Generally speaking, it will depend on the bye-laws of the society as to how the lift maintenance charges are to be collected from the members. Normally, these charges are collected on equitable basis from all members of the society.
If a society has adopted the Model Bye-laws of the Maharashtra Co-operative Societies Act, then the lift charges are to be collected from all members, irrespective of whether or not they use the lift.
For example, Rule 64 of the Model Bye-laws states as under:
“64. Composition of the Charges of the Society. The contribution to be collected from the Members of the Society, towards outgoing and establishment of its funds, referred to in these bye-laws as ‘the charges’ may be in relation to the following: (i) Property Taxes, (ii) Water Charges, (iii) Common Electricity Charges, (iv) Contribution to Repairs and Maintenance Fund, (v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift. (vi) Contribution to the Sinking Fund, (vii) Service Charges, (Viii) Car Parking Charges, (ix) Interest on the defaulted charges, (x) Repayment of the installment of the loan and interest, (xi) Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Nonagricultural tax. (xv) Education and Training Fund (xvi) Election Fund (xvii) Any Other Charges.”
It is clear that the clause (v) of this Rule speaks about collection from members the “Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift.”
Similarly, 65(a) of the said Model Bye-laws provides that the Service charges of the Society referred to at Rule 64 (vii) above shall include the Salaries of the office staff, liftmen, watchmen, malis and any other employees of the Society. Thus, salaries of the liftmen are also included in the charges to be collected from all members of society.
Further, Rule 66(a) of the Model Bye-laws says that:
“The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:
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iv. Expenses on repairs and maintenance of the lift, including charges for running the lift: Equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.
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Thus, Rule 66(a)(iv) makes it clear that expenses on repairs and maintenance of the lift, including charges for running the lift have to be shared equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.
Thus, if a society has adopted the Model Bye-laws, then the lift maintenance charges have to be shared equally by all the members of the building in which lift is provided. However, if a particular society has different bye-laws, then it may depend on the provisions contained in the bye-laws of that society.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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