Short Answer

Yes, society maintenance charges can change if a flat is used 100% for business purposes.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 empowers the society to levy maintenance charges on its members. If a flat is being used 100% for business purposes, the society may charge higher maintenance fees due to increased wear and tear, utility usage, and other factors associated with commercial use. This provision ensures that the society can recover the actual costs incurred in maintaining the premises.

In practice, the society's managing committee may conduct an inspection to verify the commercial use of the flat. Based on this inspection and the nature of the business activities being carried out, the society can decide to revise the maintenance charges. This process helps in ensuring fairness and transparency in the maintenance fee structure.

Real-world Scenarios

• Scenario 1: A member of a cooperative housing society starts using their flat as a small office space for a consultancy business. The society, after inspection, decides to increase the maintenance charges to account for the increased usage of common facilities.

• Scenario 2: A flat in a society is being used as a retail store. The society, upon discovering this commercial use, decides to impose higher maintenance fees to cover the additional costs incurred in maintaining the common areas used by the business.

Reference

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