Response

The guidelines are typically framed under the Co-operative Societies Act, which is a Central Act. This provides specific guidelines for a society to be registered with the municipal corporations, its governance structures, common area maintenance rights, dos & don’ts, accounting practices As per Bye-laws 69, water charges are to be distributed on the basis of number and size of in -lets provided in each flat.

It’s a central approach to maintenance charging which is generally followed in apartment societies with variable sized apartments. Here there is a per square feet charge, which is generally low. Besides, the total expenses is divided equally between the flats.

The common expenses will include the amounts determined to be payable as such by the Society or Association. It includes expenses such as expense of administration, maintenance, repair or replacement of common areas and facilities. So long as there is no dispute, any system acceptable to all the apartment owners can be implemented on the basis of agreement or consensus. In most of the older societies there is one / two common meter for water supply to the various flats / shops / bungalows etc. Hence they are required to collect the “Water Charges” from its members.

This most of the time leads to lot of arguments and debuts on the method of calculation of the water charges. Some of the suggested bases for calculating “water charges” which society can adopt are as below;
Actual Water bill amount must be divided by the total number of Inlets, irrespective of water usage pattern to arrive the per inlet charges. Add the number of each Inlet-pipe connected and going inside the members flat. This can be determined by Plumbing-Layout diagram, as approved by corporation. Society can accordingly amend its Bye-Laws, to change the criteria for levy of water charges to its members.

Reference: Bye-laws 69 of Co-operative Societies Act

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LAWAYZ-2023-623