Short Answer

No, as per the Gujarat Cooperative Societies Act, 1961 and Rules, the landlord (flat owner) cannot stop paying maintenance and transfer the responsibility to the tenant.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 states that every member of a cooperative society is liable to pay maintenance charges and other dues as determined by the society. This means that as the flat owner, you are obligated to pay maintenance charges to the cooperative society, and you cannot transfer this responsibility to the tenant.

Rule 82 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the obligations of members towards payment of maintenance charges. It specifies that the member (flat owner) shall pay maintenance charges directly to the society and cannot evade this responsibility by making the tenant pay directly.

In practice, the cooperative society will hold the flat owner accountable for the payment of maintenance charges. If the owner fails to pay, the society may take legal action against them, which could lead to penalties or even eviction from the society.

Real-world Scenarios

• Scenario 1: A flat owner rents out their property and stops paying maintenance charges, expecting the tenant to cover these expenses. The cooperative society notifies the owner of the default and demands payment. If the owner continues to neglect their obligation, the society may take legal action against them.

• Scenario 2: A tenant refuses to pay maintenance charges directly to the society, citing that it is the owner's responsibility. The society informs the owner of the non-payment and requests immediate settlement to avoid further consequences.

Reference

• Section 123 of the Gujarat Cooperative Societies Act, 1961

• Rule 82 of the Gujarat Cooperative Societies Rules, 1965