Voting rights when in minority in apartment association

[Namrata Bhat]

Our society has 58 apartments, only 8 apartments are 3bhk rest all 2bhk.
While amenities provided are same, our association decided to charge maintenance as per square feet of apartment.

Management committee took online poll for the same but since 3bhk were in minority they were bound to lose the poll. What are the constitutional rights in this regard.

[Dr. Ashok Dhamija]

Please remember that a cooperative society is run on the democratic principles of decisions by majority. So, sometimes, the issues mentioned in your question may be unavoidable. Where two different views are possible, obviously in a democratic institution, the majority view may prevail and not the minority view.

How the maintenance charges in a society should be fixed – whether on per square feet basis or a fixed charge for all members irrespective of apartment size – is a question that often arises in cooperative societies which divides the members in two diametrically opposite groups. Recently, I have given following two replies on this issue, which are available at the following links:

• Maintenance Charges in Residential building
• Maintenance Charges for a society with high rise towers and low rise!

Please read these replies since they try to find out an equitable solution.

In the worst situation, if you are aggrieved by the decision of the society and if you feel that it is completely unjust, you may perhaps discuss with your local lawyer and see if you can file petition in the societies court or tribunal or other competent body (such as registrar), whichever body has jurisdiction in the matter under the relevant law applicable in your state.

     

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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.

[Namrata Bhat]

Thanks for your response sir. My query is regarding the fundamental right to equality as per constitution and also as per cooperative societies act.
In the above example there will always be a brute majority of 2bhk owners who will exploit their position.

[Dr. Ashok Dhamija]

As far as I understand, the fundamental right to equality may not be applicable in such situation. Reasonable classification is permissible under Article 14 (Right to Equality). In fact, on the other hand, those with 2BHK may also claim as to why they should be asked to pay equal to those who have bigger apartments of 3 BHK. That’s why in my previous replies (links to which I have shared earlier), I have suggested that some components of the maintenance charges may perhaps be on per square fee basis while some other components of the same may be on fixed / equal basis for all members, in order to have an equitable formula. But, ultimately, it is for the members of the society to decide, and that will have to be on the basis of majority as per democratic principles. The whole government in the country is elected on the basis of majority (in fact, due to multi-polar elections, it may not even be majority). The opposite formula of minority vote ruling may be considered even more dangerous. So, ultimately, it is for the society to decide.

The Cooperative Societies Acts also generally give such liberty (to fix maintenance charges) to the society itself by making its own bye-laws. Please check the Societies Act which may be applicable in your state.

Life is not just and fair always. System has many inherent inequalities. Luckily, one can pick and choose in the matter of a housing society, whether to live with injustice or to quit it. But, what about the country which is also run on the basis of majority, with so many inequalities? Can we quit?     

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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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