Maintenance and Utility Disputes
How are society maintenance charges calculated – can we pay based on our flat size or must it be equal?[9]
Written By: GatePal Analyst
Last Updated on
Short Answer
Society maintenance charges are typically calculated based on the flat size or unit factor assigned to each apartment. The charges can be paid either based on the flat size or equally among all members, depending on the society's bylaws.
Detailed Explanation
Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative housing societies to levy maintenance charges on its members. These charges are usually calculated based on the unit factor assigned to each flat or apartment in the society. The unit factor is determined by the society's bylaws and is typically based on the size of the flat, amenities provided, and other relevant factors.
In practice, societies may choose to calculate maintenance charges either based on the flat size or equally among all members. If the society's bylaws specify that charges are to be paid based on the flat size, then members with larger flats will pay more compared to those with smaller units. On the other hand, if the bylaws require equal payment from all members, regardless of flat size, then each member contributes the same amount towards maintenance.
Real-world Scenarios
Scenario 1: ABC Cooperative Housing Society has 50 flats of varying sizes. As per their bylaws, maintenance charges are calculated based on the square footage of each flat. Members with larger flats pay higher maintenance charges compared to those with smaller units.
Scenario 2: XYZ Cooperative Housing Society follows a policy of equal contribution towards maintenance from all members. Regardless of the flat size, each member pays the same amount towards the upkeep of common areas and services.
Step-by-step process:
Review the society's bylaws to understand the method of calculating maintenance charges.
Determine whether charges are based on flat size or equal contribution.
Pay the maintenance charges as per the specified method outlined in the bylaws.
References
Gujarat Cooperative Societies Act, 1961: Section 73
Official PDF
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