Housing societies can collect mandatory charges from residents for cultural and recreational programmes: HC
housing societies across the country, the Bombay High Court recently ruled that housing societies in India are allowed to collect charges for cultural and recreational activities. Dismissing a petition filed against a resolution passed by a housing society 17 years ago on levying mandatory charges for ‘cultural activities’, the court stated that housing societies should organize such activities as part of their objectives, a TOI report stated.
Justice Madhav Jamdar emphasized the importance of social and cultural activities for housing societies, citing bye-law 5(d) which specifically mentions these activities as one of the objectives.
Justice Jamdar said, “It is well established that human being is a social animal. Hence, it is impor tant for housing societies to organise and conduct social, cultural or recreational activities.”
The court clarified that there is a distinction between housing societies and other societies under the Maharashtra Cooperative Societies Act, allowing the collection of charges for cultural activities.
The petitioner argued that only the profits of the society should be allocated to a common welfare fund for cultural activities, as stated in bye-law 148.
However, the court rejected this interpretation, stating that the bye-law does not restrict societies from setting up a cultural fund and collecting contributions, which can come from sources other than society profits.
The court emphasized that the only requirement for collecting such charges is that they should be approved by the society's general body and should not contradict the provisions of the Act. The ruling, made on September 25, 2021, clarified that the society can decide on the collection of charges for cultural activities as
