Lift maintenance charges from apartment owners

Q: Lifts acts all over and housing coop society acts do not mention what should President of such paratment society do if ground floor members refuse to pay emergency fund needed to repair LIFT for the seven floor building.general maintt fund is not enough and huge corpus of the Society got losts in a sinking of a coop bank here in baroda.So when LIFT was repaired we all contributed but all ground floor members even now refuse to contribute to this emergency contigency fund beyond all minm general maintt fund of Rs 300 only per unit per month.What can I do as President to force convince these ground floor members who say We do not Use the lift at all..We ask them all members of a coop housing society regd have equal responsibility for all such events please guide me what laws i can qoute to them .Indian lift acts and ccop soc acts do not mention anything at all about Common responsibility for all basic repairs and lift fundings.

CF User,

19th July 2013

Other in Ahmedabad

lift maintenance

lift repair

lift fundings

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Replies (3)

So that his maintenance Charges will increase as the principal amount is deducted.quote exactly

nadine yapi,

23rd December 2022

Comment

The association president has to look into the sale deed and bye laws or otherwise they have to approach the Registrar of Societies for further assistance.

CommonfloorAdmin,

19th July 2013

Comment

We cannot tell you anything in particular until and unless we get the copy of the bye-laws. The Gujarat Co-op Socities Act Sections 27, 34, 47 & 48 says that any member owes money to the society if not willing to pay can be expelled from the membership and at the same time the money due from him can be deducted from the deposit or Corpus Share from him. So that his maintenance Charges will increase as the principle amount is deducted.

CommonfloorAdmin,

19th July 2013

Comment

To avoid such conflicts the Association must pass a resolution for collecting sinking fund on major expenses of maintenance.

CommonfloorAdmin,

19th July 2013

Any owner of a flat becomes a member by default and becomes a part of the society. By way of the ownership his share of interest is on all the movable and immovable assets of the society and becomes responsible for any expense incurred on the maintenance of such assets. Hence the society has to send invoice demanding such share of expense from all the members.

Before doing so there must be a proper resolution passed by the committee of the association.

If the member does not pay against the demand note or invoice again notices to be sent to such members as per the law of the land and further actions can be initiated.

CommonfloorAdmin,

19th July 2013