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Procedure in case housing society not following the by laws
19-Mar-2023 (In Consumer Court Law)
Is it compulsary to follow by-laws by a housing soiety? In our society, we have 1/2 BHK flats which varies in sizes. In our society there are total 96 flats out of which only 16 are 2 bhk and rest are 1BHK. People here are saying that the maintainance calculation would be as per sqft. All the ammenitites/services are common to both 1/2 BHK so how come they can charge for it on sqft basis? In fact bylaws clearly says which items in the maintainance are common and which are on sqft basis, but thes people are not ready to follow bylaws. Please suggest.
Yes it is compulsory to follow the rules laid down in the bye-laws. You will need to object to the rules when they are being formed and you can vote for changing of the managing committee. But as a society is an Association of Persons, the will and benefit of one member cannot be given importance over the will of the collective individuals who have voted for the bye-law rules.
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Adv. Nilesh Motwani
Mumbai | 25+ Answers
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