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Cooperative Housing Society Act Gujarat 1962-2024
29-Oct-2024 (In Property Law)
I am living in a rented flat in a registered society in gujarat. This month society committee decided that tenants have to pay 30% extra monthly maintenance charges over to owners to the society fund.
Is this legal as per cooperative Society act 1962 & 2024???
Kindly guide me & whom can i approach for this matter.
Yes. this is legal. Elected body of administration is empowered to increase the amount of contribution to maintenance funds subject to Coram compliant member's meeting and resolution duly passed in the support of such increased amounts, with majority member's signatures to show supportive content. You may approach legal practitioner. We also take up such matters personally.
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Adv. Soham Desai
Vadodara | 400+ Answers
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i. It can only be opined as legal or illegal after perusal of the bye-laws of the registered society, constitution of the society, your rent agreement with the owner.
ii. In accordance with your willingness and affordability several specific remedies are available in the law, therefore, you may approach a. Registrar of the Co-operative societies, b. Board of Nominees (through your owner as you're not the member but he/she is), c. Civil Court.
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Adv. Nisarg J. Desai
Ahmedabad | 100+ Answers
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According to Section 67 of the Gujarat Cooperative Societies Act, 1961, the society has the power to levy maintenance and increase or decrease it, but it must be consistent with the law. If any cooperative society increases the amount of maintenance unfairly or in excess of the bye-laws, with the intention of harassing the tenants, then the tenants can appeal to the Gujarat State Cooperative Tribunal.
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Adv. Vivek Surti
Surat | 25+ Answers
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