Short Answer

No, you cannot skip paying maintenance or claim a rebate if your flat is empty for some time.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 states that every member of a cooperative housing society is liable to pay maintenance charges regularly as determined by the society. This means that irrespective of whether your flat is occupied or empty, you are obligated to pay maintenance charges as per the society's rules.

Furthermore, Rule 78 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the procedure for determining and collecting maintenance charges. It specifies that the society can levy maintenance charges on all members, and the amount is usually calculated based on factors like the area of the flat, amenities provided, and common area maintenance costs. Therefore, even if your flat is vacant, you are still responsible for contributing towards the maintenance of the society.

In practice, cooperative housing societies rely on maintenance charges to cover various expenses such as security, cleaning, repairs, and upkeep of common areas. By ensuring that all members pay their maintenance dues, societies can effectively manage their finances and provide necessary services to all residents.

Real-world Scenarios

• Scenario 1: Mr. Patel owns a flat in a cooperative housing society but decides to keep it vacant for a few months due to personal reasons. Despite the flat being unoccupied, Mr. Patel continues to receive maintenance bills from the society and is required to pay them to avoid any penalties.

• Scenario 2: Ms. Sharma's job requires her to travel frequently, causing her flat to remain empty for extended periods. However, she understands that she must fulfill her maintenance payment obligations to the society to ensure the smooth functioning of common facilities.

Reference

• Section 123 of the Gujarat Cooperative Societies Act, 1961

• Rule 78 of the Gujarat Cooperative Societies Rules, 1965