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In our C.H.S. only 17 members out of a total of 109 members, own Stack Car Parks. They demand that our Soc, must pay the AMC charges for these, Other majority members refuse to this. What is the correct Legal provision for this issue ? Kindly advise. Thanks & Regards.
The legal provision for this issue is found in the Maharashtra Co-operative Housing Societies Act, 1960 (the Act). Section 72(2) of the Act states that the society shall maintain all common areas and amenities, including the car park. The car park is a common area, and all members of the society are entitled to use it. However, the Act does not specify who is responsible for paying for the maintenance of the car park. In the absence of any specific provision in the Act, the society's bye-laws will govern this issue. For further information contact us on our helpline number.