What is provision in bye laws adopted by association and approved by registrar 

2) if bye laws provide maintenance should be as per square feet then association can recover maintenance as per square feet of flat 

Bye laws have to be approved in AGM and registrar then society can recover maintenance as per the bye  laws 

There is no foolproof method to calculate the maintenance fee that an owner should pay the apartments owner association. Every model has its own pros and cons. The residents’ society should decide which model works best, depending on the apartment complex and implement it accordingly. Further, a half-yearly meeting should be conducted to discuss the possibility of the plan and also to cut down any charges that are levied needlessly

In the next meeting of the association you can discuss the maintenance charges to be made on hybrid method, this can be the agenda of the meeting also.

A hybrid method is implemented by some resident’s societies in order to be fair to the large apartment owners. This method includes splitting the charges into two with the first part including all the common expenses like common electricity, audit fees, meeting charges, property taxes, lifts etc. The second part includes the area based charges that are specific to the apartments such as electricity usage and water bills..

The resolutions passed by the majority of the members of the s=association attending the meeting would become the bylaws and it is binding on all the members.

If the association has been registered under cooperative societies act then how can you say that the bylaws have not been accepted.

The registration of the association would be done only on presenting the bylaws to the registrar. 

You can collect the like minded members and give a representation to the association first and then to the cooperative registrar seeking his intervention  and relief for the minority members. 

Any rule which  is unjust and unreasonable can only be set aside by High Court in writ jurisdiction in spite of majority support. File a writ in High Court of Karnataka with same ground as stated in the question. You will get order from High Court. Even a bye law can be set aside by High Court. 

1. Unless the bye-laws has been declared void and non est by the competent court it cannot be termed 'invalid'.

2. The remedy is to challenge the bye-laws before the civil court through a suit for declaration..

Dear Sir,

 You may approach High Court with others who are facing similar problems.

-    You are right, it is absolute foolishness to collect it based on square feet.

But then on that basis it is insane to pay property tax on square feet basis.

It is absolutely idiotic and rubbish to pay stamp duty on square feet basis when it doesnt matter to registrar to register 1BHK or Villa.

It is same common effort from registrar for both.

-    Well, This is always a matter in societies having mix of flax sizes.

So if 2BHK units are more then they will be in majority and they will force square feet basis.

If 3BHK etc units are more then they will be in majority and they will force equal share basis.

Dear Sir,

1) As per the bye laws adopted by society maintenance charges would depend on area of the flat this is absolutely unfair since common area facilities are enjoyed equally by all members.

2) Sir you will have to challenge the validity of the bye law by making a written submission to the registrar, as there is no resolution reached in meeting/AGM.

Thank you