Maintenance and Utility Disputes
If a society upgrades common facilities (like adding CCTV), can it increase maintenance mid-year?
Written By: GatePal Analyst
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Short Answer
Yes, a society can increase maintenance mid-year if it upgrades common facilities like adding CCTV.
Detailed Explanation
Section 22 of the Gujarat Cooperative Societies Act, 1961 empowers the society to maintain and manage common areas and facilities for the benefit of its members. This includes upgrading or adding new facilities for the betterment of the society. When a society decides to upgrade common facilities such as installing CCTV cameras for enhanced security, it may require additional funds for maintenance and operation. In such cases, the society can pass a resolution to increase maintenance charges mid-year to cover the costs associated with the new facilities.
Furthermore, Rule 65 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the procedure for increasing maintenance charges. The society must convene a general body meeting, propose the increase in maintenance charges, and obtain approval from the majority of members present at the meeting. The decision to increase maintenance charges mid-year should be communicated to all members in writing, specifying the reason for the increase and the revised charges.
Practical Examples
Scenario 1: A cooperative housing society decides to install solar panels to reduce electricity costs. To cover the maintenance and operational expenses of the solar panels, the society increases maintenance charges mid-year after obtaining approval from the general body meeting.
Scenario 2: A society upgrades its common areas by installing a new gym facility. To cover the maintenance costs of the gym equipment and space, the society decides to increase maintenance charges mid-year with proper communication to all members.
Scenario 3: After installing a new water purification system in the society premises, the management committee proposes a mid-year increase in maintenance charges to ensure the proper upkeep and functioning of the system.
References
Section 22 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 65 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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