Short Answer

Yes, as a landlord renting out your flat, you are generally responsible for paying maintenance and other society charges.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 states that every member, including a landlord who has let out his flat, shall be liable to pay maintenance charges and other charges. This means that even if you rent out your flat, you are still obligated to pay maintenance and society charges as per the Act.

In practice, this provision ensures that the upkeep and maintenance of the society's common areas and facilities are not affected by individual tenancy arrangements. Landlords are expected to fulfill their financial obligations towards the society, irrespective of whether the flat is occupied by tenants.

Real-world Scenarios

• Scenario 1: Mr. Patel rents out his flat in a cooperative society. Despite having tenants, he continues to receive maintenance bills from the society. As per Section 123 of the Act, Mr. Patel is legally bound to pay these charges.

• Scenario 2: A dispute arises between a landlord and the society regarding the payment of maintenance charges. The society can take legal action against the landlord to recover the dues as per the Act.

Reference

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