Legal Question in Real Estate Law in India

Co -op Housing Society Laws (Mumbai)


This letter to clarify a couple of complicated issues facing housing society. The problem pertains to a recently formed housing society. The builder has constructed a number of small 1 RK & 1 BHK flats and sold them to buyers as combination flats as per their space requirements. Many occupants are having two small flats combined to get one 2 BHK flats. If one needs a 4 BHK flat, the builder has combined four smaller flats and sold them. In all such cases 2, 3 & 4 separate agreements have been made as per individual need.

Please let us know how the share certificates have to be issued and how the maintenance expenses have to be charged from these combination flat owners. A 4 BHK owner for all practical purpose is a ONE flat owner although he has four agreements made and registered; similar is the case for 2 BHK and 3 BHK flat owners.

Should the society charge lift maintenance charges, services charge, water charges, two, three or four times as per agreement or should we charge it only once equally distributed as per model by-laws. Please confirm the correct legal position a society has to follow to fix maintenance charges.

Asked on 4/11/09, 3:07 am

2 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Co -op Housing Society Laws (Mumbai)

The society may take its decision in accordance with the Bye-laws and resolutions, if any, passed by AGM.

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Answered on 4/14/09, 12:34 pm

Shrichand Nahar S.V.Nahar, Advocate

Re: Co -op Housing Society Laws (Mumbai)

Simplest way could be to charge maintenance as per the area of the flats.

Make necessary changes in the Bye-Laws. In case bye-laws are general without specifying basis of calculating maintenance charges, call for a General Meeting and pass a proper & detailed Resolution in this behalf. Get the Resolution approved from DDR.

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Answered on 4/11/09, 3:26 am

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