Short Answer

Yes, as per the Gujarat Cooperative Societies Act, 1961, you may still be required to pay maintenance even if your flat is vacant for several months.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 empowers the society to levy and collect maintenance charges from its members. This means that as a member of the cooperative society, you are obligated to pay maintenance charges as per the rules and regulations of the society, regardless of whether your flat is occupied or vacant. The maintenance charges are essential for the upkeep and maintenance of the common areas and facilities provided by the society.

In practice, cooperative societies often have bye-laws that specify the maintenance charges to be paid by members. These bye-laws are binding on all members, and non-payment of maintenance charges can lead to penalties or legal action by the society. Even if your flat is vacant, you are still benefiting from the services and amenities provided by the society, which necessitates the payment of maintenance charges.

Real-world Scenarios

• Scenario 1: Mr. Patel owns a flat in a cooperative housing society but has kept it vacant for six months. Despite the flat being unoccupied, the society continues to send him maintenance bills as per their bye-laws.

• Scenario 2: Ms. Desai travels frequently for work and her flat remains vacant for extended periods. However, she is aware that she must continue paying maintenance charges to the society to ensure the upkeep of the building and common areas.

• Scenario 3: Mr. Shah's flat is vacant due to renovation work, but he is still required to pay maintenance charges to the society to cover the costs of security, cleaning, and maintenance services.

Reference

• Section 123 of the Gujarat Cooperative Societies Act, 1961: Official PDF