Short Answer

Yes, the member living abroad is typically required to pay full maintenance for the vacant flat.

Detailed Explanation

Section 66 of the Gujarat Cooperative Societies Act, 1961 empowers the society to levy maintenance charges on all members for the upkeep of common areas and services. This means that even if a member is not physically present in the flat due to residing abroad, they are still liable to pay maintenance charges as per the society's rules and regulations.

Furthermore, Rule 94 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the collection of maintenance charges. It states that the society can recover maintenance charges from members as per the bye-laws of the society. Therefore, if the society's bye-laws specify that all members, including those living abroad, must pay full maintenance charges, then the absent member would be obligated to comply.

In practice, societies often have provisions in their bye-laws regarding maintenance charges for vacant flats or absentee members. These provisions may outline the percentage of maintenance charges to be paid by absent members or the conditions under which full charges are applicable. It is essential for the society to follow these bye-laws while demanding maintenance payments from members living abroad.

Real-world Scenarios

• Scenario 1: Mr. Patel, a member of a cooperative housing society, has been living abroad for the past year. The society's bye-laws state that all members must pay full maintenance charges regardless of their physical presence. Therefore, Mr. Patel is required to continue paying full maintenance for his vacant flat.

• Scenario 2: Ms. Desai, another member of the society, temporarily moves abroad for a few months. The society's bye-laws specify that absentee members need to pay a reduced percentage of maintenance charges during their absence. In this case, Ms. Desai would be liable to pay the reduced charges as per the bye-laws.

Reference

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

• Rule 94 of the Gujarat Cooperative Societies Rules, 1965: Official PDF