Payment for the lift by members
of the society
By
Accommodation Times Bureau
There
has been a lot of confusion regarding the payment of the maintenance and repair charges,
regarding the use of the lift in a Housing Co-op.Society. We must mention over here that
some of the Societies are still following the old bye laws., whilst most of the Societies
have adopted the Model Bye Laws.
In
many Societies up till now, if there were shopkeepers on the ground floor they were
exempted from paying the maintenance and repair charges, of the lift since they were not
using it at all.
Some
of the Societies upto now did not charge any amount to the members residing on the ground
floor and sometimes even to those members residing on the first floor, on the ground that
they hardly made use of the lift. This thinking on the part of the Society is
understandable because neither the shopkeepers nor the members residing on the ground or
the first floor would generally used the lift.
Some
societies which were formed many years back had even passed a resolution that under no
circumstances the members residing on the ground floor and on the first floor, would ever
be called upon to pay the maintenance and the repair charges for the lift.
Now
the situation under the Model-Bye Law has substantially changed. Under clause 71 (a) (v)
of the new Model Bye Laws it is stated that each and every member of the Society shall
have to pay the expenses for the repairs and maintenance of the lift including the charges
of running the lift equally irrespective of the fact whether the members use the lift or
do not use the lift at all.
What
was the necessity of incorporating this Clause in the Model Bye Laws ? It is obvious that
no members can be prevented from using the lift at any time if he wishes to do so. A
member residing on the ground floor, may not use the lifts most of the times as it is not
necessary, but if he wants to visit any member on the upper floor, he cannot be prevented
from using the lift. A resolution cannot be passed by a Society that the members residing
on the ground floor and the first floor, and the shop keeper would have no right to use
the lift of the Society at all.
In
almost every Society the flats are of different sizes. Some are small and some are big.
Then, should each and every member of the Society pay equally regarding the maintenance,
repairs and running of the lift ? To this query the answer is, the extent of the usage of
the lift by any member can never be measured. As such the framers of the Model Bye Laws
wisely thought it fit, bearing in mind the principle of equity, justice and good
conscience that each and every member of the Society irrespective of the size of the flat
would have to pay equally for the maintenance and the repairs of the lift. Is it possible
for the society to limit or to restrict the working hours of the lift ? The answer to the
same is in the affirmative. It is to be noted that each and every Housing Co-operative
Society, is autonomous and can pass any resolution which does not conflict with the
provisions of the Maharashtra Cooperative Society Act 1960 and its rules and regulations.
There is nothing mentioned at all, in the Maharashtra Cooperative Societies Act, about
regulation of the working hours of a lift in a Housing Co-operative Society and as such
every Society is free to pass its own resolution regarding the working hours of the
lift.
Has
the Managing Committee a right to pass a resolution at its own meeting to fix the timings
of the lift or whether it is absolutely necessary to call a Special General Meeting in
order to ascertain the opinion of the majority of the members of the Society ? In our
opinion, the Managing Committee of the Society in order to supervise smoother running of
the society and to take care of its property, and in the interest of the Society, it has a
right to regulate working hours of the lift. It is not necessary for this purpose to call
a Special General Meeting to ascertain the views of the majority of the members of the
Society.
The
member of the Society, however can call a Special General Meeting by obtaining the
signature of 1/5th of the total members of the Society, to discuss this subject, if they
desire to do so. If at such a meeting the majority of the members do not agree with
working hours of the lift, the Managing Committee is bound to accept the wishes expressed
by the majority of the members at that special general meeting or Annual General Meeting
and act accordingly.
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