Maintenance and Utility Disputes
What is covered by “maintenance” – for example, common area cleaning, trash disposal, or security?
Written By: GatePal Analyst
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Short Answer
Maintenance typically covers services and upkeep of common areas in a cooperative society, including cleaning, trash disposal, security, and other essential services.
Detailed Explanation
Section 73 of the Gujarat Cooperative Societies Act, 1961 addresses the maintenance of common areas in cooperative societies. It states that the society is responsible for the maintenance, repair, and insurance of the common areas and facilities. This means that the society must ensure that common areas like corridors, staircases, lifts, parking lots, gardens, etc., are well-maintained and in good condition for the benefit of all members.
Rule 85 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the maintenance responsibilities of the society. It specifies that maintenance includes services like cleaning common areas, garbage disposal, security arrangements, and other essential services required for the upkeep of the society. The rule also outlines the procedure for determining the maintenance charges and the obligations of the members to pay these charges promptly.
In practice, maintenance services are crucial for the smooth functioning and well-being of cooperative society members. For example, regular cleaning of common areas ensures a hygienic environment for all residents, proper garbage disposal prevents health hazards, and security arrangements enhance the safety of the society premises. Failure to maintain these essential services can lead to disputes among members and affect the overall quality of life in the society.
Real-world Scenarios
Scenario 1: A cooperative society fails to regularly clean the common areas, leading to a buildup of dirt and debris. This results in complaints from residents about unhygienic conditions and health risks.
Scenario 2: Inadequate security measures in a society result in thefts and vandalism, causing insecurity among residents and leading to demands for improved security services.
Scenario 3: Disputes arise among members regarding the allocation of maintenance charges, with some members questioning the transparency and fairness of the process.
References
Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 85 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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