FLOORS Rule 106C-11 & Rule 106C-12(3) Table Entry 11(ii)

Repair & Maintenance Fund Statutory Floor (Min 0.75% p.a. on Certified Cost)

Primary Statute: Maharashtra Co-operative Societies (Amendment) Rules, 2026 (Chapter XI-B) & Model Bye-Law No. 67

Official Gazette: Government Notification No. Sanini 0321/ C.R. 41/ 13C dated 18 June 2026 (Gazette 22 June 2026)

Plain English Explanation

The Repair and Maintenance Fund covers routine structural maintenance, building painting, and waterproofing. Maharashtra law sets a mandatory statutory floor of 0.75% per annum of each flat's architect-certified construction cost. At statutory floors, the repair fund is exactly 3 times the sinking fund.

Statutory Calculation Formula

Monthly Repair Fund = Flat Carpet Area (sq.ft) × Architect Construction Cost (₹/sq.ft) × 0.75% ÷ 12 months

Calculated strictly on carpet area and certified construction cost (excluding land cost).

What is Legally Permitted

Levying at least 0.75% p.a. of certified construction cost, or higher rates approved by AGM for aging buildings.

What is Prohibited by Law

Inventing flat rates without architect valuation, or charging emergency repair levies without prior AGM approval.

Official Gazette Wording & Judicial Precedents

"Repair and maintenance fund: The Society shall establish Repair and Maintenance Fund which shall consist of contributions collected from its members at a rate fixed in the general body meeting, subject to a minimum of 0.75 per cent. per annum of the construction cost of each flat, incurred during the construction of building and certified by the Architect."

Judicial Authority & Case Law:

The General Body has authority to increase the repair rate for aging structures, but any escalation must be substantiated by a formal AGM resolution and an Architect's inspection report. The statutory ratio between Repairs (0.75%) and Sinking Fund (0.25%) is benchmarked at 3.0 : 1.

What to Do if Your Bill Violates This Rule

Inspect the AGM resolution and architect valuation certificate under Section 32 to verify how your building's repair fund rate was derived.

Pre-Drafted Note for Society WhatsApp Group or Secretary:

Hi everyone, a note on the Repair & Maintenance Fund: Under 2026 MCS Rule 106C-11 and Model Bye-Law 67(a)(iii), repair fund must be at least 0.75% per year of each flat's certified construction cost (3x the sinking fund floor). Members have the right under Section 32 to inspect the valuation report.

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