practice, this means that a cooperative society can pass a resolution to amend its existing by-laws or introduce new ones to include provisions for differential maintenance charges. The by-law should be passed in accordance with the procedures laid down in the Gujarat Cooperative Societies Act, 1961, ensuring that all members are informed and have the opportunity to participate in the decision-making process.

Real-world Scenarios

• Scenario 1: A cooperative housing society with a high-rise building decides to implement a by-law that imposes higher maintenance charges for lower floors due to increased wear and tear on common areas like elevators and staircases.

• Scenario 2: A society with limited financial resources may opt for a differential maintenance by-law to ensure equitable distribution of maintenance costs among members residing on different floors.

Step-by-step process:

• The society convenes a general body meeting to discuss and propose the introduction of a by-law for differential maintenance charges.

• Members deliberate on the proposal, make necessary amendments, and vote on the final by-law.

• Once the majority approves the by-law, it is registered with the Registrar of Cooperative Societies for legal validity.

References

• Rule 84 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]

• Gujarat Cooperative Societies Act, 1961