In a move that will have far-reaching implications for societies established under the Maharashtra Co-operative Societies (MCS) Act, 1960, the state government has notified that all elected members of the managing committee of societies are required to execute a bond holding them “jointly and severally” responsible for all the decisions the committee takes.
Called the MCS (Amendment) Rules, 2002, the new rules are applicable to co-operative banks, co-operative federations and co-operative housing societies, among others. A new form, M-20, has been inserted whereby elected members of managing committees have to declare they are jointly and severally responsible for all the acts and omissions detrimental to the interests of the society.
“Lack of professionalism, transparency, insider/connected borrowing and political interference are the bane of co-operative banks. This has taken a toll on their financial health. The new measure will deter managing committee members from taking arbitrary decisions,” said a senior co-operative banker.
According to another co-operative banker, the new rules could prove to be the proverbial double-edged sword. "It is like a pro-note, which makes each member personally liable. For example, even if a loan decision is taken on merits, an error of judgement cannot be ruled out. So under the new rules, if an advance which was extended during the tenure of a member goes bad, he will be liable for it even if he ceases to be a member of the managing committee," he explained.
Residents of co-operative housing societies, who normally are reluctant to take up the honorary responsibility of looking after the affairs of the society, are expected not to join managing committees.
According to the new rules, every elected member of the managing committee of a society shall execute a bond on a stamp paper, as provided under the Bombay Stamp Act, 1958, within 15 days of his assuming office. The chief executive officer/secretary of the society shall receive such bonds and keep them in the records of the society and accordingly inform the Registrar of Societies within 15 days from the formation of the committee. Further, under the rules, a provisional list of voters should be prepared by every notified society in the year in which the election of the society is due to be held. Persons who have completed a minimum two years as members from the date of their enrolment should be included in the provisional list.
I stay at Nehru Nagar kurla E. Wanted to know who can be legally a member of the Cooperative housing society committee such as Secretary / Chairman or Treasurer? At present our housing society has a Secretary who does not own his flat but the flat is in his mother's name. Can he be the secretary by law? If no., what documents allow him to be the secretary (like power of attonery from his mother etc.?)
If the working committee dissolved by the Registrar on the ground of M20 bond and put the Administrator and the administrator declares the election. Can the outgoing committee members contest the election? And who are the eligible for voting in the said election?
Sir, I had purchased SRA scheme based one room kitchen built by Akruti under MIDC plan in Andheri (E). These rooms allotted in 2003 & non-transferable till 2013. I bought in 2007. Society is registered. I am also registered tenant of the society. Electricity bill, maintenance bill issued in my name. But now MIDC issued notice to vacate the room. I want to know how can MIDC now interfere & issue notice and whether society has right to restrict such wrongly issued notice.
urban credit co-op society wants to know under which section the fees for election of body is charged by DDR office. pl write us the charges to be paid per member.
sir, i have purchased a flat in navi mumbai in september 2009. i paid all registration charges and stamp duty and flat was registered in my name, but due to ignorance cidco transfer was not done. now society is asking for cidco noc for transfer of share certificate. i want to know whether cidco transfer can be done now ?
I am resideing at borivali and my bldg is going to redeveloped but the committee member are not providing BMC approved plan and copy of IOD what can I do in this case please guide me urgently.
We are part of a cooperative housing society with 120 flats and 18 shops in pune.One of the shop owners has procured a Wine and beer shoppe licence,However he has not taken any written permission from the society.We feel this will cause nuisance to the society members and families.what is our legal position as per the Maharashtra cooperative societies act.
can m.c member take a decision to collect legal fund from soc. members for current year to attend the case in co.op.court against one of our members who lodged a case against soc? soc. members are unaware of the case background. it is m.c decision, when they have filled m20 bond of rs.100/-
instead of rs200/- which is brought to our notice by the govt.auditor
How can I get information under RTI from BMC, Water Dept? Should I go personally to the dept. to get the information or can I get thru the website of RTI?
Dear Sir, I am in managing committee of housing society and chairman told me that submit a photograph and pan card to society office when i asked him why he want the documents. first he not replied and after asking again he replied that auditor want it.A new rule pass that every committee member shoud submit a photograph and pancard xerox. i just want to know that is there any rule for this type to submit personal document in society ?should i give them any document? please guide me.thanking you.
there is no necessity to submit such stuff to the chairman or to any statutory body. however, you will have to sign the indemnity bond which is mandatory.
Smita
Dear Sir, my mothe's flat at thane new rachna park co op Hsg she had given flat for 11 months society are charging NOC more then 10% of service charges and now judge ment from 2001 still they had taken more then 10% of service charges and now they agreed 10% charges but they are not ready to give her refun already ragistrar has given order but they said no, what can i do?
In the instant case you can file a dispute with the Dy./Asst. regisrrar of Co-Op. Societies who will hear the parties concerned and delivery his verdict which is binding to the Society.
23 aug 10 (serious matter pl. help me out)
from last 2-3 years bond m-20 (Rs. 200/-)become compulsory to all managing comittee members. but in our soc. they had submitted m-20 bond of Rs.100/- for the period of 2009-10. this we came to know after 1 year through audit report. my doubt is on what basis registar has accepted in valid documents? decision & expances given by the managing comittee is legal or not? audit report shows lacks of mistakes has been done by the m.c,there are strong loby which they do not want to take election in presence of registar.some members working in m.c since last 8-10 years with different post.is there any provision/compulsion for registar to declare his opinion against soc. balancesheet ,audit reort & complaints received from soc. members.
Dear Sir, I purchased a flat in mumbai March 2009 from first buyer by getting NOC from builder. I submitted my agreement copy etc to proposed member (now chief promoter) at that time to reflect my name once society forms. I started to pay maintenance from march 2009 and received receipt on my name. In Feb 2010, society registered. In member list, first buyer (now chairman of society) name is reflecting instead of ours.Society says that share certificate will have first buyer name and then transfer on my name. Please advice if share certificate should have our name only, as society was not formed and also society is allowing to submit nomination form and said will see once share certificate will be distributed.
Sir, Once 78(2) comes from deputy registrar and if challenged in Joint registrar can he revoke the order after giving due hearing and satisfied that we are right.In this case he can go back and ask for explanation from Deputy registrar.Can Housing federation help us in this matter.
my company having 6 nos of flats in mumbai. society bill shows the oustanding dues every time in the bill. the society maintaince charges we paid regularly in time and no dues are pending. we are written several letters to society that give the details of outsanding dues otherwise you will not claim the dues but society has not replied. with verbal disccusion they are told that it is pending since 20 yrs back. The interest is claimed everytime in outstanding dues and it shows in bills. we are ready to pay the dues if any justification are submitted society because without details company can not paid the dues so what we do pls suggest
The AGM was held at one of the members residence who also happenes to be a committee member. Meeting started at 11.00 am at about 12.30pm he abruptly terminated the meeting saying he is expecting guest. This was done deliberatly to prevent members from asking uncomfortable questions. As I am the chairperson and there were more issues members wanted to discuss and their oppotunity was denied to them. Please advise me what I have to do in this matter.
Sir, Our society was having a registration number but few members had made seperate society due to fraud made by commiittee members, now each building has seperate new registration numbers, there are dues pending under old registration number by few members, can we charge those members now under new regn number ? are they eligible to pay with interest?
Our Hsg. Society got OC in 2008 and till 2010 we had Humanitarian ground water connection. In June 2010, we got permanent water connection. Can we ask BMC that our society be charged normal water charges from the date of receipt of OC and backdated effect. Has any housing society got the same effect after applying to BMC
If employee number of the Society is less than 7, can the society make PF provision of the staff by opening separate bank account with nationalized bank to create PF and Gratuity funds?
If any of the member asking for past AGM minutes and may misuse the same and it can harm the development of the society as the proposed is at the stage of CC (Commencement Certificate) to obtained from BMC.
How to avoid this?
Can Committee members refuse to give minutes of the AGM?
Please advise us urgently.
Sir, Once 78 (1) show cause notice for reply is initiated by Dy Registrarand we reply him in due course can he give final notice without hearing to commitee members ? if complainant wants to take back is complaint will Registrar take back his notice 78 (1)
Dear Sir, Can a co-op society object to lending a flat on leave and licensee? Can they pass a resolution to this respect in AGM? What do the bye-law state.Request, pls advise soonest.
Thanks and Regards.. dilip satam
No. Restriction cannot be put on. However, prior intimation, copies of registered agreement between the licensor and licensee, NOC from local police etc. must be made availbale to the Society by the flat owner.
i purchase a plot in hs in january 2006 from member.i am paying society monthly charges from date of purchase. in march 2008 i come to know that previous plot holder has not paid monthly charges for last 6 month. can society is ask me to pay the arrears of said 6 month.
I bought a flat in mumbai 2 months before. I did the sale deed reistration etc. I submitted the sale deed copy and application to transfer the shares certificate in my name to the appartment society. The society commented on my request that there are 2 owners of this property. viz The main owner is
Husband and he has put his wife name in the shares certificate jointly.
However we did not take NOC from the society prior proceeding with sale deed registration. The society advocate is asking us to complete the whole stamp duty & registration again with these 2 owners name in the sale deed.
Kindly advise the corrective solution for this problem
You may execute a Deed of Rectification cum Confirmation with the Seller and his wife stating that the wife is the Associate member of the Society and that the Flat was purchased by the Husband independently and from his own funds. You would incur expenses of Rs.1000/- for registration Rs.200/- Stamp Duty for the Addendum and may be other miscellaneous expenses
I am a ground floor resident. Can vehicles be parked near my window.
Is there any rule which says about safe distance .
my question is what if a vehicle catches fire.
from last 2-3 years bond m-20 (Rs. 200/-)become compulsory to all managing
comittee members. but in our soc. they had submitted m-20 bond of Rs.100/-
for the period of 2009-10. this we came to know after 1 year through audit report. my doubt is on what basis registar has accepted in valid documents? decision & expances given by the managing comittee is legal or not? audit report shows lacks of mistakes has been done by the m.c,there are strong loby which they do not want to take election in presence of registar.some members working in m.c since last 8-10 years with different post.is there any provision/compulsion for registar to declare his opinion against soc. balancesheet ,audit reort & complaints received from soc. members.
Hi, we've been having severe leakage problems in our kitchen from the flat above..we have got it repaired thrice but the leakage still persists...also the owner of that from from where the leakage is happening is not willing to pay for the expenses incurred..we have spent about 45000 rupees for the repairs..also our society is not taking any action on the same..please provide some legal workaround...our AGM is next month and we want to fight against this..thanks.
It is the society's responsibility to force the upper member to carry out necessary repairs. Have you made written complaints to the society? If it does not work, you can complain to the registrar. Another effective maesure is moving the consumer forum for defficiency of service by the society. Of course both are time consuming but the latter will surely give justice. AGM is of course the best forum ... feel free to ask .. karavade.dp@gmail.com
Dear Sir, does Section 27(3A) of the MCS ACT, 1960 regarding 2 year rule for eligibility to contest the elections for the Society's Managing Committee, apply to Cooperative Housing Societies in Mumbai? Please advise.
Yes,very much. Housing societies are governed by MCS Act only, so every provision thereunder applies to housing societies not only in Mumbai but in entire Maharashtra.
If Govt.charges stamp duty and registration charges for GIFT DEED Agreement can society demand Transfer Premium Charges from Incomming member who is closed Relative? or pass any resolution in AGM to collect transfer charges from the member
In case when the existing housing co operative society is dissolved and the committee working as acting commitee till the fresh election for the new committee.meantime i had given the application to become associate member alongwith form 7 duly completed with noc of first member.at the time of election can i become an associate member in that particular meeting & can i contest for the election if i had given form for managing committee election alongwith associate membership form.pl reply
You have to first become an associate member and then contest election. You application for membership has to be considered and approved by the managing committee and you have to be duly enroled as an associate member (including writing your name at 2nd place on the share certificate) and then you can contest the election subject to the relevant provisions of the MCS Act.
I am running baby sitting from my own home since the past 10 years. however due to complaint lodged by one of the members in the society, notice was served on us and we are now asked to discontinue the same. what legal stand can i take if i wish to continue this activity further for more 1-2 years. Please advise, if it is right to take a legal stand on this.
If the flat is on first and second floor and not causing any problem to other members Balwadi is allowed as per DCR (Development Control Rules). Even offices are allowed only upto 2nd floor.
Reply by D. P. Karavade:
July 27 , 2010 ,22:34 IST
Baby sitting, per se, is not prohibited since even courts have held that it is not a commercial activity. But, if the activity causes any inconvenience or nuisance to other members, the society can, on their complaint, ask to you discontinue. Feel free to ask .... karavade.dp@gmail.com
i want action against chairman and commitee member for using there drivers and security to create vandalism to stop me from speaking in agm meeting in 8th august 2010 in juhu
Drivers or security guards, or any non-member for that matter, including relatives of members, cannot even be present in the AGM, much less participating in it. If the chairman or anybody else indulges in goondagiri, you should lodge a police complaint.
I am the single owner of a flat in a coop hsg soc in Maharashtra. i would like to add my husband name as the associate member and give him all the rights to attend the meeting n partake in soc activities. Under what rule of the act is this possible can u pls advice??/
The MCS Act 1930 does recognise associate membership and byelaw Nos. 16 to 19 deal with eligibility and conditions for the 3 types of membership. Your husband can apply for associate membership in the prescribed format, duly accompanied by your consent letter delegating specific rights to him and payment of Rs.100/-.
Dear Sir I have been charged a sum of Rs.200/- by my society for non attending Annual General Meeting - please tell whether it is right and is there any bye law for this - please let me know
It is wholly illegal. No member can be forced to attend general body meetings. Even the AGM cannot provide for such penalty. Recently the Commissioner of Co-operation, Govt. of Maharashtra has issued a circular recommending such penalty but legal experts have stated that the circular cannot stand legal scrutiny. But, keeping all this aside, members must participate in the meetings so that committee members do not abuse their position and loot the society.
is society subregistrar can stop redevelopment project on basis of 2-3 members complaint to registrar on base of MCS ACT 79(A). and registrar can hire administation in our society. 80% member of society is positive for redevelopment but 2-3 person are against it, and they dont want to cooperate. They simply want to stop redevelopment for ever. our society building structure is too bad ( Not For Staying ) condition. so my question is that IS REGISTRAR CAN STOP REDEVELOPMENT AND PUT ADMINISTRATION IN OUR SOCIETY.
I am staying in son flat, flat is my son name, and my son is NRI. now society is not issue shares certificate to me, they hand over society shares certificate to my son. but i have power of attornery, now what to do??? which form i submitted to soceity, so i can attend society AGM ??
Can aflat-owner residing in his /her own flat practise his / her profession ? Is it considered as a commercial activity and whether any extra charges are to be levied from such fat-owners? Pl. reply urgently.
Thanks
Mathew
9820635676
experts are not giving there comments,what is going on? till date i observed this is very important site ,which is giving correct , to the point & faster reply compares to bye laws interpretation , registar & fedration feed back.pl. look into this matter as early as possible.this is humble request to respected experts.
is it necessary to pay any charges to the society if cidco flat is transferred or gifted to the blood relation like brother& married sister?
please give me details Mhaharastra co.op hsg. socy.bylaws rule no.& guidelines for transfer of flat in Navi Mumbai
Sir,
Actual Fact:- Our society includes Building & Row-houses at Pune. I have paid One-time maintenance to soc. But because of high expenses due to electricity charges & generator diesel charges. Generator uses only for building. Our society committee is recovering the monthly charges from all members equally. I am Row-house owner. I am demanded to society that Please charge extra maintenance as per usage of Building & Row-houses of electricity. But Society committee told that we never take your complaint as per Circular Date 2-11-2002 as "dues must be paid before complaint".
Question: - Whether that circular is applicable to extra maintenance? Also Whether Row-House owner demand is right?
Sir, I am staying in warje Shivane area having 1BHK flat,ours is the society but not yet all the flat owners become the members the procedure is going on ... but mean while there is serious disputes between 'A' wing and 'B' wing ,our chairman by default made by builder at the time of registration is continued as chairman but he is very arogant,illetrate,non-cooperative and baised one and he is staying in 'A' wing most of the members from 'A' wing supports him ,but fact is that 'B' members hate him ,for future course of action he has to quite or he is ready to leave in that case 1)new election is possible because officially no one is a member
2)For time being one of us would be temporarily become incharge or else
3)Any AGM can be become our self ..
Till the registration completed and new body would be appear in comming year.. kindly advice on this sir ...we really be in confusion..
Dear Sir,
i am living in Bhayander. Our Builder is not handover the society last 2 years. I request you kindly advise how we prepare the society and also informed about the rules.
Kindly also inform how many members are requiered tfor society and who is elogible for member of society, chairman and secretary.
Dear Mr. Sanjay,
your question is not clear. however I understand that soceity is not registed and builder is not co-operating in the matter. you need at least 10 flat owners are required for registering a CHS. 60% of the total flats in the society have to apply for registration of CHS.
sir,i live in mira road on rent for the last 3years with my family,the society has a club house.but tenents are not allowed to go there.The society people's versions is those who are on rent cannot use it.I have a two-wheeler,some of the soceity memebers who have two cars and more than one two wheelers made a law in the society that tenents should park their vehicle outside.(outside it is road,not possibel)my questions are,
1)whether i can use the club house?
2)is it necessary to head to their version of parking my vehicle outside,whether the society hav ethe right to make such rules when it is not possible to park vehicles on road,who will take the responsibility if theft happens?
3)what are the laws?what steps we can take?
please guide me.
Ab
Dear sir
pls advice the no objection from major children require to transfer the share of flat to nominee after the deth of the member, If yes as per which law and rules
sir,I bought 2 shops in belapur navimumbai in 2002 i would like to know that whether MC can fix diffrant rates for shops then flats for repair maintenance fund for exp.0.75 % construction cost for flat @1075 psf, and for shops 0.75% @1600 psf.though our building is on gounthan plot and in 2002 construction cost was around Rs.300 sqf.
to attend the agm, is it comuplsory to soc. members? this is latest news through newspaper. in some cases with the moral support from managing committee members, some characters (family members)are partcipating in the agm without taking permission from block holders, & while putting name in the soc. registar , sec. shows origal member attended the meeting.in some cases sec. handover the regiser for signature to some vip members at there residance before the agm start. can we ask local policestation to stopped such issues. 01 .07.2010 mr. d.p. karavade we need your opinion.
I own a one BHK flat in Kharghar, Navi mumbai and want to give my flat on Leave & License Basic but the society charging welcome charges of Rs. 2000/- for every 11the month leave & licences period along with monthly no occupancy charge. Please reply this type of Welcome charge is legal.
Dear Sir, I have a flat in which my parents are staying, and I am not charging any rent from them. Society is saying that it is il legal and I will be charged non occupancy - are they correct? I am stayning with them occesionally.
I am a founder member of a Co-operative Housing Society at Kalyani, West Bengal. I am a flat owner from 2 years, cost of the flat was RS.5 Lacs. Due to unavoidable circumstances I wish to transfer/sell out my flat to a new. But the committee of that society fixed the valuation of the flat is Rs. 8 Lacks and decided that Society received Rs. 8 Lacs from the buyer's and give me only Rs. 5 Lacs. I know that society is no loss / no profit concern. How can they recieve Rs 3 Lacs from the tranjaction of a flat like aq brokerage.
please give me details information please hence I made a confirm document. regards. LAKSHMI KANTA CHAKRQAVARTY.
Dear sir I purchased flat in nashik {resale flat} but co operative society chairman not given NOC AGAINST THE FLAT, ALL REGULAR MAINTANANCE, OTHER CHARGES PAID THERE IS NO any dues against the flat. without NOC HOW I MADE REGISTRATION {SALE DEED.},any amendment not require noc from societies, please give me details information please hence i made a confirm document.
regards.
SANTOSH TAJANE.
As per provisions in Bye-laws NO need of NOC for transfer of flat in Maharashtra. Also Society cannot refuse your membership if you apply for the same.
Bye-law No 38 prescribes a list of documents required for selling a flat, but nowhere is it mentioned that the society's NOC is mandatory for selling a flat or transfer of a flat.
I have not taken No Objection Certificate from our HOusing Society Committee and had given my flat on Leave & License Basic and now the society had levied me fine of Rs. 4000/- i.e one month rent from me and the Licensor has the society right to levy fine
Why you people are doing such type of criminal activity. You are playing with society members security. You need to take NOC before giving your flat on leave & license basis. Say sorry to your society committee members.
SIR,
I AM STAYING IN ACHRAJ TOWER ASSOCIATION, NAGPUR, MAHARASHTRA. THERE ARE 35 FLATS AND AROUND 45 SHOPS AND ARE ASSOCIATION IS ONLY OF THE FLAT. THERE IS SECRETARY, PRESIDENT AND VICE PRSEIDENT . OUR DEED OF DECLARATION IS REGISTERED IN 1997 DOES IT MEANS THAT OUR SOCIETY IS REGISTERED? SECONDLY IN JUNE 2009 DURING ANNUAL GENERAL BODY MEETING IT WAS DECIDED THAT S
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I have a flat in Pune Visrantwadi area. In a General Meeting it was decided that other than the flat owner, his wife/husband, children & parents living in the flat are treated as tenants only, and the maintenance amount will be taken as for tenant. Is this legal?
It is in correct for the Gen.Meeting to approve such laws. One stays in a fmaily, and one buys the flat, others the KIN of family stay, this can be opposed and challenged
I have just (2 months) purchased a flat in a building which is approx 2 yrs old,Last year only the builder called a meeting of some members and formed a temporary committee with secretary, chairman etc., Now after 1 year of that temp society, there is a election in the society i want to know can i contest the elections and i have a friend who is a second owner can he contest elections?
i m resident of top floor of building,as such due top floor i dnt get sufficient water supply.the society is providing same common line to all.they are not provinding different line so tht top floor resident get full water.pl.give guideline for this.
I am a member of a co-op society at Mira Road. Ours is a new construction building, and I own a one BHK flat measuring 650 sq ft. The society was recently formed in April 2010. After the society was formed, I sold off my flat. The society is asking me to pay Rs.32,500/- as transfer fees @ flat rate of Rs. 50 / sq feet as decided by them in a General Body Meeting. As per my knowledge, no society can charge more than Rs. 25000/-.
Kindly guide me. I have shown them the bye law, but they insist that it is old and has undergone a change.
Pls advise what should I do ?
Regards
Niloufer Shaikh
yo are perfectly right and you should insist on paying Rs 25000/only.Send a notice to the managing comitee through a lawyer stating your intentions to go to a consumer court against any decisions taken by the M/C which is against the by laws.You also complaint to the DY-Registrar
we are having elections for electing 12 members of managing committee of our housing society. 19 cndidates are contesting for 12 seats.can a voter indicate his preference for less than 12 candidates or must he indictae preference for 12 candidates only ? Will the ballot be invalid if a member ticks against less than 12 names ?
Ashok
Sir i have a shop on g.floor of A society ,facing towards main road, after our offICE hoUrsl ot of people sit on steps Of our shop (CREATES NIUSANCE THINGS) can i put grill to protect my shop shutter."DO MCGM(BMC) PERMITS OR IS THERE ANY LAW FOR IT, IS SOCIETY PRMISSION REQUIRED.
PLS REPLY URGENTLY
can soc.sec refuse to give copy of demanded documents, though even,registar issues order to managing comittee that handover the said documents to the applicant.
Can other legal hires who are not nominee, after the death of flat owner have right to have correspondence with society? Can society refuse to entertain their dialogue? Can they attend societies meetings? can they pay maintenance charges?
i am the secretary of a society. due to severe water crises the residents decided to collect Rs 1100 per flat. Out of 78 only 63 gave the money for a months taker water supply. there are 4 member who are serious defaulter as per the maintainace amt and they have also not paid the amt for the tanker. On top for last 2 days they have abused physically and verbally a rental when he was asked to pay. he verbally abused my chairman also. We have issued 3 remider and a letter for advocate for the maintainance per bye law. What else action can be taken for the nusiance and bullying they did. they also threatned our watchman to release the water as per theur demand. Its urgent please reply. Should we file a FIR as 40 residents have signed a letter address to the PI and CC to Sub registra and Police Comissionar.
hi,
I am the secretary of the society. Due to major water crises we colled Rs 1100/- per flat. We had 78 flats out of which 63 gave the money. There are 4 members who are serious defaulters in regards to the maintainance amt and also they have not paid this amount. Their behaviour is very arrgont. they are also abusive and abused my Chairman. For the maintne i have already sent 3 reminder and advocate letter but for last 2 day they first physically abused a rental who requested him to pay and then the security man for not opening the water as per their request. Please tell me which rule do I follow and its urgent.
I have a flat in malad west in sai darshan complex the society is not registered and nor i have recd any oc or share certificate but some memebers of society hve forced us to pay the society charges as they do not hold nay authority from builder they hve published my name on the notice board malign my image when approached no one is ready to talk can I issue a notice to them for insulting my same publically.pls adv accd as few members are doing act of goondasim with us can I go to police also so that they do not do same again also they have thaken an illegal water for few flats against the sturucture layout of pipes.pls adv accd.
I have decided to buy a resale flat in Pune for which current owner has paid all dues & trnsfer fees of Rs. 20,000 to the society for issuing NOC. Society has provided a receipt of transfer fees; but isn't ready to issue NOC claiming that there will be addional charges of Rs. 100/sq. ft. for any transfer. There is no rule passed in society AGM for this charge & they will call AGM soon to take approval.
As per Maharashtra HSL Act 40(d)vii, the max. transfer fee can be max.Rs. 25000 & as per Society rule, we have already paid decided transfer fees of Rs. 20000. Can society ask anybody to pay Rs. 100/sq. ft. for NOC which is apart from Transfer fees & w/o any rule passed yet for my current transaction. They are trying to blackmail for NOC. Please suggest.
Can a society not reply to letters written for more than 2 years by member regarding the internal damages to walls furniture fixtures during the external repairs done by the contractor,can the society pay to the contractor in spite of writing to society not to pay for the inferior work of the contractor leading to leakages and damages to internal property.
i own a flat in the ground floor of the society. the entrance to the said flat is from the roadside. i intend to open a playgroup/nursery in the said flat. the society members initially lodged a complaint with bmc, but later on majority of them have agreed to co-operate with me. but the secretary is still hesitant and without any authority or powers from the general body is going on complaining with various authorities like bmc headquarters, police etc. oflate it has been heard that he has even contacted some political parties to stop me from opening up my new venture. i have written to him to take up a extra ordinary general body meeting and let the majority decide the fate but he dosen't agree to that and is not interested in conducting any such meeting. the chairman also fears the secretary. the secretary has not held managing committee meeting since last 2 months. he has taken the entire society at ransom and acts as per his will. please help me in the matter.
all 60 flat owner are intrested to form soc. but builder is not in favour
to form the soc. in such case is it necessary to appoint chief promoter (from 60 flat) to do followup with the builder to form the soc.if yes ?
does chief promoter required power of attorney from 60 flat owner, what is legal procedure.
When the builder is not willing, you can approach the registrar and get your society registered without builder's co-operation. No authority or power of attorney etc. is required from the builder
Is the society liable for issuing NOC to a member for noting lien/charge on his flat in respect of loan taken or to be taken by him against his flat under the Maharashtra State Cooperative Act 1960 and bye laws of the society. If so, can the said bank ask the society to accept the bank as the nominee of the flat to be registered with the society and send an advice to the bank not to change the same without its written consent.
When a member takes housing loan, the lending bank asks for an NOC from the society in the bank's format, the conditions of which include clauses to the effect mentioned by you. Unless there is any objection, society has to issue such NOC. If you don't want to issue such NOC, you will have to get a resolution to that effect passed in the AGM. But remember, if you adpot such a policy, who will buy flats in your society unless it is made up of millionairs .... feel free to ask .. karavadedp@yahoo.com
I am a ground floor resident. Can vehicles be parked near my window.
If the sapce is open space as per BMC can it be converted into parking space. plssssssssssssss reply urgently
I am a ground floor resident. Can vehicles be parked near my window.
If the sapce is open space as per BMC can it be converted into parking space. plssssssssssssss reply urgently
The answer is flat NO. The tenant has no concern with the society whatsoever. Moreover, the MCS Act and the bye-laws do not recognise proxies. Only a society member himself / herself can attend a meeting and vote, nobody else.
we r four flat owners with a common terrace on 1st floor. Two members have purchased the full terrace during our absence and now profess proud owners of the terrace. Is the terrace a saleble item by the builder? The society collects the maintainence charges from the two members! does this means that the terrace becomes the property of the two members ! who can provide us proof that the common terrace cannot be sold to any member to make their own property? would appreciate an full proof answer to this illegality.
We have 70 members purchased flat in Year 2005 in new under construction building, and in year 2007 we received possession letter from builder, But till date he has not formed our registered housing society as given assured as well as written in purchase agreement & He took payment from our for that. Also not taken CC, OC from muncipal corporation, and not made Conveyance Deed for that. Kindly suggest what to to do.
One of the past committee member and now chairman has helped a member indirectly to get a parking slot from the builder, even when the society was formed in 2006, when a member raised concern for the suitability of the said person to hold high office, the said person goes for litigation saying he was defamed. Is the said person suitable for the post, will it not be against the interest of the society. In the name of legal notice then every Committee member can easily threaten members for his own interests. What can the members do to stop such a thing in future ?
I have asked the secretary to give me copies pertaining to the parking slot sold by the builder & correspondence pertaining to the same. The secretary has replied to me saying that he cannot give me the papers as per byelaws ?
What are the rules & how can I get copies of the same ?
NILANCHAN
is it mandatory that society is must get insured with government insurance company only? if yes, then where i get the GR copy. Please give me the related website.
if registrar appoint 3 member for election in co op hsg society at mumbai ,the said commitee have right to call meeting and chang maintanance charges,society security,issue of allotment letter.
Sir, I would like to know wether there is any limit for number of memebers to be elected to the managing committe.our housing society has 40 members. can the AGM increase the number of committee members?
SIR, I WANT TO KNOW THAT HUF CAN BE THE MEMBER OF CO OPERATIVE SOCIETY OR NOT. ONE OF MY FLAT IS TRANSFER TO MY HUSBAND WITH HUF TITLE. THE DEED OF TRANSFER IS REGISTERED. MY SOCIETY IS NOT ACCEPTING THE DOCUMENT AS IT SAYS HUF CANT BE THE MEMBER OF THE SOCIETY. I CANT MAKE NEW DEED. PLEASE GUIDE ME.
Ask your society secretary to read bye-law No. 17 (a) which deals with eligibility for membership of which clause (1) reads "who is competent to contract under the Indian Contract Act 1872". An HUF is competent to enter into a contract and thus very much eligible to be a member of a housing society ... feel free to ask - karavadedp@yahoo.com
I am a secretary of yashodhan CHSL Panvel.We have carried out major repairs of our society building last year. For the purpose we used society's sinking fund alongwith contribution from each member barring one out of fourteen members (after deciding in AGM ) who objected for the repairs as she wanted tower to be built in the same place hence did not pay.now her stand is use of sinking fund just by deciding in the AGM is againnst society act hence entire process is illegal hence she will not pay anything.Want to know whether the use of sinking fund amount by getting the approval of AGM for the purpose is legal or not.Your comment please.
The dessenting member is right. Bye-law No. 14(c) which deals with utilisation of sinking fund clearly states that the fund will be used with prior permission of the registrar and for such repairs as are necessary in the opinion of the architect. Using sinking fund is not easy. It entails a lenghthy procedure.
Reply by vkgovil:
May 15 , 2010 ,15:26 IST
you should have taken permission from the concerned Dy Registrar. Now yow ou take post effecto permission. That lady has to pay, for which you serve a notice and then proceed under 101 of the ACT. Best of luck.y
Respected Sir/mamdam,
I kamal from ghatkopar,Mumbai.
our CHS have devolup vertical extention type building i.e.
privious gr+2 and after 6 story building.
builder has not yet took O C from B P Dept.
& he has slod out flat to new mumber & society has inducted tham as mumber of the society.society say that we made them as mumber under bye low 19A.
can new memeber occupy??
what is legality??
jugment regarding to restrick tham as mumber??
we have moved to co operative court but need specific jugment for that kind.
Guide us.
Waiting for reply via mail my mail id is kpjayson@gmail.com
waiting for early reply
Kamal...
I own a penthouse in a four storey building of Daryasagar Co-op society, kopar khairane, navi mumbai, The penthouse occupies third floor, fourth floor and terrace on top of the building. I also have terrace attached to my master bedroom at fourth floor. To prevent from water seepage, summer heat and possible entrance of theives from door at terrace I want to install tin shed & grills on all my terraces. However my society is objecting on the tin shed at terrace on top of building. I have resisted their decision and is going ahead with my work. But the society chairman is threatening me to demolish the shed which i am building on area owned by me. In addition, the said work was listed in the letter which i submitted to society prior to start of my renovation work, and chairman & secretary was informed pre start of said work. And now, at later stage chairman is doing this. Please guide me on how to tackle this problem.
Areas which are shown as open to sky in the building plan cannot covered under the BMC Act. Even if the society grants permission, the prospect of any covering being demolished by municipal corporation always lurks. It's a different matter that lakhs of such terraces have been fully covered (some even converted into full fledged rooms) in Mumbai and as long nobody complains nothign happens
we have 120 flats & soc. not yet formed. according to law & orders builder can not sold out open or covered parking without registered the parking agreement. we already discuss with the builder but he is not ready.can you help me out mr. d.p karavade
What is holding you from forming the society? If 60% of flats have been sold out, you can certain register the society. If the builder does not cooperate, you can directly apply to the registrar for registration
wife co-owner residencial premises, she want to start Play Group,Nursery, Tuitions classes is it allowed asper Maharastara co hsg society laws /act above are treated as residence activities clarify
These are no longer considered as commercial activities unless you shift residence elsewhere and use your flat only for the proposed activities. As for tuitions, take care that the students do not disturb the peace of the building otherwise members will complain and society will ask you to discontinue.
I Anant G Pimple stay in Kalyan(w)at silver RESIDENCY CO-OP hos. soc.we have 1bhk 600 sq. feet& 2bhk 920 sq.feet in annual general body meeting we 1bhk flat owners got the ressolusion passed to collect the maintenes as on squre feet bases but when we received the mom.it was totaly forged by commity members so we 1bhk owners dined collecting the mom.I would like to know on what section and how to take action againsted the commiety members
The minutes of general body are only a draft and are circulated for member's commets and confirmation. Collect signatures of all 1 BHK owners and write to the secretary that the draft minutes are contrary to the decision made in the general body meeting and ask him to change them. Mark a copy of the letter to the registrar and when it comes to payment, again pay as decided in the meeting. Keep writing with copies to registrar. If the committee does not behave, lodge a formal complaint with the registrar. Don't keep quiet, you have to be aggressive .... feel free to ask - karavadedp@yahoo.com
Generally it is the builder who decides how to club buildings into a society, but if both of you (members from both buildings) want separate society you can ask him and even approach the registrar. But before that check - 1) whether underground water tanks, water pumps, septic tank and gates are separate; 2) most importantly, if the land can be clearly earmarked separately; 3) carefully study the plan layout 4) check 7/12 extracts for survey nos.
Unless the land and utilities can be clearly separated, conveyance deed would run into trouble and you would be repenting your decision all life.
Can you please guide me, if the Managing Committee is to be removed as the are not following the the resolution passed in Special General Body Meeting for repairing the Society's property, which will be damaged in Monsoon.
I have purchased a flat in a redevelopment project in Mumbai - Goregaon (East). Being a new member in the already existing society, the society is asking me to pay membership entrance fees of Rs 25,000/-. My question is
1. Whether the society is correct in charging Rs 25,000/- since I have purchased the flat from Builder directly and it is not a case of resale?
2. Also, what are the maximum and minimum limits of such membership entrance fees? Please advice.
I have purchased a flat at Naigaon. Took Housing loan for it. I want to give my flat on rent as currently residing at Malad.Our Naigaon flat secretary is not ready to give NOC for leave & Liecence as he need a NOC from the bank to give my flat on rent.I have done with my agreement & police noc. Please advice asap.
writ letter to the registrar told all thing. society no write to restrict.
Reply by DINESH:
April 29 , 2010 ,16:39 IST
The society must have undertaken not to allow to sell,lease and have noted banks lien on your flat as per banks rules and this prevents the society to allow you to give your flat on L & L.Pls check up with your bank.
In case when the existing housing co operative society is dissolved and the committee working as acting commitee till the fresh election for the new committee.meantime i had given the application to become associate member alongwith form 7 duly completed with noc of first member.at the time of election can i become an associate member in that particular meeting & can i contest for the election if i had given form for managing committee election alongwith associate membership form.please guide me
our soc. is regular member of fedration thane. com. members forgot to deposit the maint. chq. before 31 march. they need new chq. from me , at the same time they are foced me to give late fee or they will treat as defaulter at the time of balance sheet . what shall i do? our normal practise was receipt is always subject to chq. realisation but pdc will not be accepted,for issung the receipt they need 2-3 days, if we pay cash they are giving immediate receipt. is it correct? there is no backup of minutes of previous agm.
I am a joint holder of a unit along with my wife. My wife's name appears first on the agreement document. The Society is one year old and share certificates are not issued. I was nominated to the MC at the first AGM of the Society hede in last June 2009. The Society has gone for its first 5 year term election and has appointed outside agency to hold elections to the MC. I had filled my form and had attached NOC of my wife whose name appears first on the agreement. My nomination has been rejected stating that an associate member should be two years for contesting MC election. Can you urgently advise if this is true? I am a joint holder of property along with my wife. Does the two year rule apply when the Society is less than two years old?
I live in an old building in mumbai. There is no society - only an owners association. The building was built on leased land. Lease period was 50 years extendable for another 50. About 25 yrs ago the lessor passed away without any notification of successor or heir and stopped paying land tax. Since then the association is paying all the dues. Now after such a long time someone is claiming to be a successor to the lessor and asking to renegotiate the lease. What can be done to determine if this person is genuine ? Will this prevent sale of the property ? Does he have any legal standing after such a long time ?
01. The new claimant has to obtain a Court Decree, favouring him as the new owner (legal successor) of the Leased Land.
02. BEFORE obtaining the above court decree, nobody has no claim on the said property.
03. Presently it is best to form a society and proceed with the legal modalities, for future safety.
Keep Smiling .... Hemant Agarwal
Legal Consultants
Address : K-404, Nalanda, Sundernagar, Malad West, Mumbai 400064.
Near Goregaon Telephone Exchange
Mobile : 9820174108
email : ha21@rediffmail.com
Sir,
can the chairman, secretary and "gang" prevent another member from asking his questions and shout him down every time he/she stands up to ask the MC "uncomfortable" questions in the AGM/SGM.
What can be done by an ordinary member so that he can question and grill the MC about any issues relating to the society freely and not be put down by the MC's Goons.
If the question is of so importance to all 2/3 of your members can send a written joint application to the Secretary demanding for a SGM on that particular subject.& C C to sub-ragistar & fedaration c0 -op society
Reply by Chandrakant:
April 23 , 2010 ,18:27 IST
Dear Veena,
Regarding your question you can always seek a written explanation from the committee. As for asking a question in the AGM/SGM they can shut you up by "saying" that this topic is not in the agenda of the meeting. If the question is of so importance to all 2/3 of your members can send a written joint application to the Secretary demanding for a SGM on that particular subject.
Sir,
There is gross mismanagement of our society funds by the MC. As also repeated flouting of various MCS acts and rules.
After repeatedly asking the MC to furnish the account statement and rectifying their irresponsible behavior and not succeeding about 15 of us members filed a signed complaint with the deputy Registrar.Even though we have pointed out the MCS laws flouted against each misdeed of MC, the D.R. is somehow not keen to take any action. Please help.
Tripti kukreja,
our building has not been maintained since it has formed.It's condition is critical.Members are careless .Pls suggest me as secretary what can I do?
Find out what repairs are necessary and take an estimate of exp. If it is within the committee's powers as per bye-laws, get the budget sanctioned in the committee and go ahead with repairs. If the estimate exceeds the committee's powers, call a general body meeting explain the necessity of repairs and obtain its sanction for the exp. If the reserves are sufficient, use them or seek additional contribution from the members. You can also use the sinking fund for major repairs by following due procedure ..... feel free to ask - karavadedp@yahoo.com
In our Society the area of each flat is different from flat to flat.As per the model byelaws the contribution to Sinking Fund should be made @.25%p.a. of the cost of flat and contribution to Repairs and Maintenance Fund should be made @.75%p.a of the cost of flat.Your valuable advice is sought urgently as to whether the contributions to both the funds should be Uniform for all the members or it should be worked out on the basis of area of each flat.
thanks & regards,
kirit shah
mr. d.p. karavade
balance sheet not signed by the trasurer, reason we do not know. but he was filled bond m20,balance sheet was signed by the govt. auditor,sec, & chairman.is it correct practise?
Reply by D.P.Karavade:
May 06 , 2010 ,00:22 IST
A treasurer's job is related to money. He is in charge or custodian of the society's funds but he has no individual authority to spend it. Spending is the collective decision of the committee or the chairman-secretary-treasurer on day to day business. A treasurer has to receive money, acknowledge it, disburse funds, check that the payment being asked to be made is duly authorised, check bills, make vouchers, handle banking work and keep an account of the funds. In short he ia a cashier-cum-accountant.
The Flat / House is in Joint name Husband and Wife. Now My wife want to start Classes like Play Group / Nursery / Jr and Senior Kg / baby sitting and tuition of children as commercial.
Question: Please confirm the activities mentioned above carry from our home is treated as Commercial or non-residential activities, If yes under which by law or if no under which by law.
Sorry for in covenience caused to you. Urgent reply appreicated.
I say in Panchpakhadi Giridhar sudama co-op hsg Soc LTd (Thane) it is an Tenant Co-partnership Society under mhada Lease does i require a mhada NOC for loan purpose or Society noc is required ,allotment Letter was issued by society in 1999
I own a flat in Goregaon East along with my father. This flat was bought for me solely. My father passed away and his only legal heirs are myself and my 2 brothers. One brother passed away last year, a bachelor who lived with me. The other brother lives abroad and is ready to execute a release deed in my favour.I need to know the following.
1. Can my brother who is in the US send me a release deed attested by the Indian Embassy there? What is the stamp duty to be paid?
Does it have to be registered ? I am told there is a provision in the Act that says that those abroad need not register the document,attestation by the embassy will do. If this is not permitted what is the procedure?
Is it mandatory for the document to be regd only in Mumbai as I live in Chennai and the property is in Mumbai?
Sir, I have just purchased one house at village road last one year back. we have paid Rs. 5000/- to society for NOC Certificate & we have NOC Certificate & Share certificate issued in fvr of us. we are also paying quarterly maintainence society bill. but now the society says that you are not the members of the society. What action we can take now ? How we can know that it is registered society or not.What is the procedure to be a member of the society ? how we can check it out whether we are the member or not.?
hi, what are the roles of an internal auditor in a housing society and whether can he conduct the AGM of the same. what are the norms of circulating the minutes of the meetings-(i.e within how many days has the minutes be circulated). thank you
sir
i want to know associate membar can join commitee? if he can then what is the rights he have in commitee as tresarer?any one mmember can oppinted associate membar if he is not able to join comitee?
thank u
Hi my resident in mulund (W) our Building is Co.Op. Housing society. one member is not paid maintenance for last three years. the sum of Rs. 1.75/- Lac we request her to paid maintenance but he was not give any replay? & also our management not take any action. so in that case what can we will take a action against her?
What if the elected members of the managing committee of a society do not execute a bond on a stamp paper, as provided under the Bombay Stamp Act, 1958, within 15 days of their assuming office.? Will the decisions made by them be considered invalid.?
Please confirm me how much non-occupancy chares we can charge to a non residing member,who has rented his flat in the housing society? In Pune.
shrikant
Recently I Purchased flat on Bank auction ,Which was unoccupied for the last 10 years.Now the Society members is asking us to pay the full Maintenance chargeswith interest for the the last 10 years. As per my Knowledge if the flat is unoccupied only 10% of the maintenance charges is to be paid.Where can I get the legal information on the Maharashtra Registered Society Laws.
The society has no authority to collect maintenance arrears for 10 years from you. You are liable to pay maintenance only from the date of sale order issued to you by the bank. When any flat is sold in auction, the committee (secretary) is supposed to write to the bank that the defauting member is in arrears of society dues and that the bank should settle those dues. If the society has failed to do that, it is their problem. You need not pay a single rupee for the period prior to your date of purchase - feel free to ask - karavadedp@yahoo.com
HI,
I had purchased 2 1BHKflats from builder at the construction stage ,since I had requirement of 3 BHK . However the sales brochure had shown it as 2 different flats. At the time of registration , a single agreement was made , the plan of the flat clearly showed 3 BHK plan ( no demarcation of 2 different 1BHK ) . However the intial nos. allocated to flats were as it is in agreement for eg 602/603 and also on the name plates put up.
Based on this the society is charging maintenance per flat basis for each flat of 602 and 603. Can any one suggest whether this is right
Our Housing Society switches off the electrical connection of all flats in the building for 15 minutes in the morning when the water is released to deter certain people from using pumps to fill up their internal water tanks. This creates a lot of inconvenience for us as we have to get ready to go to work. Can the Society legally do this? Moreover they have started to fine residents who have potted plants kept in their balcony even though they are kept in plant coasters and no water is spilled on to the walls of the building. Is the Society justified in doing this enven though no damage is done to the building walls.
can an non member attend the special general body meetings? is the non member able to express his views on the particular matter of the agenda? If any body objects then will he have to leave the place of meetings?
In a general body meeting and if the society consists of 70 members then can a system of ballot box be approved if maximum members presist as yes and if minimum then what is the state. The ballot box can be used to discuss the matters in the agenda or what? any prior information to the M. C. needs to be given or what?
yes this is called professional use . a part of the house can be used for professional use like doctors , chartered accountants teachers etc
Reply by HemantAgarwal:
March 25 , 2010 ,14:19 IST
A CHS member can make use of his / her own flat for "self-employment" such as Tutions, Clinic, etc... This is allowed under the BMC rules and he MCS Act has no restrictions on this. The general body or the CHS mg.committee has no power to stop such activities, provided it is done by its members.
Keep Smiling .... Hemant Agarwal
Legal Consultants
email : ha21@rediffmail.com
mobile : 9820174108
our society is under repair and while doing the repair my window frames has got damaged. The society is not ready to replace the damaged part whereas we flat owners are charged with 45K as repair charges. kindly advice who should bear the cost as per co-op society rules
we have two separate buildings across the road. we have co op society 8 members from bldg. A & 8 members from bldg B we now want to devide the society since bldg A wants to go in for redevelopment. Please confirm whether we can devide the socieyt in to two separat socities.
If a member has purchased 3 (three) flats in a co-operative society and the society has issued 3 (three) nos. of share certificates in same name, in the process of election how many votes he/she can cast.
Hi,
I am plannng to buy home, in that firm society is not formed from last 7 years. Due to some problem builder is now completing one wing which is pending from long time.
Is there any problem to buy such property???
to shilpa,
send copies of your letter to Chairma and Office bearers of the society,under Certificate Of Posting.Additionally send one more copy of the same letter to your self,by including it in the same list.When u will receive the letter u will come to know that the chairman and other office bearers have received the letter.Moreover the committee cannot take plea that they have not received the letter as at a time u are sending letter to 4/5 persons.The receipt of the post office is the sufficient proof that u have despatched the letter.
The mananging comitttee of our co-op soc. is not ready to acknowledge any of our documents which we give to them. As they are not functioning properly we have asked for the copies of the minutes book and the raised maintainanace records which they have done by not taking a general body. Can complaining to a registrar be a solution or what type of other rights does a member have?
shilpa mam
do not send upc. prepared application with using carbon paper, mark 1 copy to soc.,1 copy to soc. registar. do not forget to take acnowlegment from registar. do not take zerox copy.(pankaj_pradhan24@yahoo.com)
Reply by manish:
April 01 , 2010 ,18:28 IST
send them by registred post. even i m doing the same
Reply by Shrikant:
March 19 , 2010 ,07:55 IST
I experienced the same problem with the committee members of my society.what i did was i sent copies of the letter addressed to the chairman ,to all office bearers (4 ) of the society by,"Under Certificate Of Posting".In the same list i sent one copy to my friend in the society,to ascertain when the letter is reached to the chairman and office bears of the society.In the letter I had also mentioned that since no body of the committee is acknowledging the letters,I was sending the letter under UCP.By sending the letter by UCP you can establish that you have despatched the letter.More over they cannot say that no body has received the letter.Additionally you have proof that your friend has received the letter.
Once a Co-operative Society is formed can it be again seperated? Our society has 2 wings, C & D. Due to the managing comittee making lot of manupulations the members want the society to be seperated. Is it possible?
Raymond
our housing society does not provide us water even for 5 minutes ,we are facing this water problem past 10 yrs,Whenever we bring this point in the meeting, the chairman say's since we have only one water connection,we are unable to provide water, every week I have to buy water from outside. Per tanker of well water which is not drinkable I have to pay Rs.140/-. In a month I pay Rs.1120/- only for tanker water & maintenance charges of Rs.811/- in a place like mira-road, .we had may meetings but nothing is happening, & I am sorry to say there is no unity in our society, so should I still pay the maintenance,I am a regular property Tax payer.
Our Housing Society Bye-laws restrict purchase of a second house in the same society or within the limits of the district. Under the new model bye laws this condition has been done away with. Since our Society has not adopted the new model bye laws can someone advise (a) what is the position regarding this under the Act and (b) if the Society can insist on this condition or being bad in law cannot be enforced.
A reply to my e-mail address ( raj_verma1@yahoo.com ) will be appreciated.
G KADAM March 13, 2010
Our co-op society is located at Bhayander. One of the resident is staying in one flat since 8 years, who is not owner & staying on leave license agreement. Owner of the society has become handicapped & can't take any action against hime, & even loan of the flat is not cleared. Once bank silled the flat, but he took help of Political party & opened the sill. The person is not even paying any dues of the society. And now the person has started internal repairing work without NOC of the society. No one is strong enough to take action him. So guide us what to do?
Our flat in Mumbai is jointly held in my father's & brothers name. Father is first named. We are four sisters and one brother. One sister is married. My mother expired earlier and father expired recently & has not provided nomination in the society's records. Firstly can one of our sisters be included as joint owner alongwith my brother? If yes then what are the formalities.If not then can my brother nominate one of us as his nominee and what are the formalities.
Dear Sir,
The flat is owned by father and son ( both the names appear on share certificate with fathers name as a first name) . My father has died recently and there was no nomination given. I have been staying with my father and maintaining flat .
please advise mode of tranfer of flat in my name.
Dear Sir,
Staying in C.H.S as i park my commercial vehicle (auto rickshaw) in the building open space for last couple of months. The society did not mentioned the parking charges in the maintainence receipt. After a few months they are send the claim bile asking pay the parking charges which is very high for a person like me as what i am doing. Is there any specific laws to know what are the permissible rates for owned and commercial parking the in the C.H.S premises. Shouldn't be there any intimation from the society that the rate would be this if parking is done in scoeity area. Please do let me know
Dear Sir,I am living on rental basis in one co-op hou.soc.in pune.from last two year's I am parking my 4 wheeler in regular covered parking of a building.On one fine day Chairman have issued a hand written notice saying that henceforth i cannot park my car in covered parking & it is to be parked outside the building.
I will be very much thankful if I received the information that -is there any right to chairman to intimate such a thing as per the provisions of law.
I am having flat in hsg soc in Virar. The Chairman of the society is treatening every menber of the Society and if anybosy is not in sync with her then she plays goondaism. Several meber he penalised in this way. She is also a chairman/secretary in another society.She has created a terror in society due to which nobody is darring to speak against her. Please suggest me how we can deal with her.
Dear Sir,
My wife runs a children nursery for 3 hrs. a day in the flat we are residing in. There are many other members in our housing society who give tuition to children. In one of the AGM, the managing committee proposed levying a charge of Rs.300/- per month for the children nursery run by wife. No such charges are levied on any other members giving tuition. The society is charging the amount only from me and showing this amount as "other charges" in their monthly bill. Is the society justified in charging?
Tuition to children in your flat is a busines activity for which Society have a right to charge you necessary levy as per management commitee meeting's decision. However they can can not use power on discretion basis not to levy other member on same circumstances. You can always file your complaint to the soiciety for levying other members who conduct private tuition
We are having Society with 10 members. 2 of the flats belonged separately to husband and wife. After the husband expired, the wife now has 2 flats. Does the number of members now get reduced to 9? What are the implications for the Society? Will the wife have 2 voting rights as she has double the number of share certificates?
Can a society pass a circular restricting work hours for carrying on civil and furniture work in my flat? The current hours are very restrictive from 9am to 2pm and from 4pm to 6pm. Also the society circular says that the workers have to vacate the flat during non-work hours. Is this legal?
ths is done to avoid more tax to bmc.,.,...,.1bhk means it is for lower incomr group.,.,.,.,.while 3bhk means higher income group.,.so u hav to pay more tax.,.,.,.,.,.,but u own two small flats , tht avois paying more tax.,.,.,,ths is right n very legal.,.,.,.,.,.
I'm the member of one co op soc in dombivli city and the share certificates are also in my name , But inspite of telling time to time there are four members who are running comitee not taking action on the issues i'm facing such as we 've no electricity at night and all vehicle owners in the soc as well as outsiders keeping their vehicle on the entrance gate , secretary himself using his house in training foreign brid dogs in the subject that he is a dog trainer . How can one make use of his house for making his earnings ?
i want to clear my queries that i am reside at goregaon in 180sq. small area mahada colony.i affixed shoe box outside of our wall, after 2 months soc. took action against who was affixed box.when i ask to soc. who gave complaint against us then committee member reply nobody ,but it doesn't look good to other.i also want to mention that chairman of the soc. his not legal member of the soc.and is flat has named of his wife so he has right to hold the post of chairman.
Dear sir i have purchased resale flat. the society is found but the share certificate not yet issued.to issue the bankers are saying that to change the commitie.coz the commitie is 7 yrs old.i was a new member.because of nobody willing to take the possison of secretory they elected me as a secretory.Is there any proble? if no can u have me the responcibilities of a secretory
To begin with, you cannot become a committee member, forget secretary. unless you have completed 2 years of your society membership. If the committee is 7 years old and still share certificates are not isueed, obviously you have a lot of mess to clear. You need to have a good knowledge of the bye laws since it is the secretary who is responsible for all legal compliances.
I have purchase resale flat in MIDC area . What is the procedure of MIDC Transfer?. what documents required for it.? any specific format for application required.? please guid me.
Dear sir,
I have purchased 1 BHK flat in registered Co op hsg society in thane. Flat agreement is on joint name of me and my mother. i have first name in registered flat agreement so i presume that i will have first name on share certificate. i stay abroad and for past 6 years she is keeping tenants on rent without asking for my permission and she is making live and license agreement between her name and tenent name. she is taking full rent for her. initially,as she is my mother, i neglected and allowed her to take rent but her activities are becoming audacious day by day.sorry to say but my other is evil by nature.i want to terinate this practise now. my society has not yet issued share certificate to me despite of several requests. i suspect they are also hands in gloves with my mother. pl. suggest, what can i do..i want to remove the existing so called tenant who is staying there without permission of first owner, means me.
Technically, since the agreement is in joint name, your mother becomes a joint owner/member and the share certificate too will be issued in joint name. But you can issue a notice to the society asking for issuing share certificate immediately and prohibiting it from honouring any agreement made without your signature
Dear Sir,
Mu uncle has a 1RK flat in nerul,navi mumbai.Kitchen has a door that leads to terrace.Society people started harrasing uncle by saying that they will lock the door and he cannot use the terrace as it is society's property.
Uncle is ill literate and was under the impression that he was owner of the flat & the terarrce. He filed a court case and the judgement passed was that he can use the terrace but cannot claim ownership.
In the agreement it says Flat with terrace but no AREA is specified.
What can be done in this case. Pls help.
Dear Sir,
We are currently staying in a newly registered housing society in Mumbai. The flat is jointly held in my and my wife's name. We are asked to submit nomination form. Can we (1) nominate ourselves (2)suppose having nominated our children will there be an issue for one of the surving joint holders - what approach will the society take?
Nomination is neither compulsory nor is nececcasary in your case because in case of death of one member the other becomes the owner. The wife is the natural heir of a husband's property under the Hindu Succession Act. Even if nomination is done, a nominee is only a custodian of the property and not the owner. If there is any dispute over the property among the successors only a court can decide, nomination does not help.
Dear Sir,
We are a co-op housing society in Mumbai. One of our members wants to tranfer the flat on her name. She has a gift agreement from her brother who is still alive.
She has paid stamp duty and registration for the flat. Should the society charge her transfer fees?
Shahnaz
No, a transfer within family, as defined in the bye-laws, does not attract transfer premium. Only transfer fee of Rs.500 and membership fee of Rs.100 alongwith membership application is necessary.
I am living at Harmony Horizons,Ghobunder Road, Thane. The builder is constructing the buildings in 2 phases. So he has not formed the society yet. We had already paid 18 months Maintenance(@Rs 2.25 psf) at the the time of possession.Now that period is over and he has send a notice demanding maintenance at Rs.3 psf for next 18 months.So can he increase the maintenance without showing the actual maintenance to members. He is not providing any details. Also he has send notices to members who had rented their flats , asking for non-occupancy charges. Can a builder collect non-occupancy charges?
Dear Sir, Our society in pune has all bungalows. Initially it was noncommercial. But front two bungalows asked for permission to start commercial shops. Society has given the permission issuing NOC. Now CHS members are facing some problems due to this. Can CHS cancel such permissions? If not is there any other way to stop this?
registered under maharashtra co-op soc. act. kalyan
1) our society is demanding submitting nomination form prior to issue of share certificate. they are not even ready to issue a share certificate number so that we can fill and submit. is that legal? and what clause in the co-op act defines about this.?
2) The maintenainance charges - we pay is 881 and the non occupancy as 200/- and we get a receipt of total paymetn together. no seperate receipts for non occupancy and maintainance. / is that required to get two diff. receipts/ please advise.
Nomination is desirable in order to avoid issues after the death of a member but it is not mandatory. In any case, share certificate cannot be held back for this reason. Before you pay, they must first issue a bill giving complete break-up of charges including non occupancy charges. Then they need not give break up in the receipt, giving reference of bill no. is enough. Complain to the registrar about this.
My society inviting tenders for coloring the building.what are the rules for such tenders that society should follow while opening the tenders so that no biasing.
You must get at least 3 quotations / tenders, see if they meet your requirements with regard to the scope of work and the quality of material and workmanship. Then evaluate them in terms of price, check their credibility / status in the market, past experience, ispect the sites they have completed. Ensure that they are financially and technically sound to carry out your work and then decide. All this evaluation has to be done in the committee and the committee has to decide, not an individual. If necessary, call general body meeting and decide
Any judjement passed by Supreme court & High court (Mumbai) regarding open terrace of society repair by society whether it is useing by privetly? please give details of Jugments reference Numbers & date.
I am staying in a CHS in Uran new Bombay.and just below the terraces.Now some cracks are appearing on the terraces and it is some times used by residence for marriage feasts and like viz.
Please advise me who is responsible for carrying out the above terrace repair and please give me the latest court verdict in this regard along
with court order number and date.
Thanking you
At the time of purchase of the flat, both the parties agreed to share the cost of society transfer fees (50% each). If seller defaults on payment can the society hold the buyer responsible for full payment?
Dear sir,
My parents had a bunglow,in a co-operative housing society.As we are 4 sisters my parents who r no more asked us to build a flat for our selves, so each of the sisters put in their money and built a flat.The building which once was a bunglow now it has becaome into 4 flats. My point is acccording to the society it is consisdered has one plot one member.Since the death of my mother my elder sister is the member in case of her death
her name will be removed from the share certificate but the society won,t add her husbad or son's name they will be associate member, again if all the sisters die whose name will be added in the share certificate as the it will stand namelss is the possible?
sir, i am resident of marathon cosmos society, mulund our society has A, B ,C ,D,E,wings however A AND B WING has small flat as compared to C,D,E ,f and society have charged other charges to A nad B wing abnormaly high on basis of per flat from this month.why there should not be rise in bill proportionate?.pl guide us.earlier our society was run by builder and he takes RS 3 per squre feet
leakage of water from 2nd floor flat to first floor flat, due to modification of wc comode from Indian to europien by 2nd Floor. hence pls advice who will bear the charges of repair.
Babaso
our soc. is member of fedration thane since last 25 years.we have regular audit from govt. approved auditor. coincidence or intentionly i do not know but last 4 years balance sheet shows audit fees, but there is no signature & rubber stamp on balance sheet from govt. approved auditor.
my doubt is such balance sheet are valid or not? committe members are ready to show audit reports but they are not able to say about my doubt in agm. they alrady shown permission for expances in agm.
Unsigned statments of accounts, namely the Balance Sheet and Income & Expenditure a/c (Profit & Loss a/c) cannot be termed as audited. They must bear signatures of the chairman, secretary and treasurer and thereafter the auditor signs it. Without the auditor's signature on these, the audit report is incomplete. You may also question the auditor directly as to why he has not signed them. If you don't get satisfactory reply from him, you can complain to the registrar against him also alongwith the committee.
I have puchased a flat and had made full payment but just at the time, we were about to recieve possession builder asked us to deposit a amount in lieu of VAT @ of 4% of purchase value. He did not tell us anything about VAT at the time we have purchased the flat, but in agreement it is written that if the case (against the VAT circular) is decided against the builders, at that time the liability to pay VAT will be our's.
We dont want to pay VAT before the court gives its decision. Please suggest what we can do?
(co.op. hsg. soc.) mandatory requirement of bond m20 starts from which date? after 1 year we came to know committee members not submitted above said bond,this was happened in the year 2006-07.in this case the decision & expenses declared by the committe members through balance sheet & agm are legal or not? soc. members had suggested several times for bonds & its requirements to be confirmed with fedration thane but they never turn up.
our society has only 16 flats /members. the previous committee has resigned. Registrar has appointed returning officer to conduct elections. No one wants to take up the responsibility. Insuch case what is the remedy. will registrar appoint administrator ? who pays for his time ? at what rate ?
If nobody comes forward, the registrar will appoint an administrator and you only will pay for it. And remember, the administrator is not answerable to you for any of his actions and decisions. In the end you will be losers and very badly at that. It is better that saner counsels prevail and the members come forward to run the society. After all it is your property, not the administrator's nor the registrar's.
My husband purchased a flat in Mira Road about 10 years back. Since he is away most of the time, I would like to become a joint owner. The housing society is registered. Can I become a joint owner and what is the procedure and if so, whether I can hold office in the Managing Committee of the CHS.
You need to become an associate member which requres that your name appears second on the share certificate. Apply for membership in the prescribed format alongwith your husband's consent letter and delegating all his rights and powers to you and pay membership fee of Rs.100. Once you become associate member, you can become join the committee ... feel free to ask - karavadedp@yahoo.com
We are using our residential premises for commercial purpose.In this respect Municipal Corporation of Greater Mumbai is assessing us as a commercial Unit for Taxable purpose. Furthermore Our society is charging us penalty and also interest on penalty for using the premises for commercial purposes. Kindly advise us whether the society is right in doing so. This society has not submitted Form M-20 to Deputy Registrar of Co-Op. Society.
You cannot change the usage of the flat for which it is allotted except with the society's permission. If you seek permission, the society is supposed to inform the BMC which in your case has already happened and will charge you maintenance charges at commercial rates as decided by the general body meeting (AGM or EGM). As regards M-20 bonds, if you complain to the registrar, he will take action. But remember, you are also on a sticky wicket.
we have 200 flats in our complex. builder not in position to handover the. soc. at the time of agreement bulider given in writing kdmc water supply, but he demand 25000/- extra per flat for midc water supply.50 flat
owners are not ready to pay 25000/- & hence builder provided grampanchayat water supply.what shall we do? shall we approach consumer court? builder alrady given receipt of 25000/-.
Are you from Lodha Heaven Dombivli? This problem is faced by several societies which when planned were in KDMC but by the time the bldgs. were complete, the area (27 villages) was taken out of KDMC. So water supply will come from MIDC or gram panchayat. MIDC asks for infrastructure money running into lacs of ruppees. If it is not paid, it will still supply water but the rate will be Rs.15 per cubic meter instead of normal Rs.7 to 8. Since the builder must have collected water resources money from you at the time of purchase of flat, he has to pay the money to MIDC and arrange water. If it is Lodha, your are duped. You can move consumer court. Feel free to ask .. karavadedp@yahoo.com
Dear Sir, Madam,
My flat at Andheri, is owned on joint name,first holder is my Husband according to agreement. If i want to shift my parents in my absence in the flat. Do i have to pay non-occupancy charges even if they will not be paying any rent to us? Whether parents of married women are member of the family? Please suggest urgently.
No you need not pay non-occupancy charges.You can just intimate to the society about the people staying at your flat/house and declare that they are your parents. And you will be responsible for all the regular payment to the society as decided in GB.
Dear Sir,
I want to lease my shop for conducting fast food outlet, but the society is not giving me NOC the secretary states that I need to sign an indemnity bond stating that there will be a seperate water meter, no-usage of the space for approaching the shop and timings should be as per bmc rules.
Although i have given in writing that i would abide by the rules and regulationsm he is still insisting on the indemnity bond . It has been 2 months now and I am already losing out rent plus the tenant cannot start with the fit-out works required for running the business. Pls advise
i am the member of the managing committee.I would like to know what is role of an office bearer in a cooperative housing society.Should I tamke the responsibility of an office bearer,since have no knowledge of it.
pls. reply
In you Society office, you will get a book ( red colour ) called By-Laws of Society. Please read carefully each and every infromation is provided in it.
What is the procedure for transfering of flat to legal heirs in case of death of the owner. My brother and his wife have died few years ago. They are survied by two grown up sons (adults). My brother who was the owner of the falt has registered nomination with the society with 1/3 share each to his wife and two sons. Since his wife also died, the surving legal heirs are their two sons. What documents are to be given to the Society to get the rights of the flat transferred in the joint name of both the sons. Please advise.
The heirs (sons) have to make an application to the society accompanied by death certificates of their father and monther and an indemnity bond to the effect that they are the only heirs to the property and indemnifying the society against any claims made by any relatives / would be heirs to the property in future. The society, if it thinks fit, may issue an ad in a newspaper inviting claims and/or objections and then transfer the flat to their name. Alternatively, they can obtain succession certificate from the court and submit to the society for immediate transfer.
dear sir,
i had purchase one flat, stamp duty paid, registration done, socciety trf paper given to secretary. Now i want to give my flat on rent, but secreatery says you cannot give flat on leave licence since i am not yet member of society & you will have to wait till AGM which will held after 5-6 months, is it right ? Why i can not rent my flat when i am an owner ?? I am loosing 15000 rent each month, is there any other way ?? Pl help, it's urgent.
thanks in advance.
I disagree with Mr. Ashish. Transfers are approved by managing committee, AGM only ratifies them. It's only a formality. Having received all papers from the transferee, the secretary is supposed to check them, point out shortcomings if any and when complete, place them before the next meeting of the committee and get them approved. Once approved, the transfer is recorded in the respective registers, endorse the transfer on the reverse of share certificate and return it to he transferee. He cannot be made to wait till AGM.
Reply by ashish:
February 03 , 2010 ,15:05 IST
The Secretary is right , unless you are formally made member of Society and the shares are transfered to your name you can not lease the property.
Only AGM can Address this issue. you have to wait till AGM.Because you only paid Money for FLAT and Registered yourself with Govt. Authority for a Flat owned by Society. Even though you paid for the Flat , the real owner is Society. Once you are Member , you will be share holder of the owning Society and Society through By-laws will allow you to use the said flat.
Please advise on the following queries:
1) can non members file a case against members of a housing society ??? The occupants in the flat below us have complained about leakage from our flat which was actually from the society pipe outside. They have filed a case against us both in the societies court and the BMC court.
2)what kind of action can we take against the managing committee who does not help the members resolve issues related to the society.
I have a flat in Prabhadevi, which was given on rent since last 3 years to 3 different tenants each year. The society demands Non-occupational charges equivalant to our maintainance charges e.g. we have maintainace Rs. 400 per month and Non Occupational charges demanded are also Rs. 400 (100% of maintanance). Society do not accept our monthly maintainace cheques because we have not paid non-occupational charges as per their demand. Also they have not issued our share certificate of the flat. In the last month, we submitted a application to society for accepting the maintenance cheques which they denied to accept and did not give acknowledgement copy. I explained them about By Laws of 10% Non-occupational charges, to which, they do not ready to listen and forcing us to pay charges as expalined above and also threatened us with Police complaints against us.
Under such circumstances, please advise me the course of action from my side. Thank you. Regards, Sachin Yadav
First thing :- Pay off all the dues and Please take separate Reciept for Maintenance & non-occupancy charges. and intrest if any.
Ideally non-occupancy charges can not be more than 10% of 50 Rs whichever is higher.
Also Check the By laws of your society ( A member can read the book in office free of charge) If the by laws include a non-occupancy charge =100% of maintenance , you can go to Register for unjust payment. But I am sure that By-laws will not have provision for 100% charges for non-occuoancy.
if you see 10% or 50 Rs as provision , immidiatly give a written applicaiton to Society seeking explanation. And very important , attend the next GB and make sure your problem is part of MOM of the GB.
Further you can take action by apealing to Registar of the society
Reply by D.P.Karavade:
January 30 , 2010 ,23:25 IST
Do not give in to the pressure. Keep sending monthly cheques with 10% non-occupancy charge by registered post. If it is returned, preserve the returned letters alongwith the envelopes as evidence. Challenge them to go to court or police if they have guts. Complain to the registrar about this high-handedness as well about non-issuance of share certificate.
1) our soc. established in 1972 with 31 members . 20 block members not ready to pay the stamp duty according to amnesty scehme (1985).are these members are legal member of the soc. according to byelaws?
2)in the year of 2006-07 committee members not declaired the m20 bond. because there arrgument was they do not know about such circular declared by the govt.in the same year they have declared the name of soc. members as defaulter without giving prior information in writing. in this case shall we demand for administrator to the registar. if yes, what will be procedure.
im a member of a Registered CHS,plz solve my foll. queries regarding M20,
Denomination(value) of stamp paper and is notarisation required?
2)Tenure of a Co-opted membber?
3) Can a person whose name stands Third /Fourth in the Agreement for sale of a flat become an Associate Member and MC member of the Society?
PLEASE HELP
Can the managing committe appoint a third party(returning officer) for conducting the elections for new committee directly.
Correct me if I am wrong, only the registrar can appoint a returning officer for holding a valid elections.
Our committe members appointed a returning officer directly. Under which section they can be tried or complaint be filed to the registrar.
The procedure for elections of managing committee members, detailed in the bye-laws does involve appointment of a returning officer. The person qualifying to be a returning officer can be a member of the society who is not eligible to contest the elections or one who has not nominated or seconded any candidate's nomination or any other person. If necessary, the registrar can also depute his representative as a returning officer at the cost of the society .... Feel free to ask - karavadedp@yahoo.com
our soceity was registered in 2003 may under thane area.The secretary of the society is carrying on the business as per might is right way.No accounts, No AGM, all decisions are unanimousaly taken by secreatary without taking any member into confidence. noone dares to complain against her as she is advocate and threatens to sue in the court against the memebers who will fight against her.what should one do in the circumanastances ?
Who has appointed her Secretary? Are the other members so coward that they are afraid of her? Get together and throw her out. 20% members can send requisition to the Secretary to call a special general meeting, which he/she must call within 1 month, where all issues can be discussed and the Secretary or even committee can be dissolved and fresh election can be held. Take help of the registrar .. Feel free to ask - karavadedp@yahoo.com
our society was registered in 2004, since then it is controlled and managed by the same committee and now after the resignation of the precident of the society, it is solely managed by secretary. she is not welling to vacat the post. All monetary decisions are taken by the secretary only without taking into confidence any member of the society.Worst part is that a building consisting of 30 flats,has only 5 owners residing, other all are tenants and the owners are reluctant about day to day working of the society. Statement of accounts have not been prepared / displayed to the members of the society and no AGM has been held for the election of new committee. my question is that does secretary has a right to make expenditure in a way she wants? what should be our plan of action ? should i call for information under RTI act ? pl reply
Ideally you as a member can not do anything as 1 person. The Secretory -with it's Managing Commitee have right to take any decision. You can ask for Balance sheet and AGM / GB minutes of Meeting for last 2 yrs.if this Managing Comitee does not provide you with the information. You can as for Register of the Society to intervine . But looking at your problem. only 5 owners out of 31 , means all 5 will be commitee members and other wont bother , probably you are helpless as our laws are loose piece. imagine you alon fight and other supports the Comitee ---you are out in one shot.it will be good if you with other non-staying total of 16 ask togather to Managing comitee for a Special GB and throw them out of the business.Like good politics
I am having a flat in Jui Nagar at Apollo CHS Ltd. Sector 25 registered under co-operatives act. I have subleted/leased the same. The Society is levying NON OCCUPANCY CHARGES double the normal charge i.e to say Rs. 700 indtead of Rs.350 per month. When questioned with the Office Bearers they informed me that the Lease agreement should be Registered with the Registrar of Co-operatives,which may cost some more thousands.
Under the circumstances plase advise me the course of action from my side.
Regards,
M.Manickam.
Forget double of maintenance charges, the committee cannot charge more than 10% of service charge. So the maximum amount in your case will be Rs.35/-. Ask them who authorised them to charge this amount. Ask for AGM minutes where the decision to charge non occupancy charge was taken. Even AGM cannot decide to charge more than 10%. As for registration of Leave & License agreement, it is none of society's business. It is for the owner and tenant to decide. Don't pay more than 10% as non-occupancy charge. They cannot do anything. Let them go to court if they have the guts. Don't lose your cool.... Feel free to ask - karavadedp@yahoo.com
Dear sir,
my society has taken a home loan from a bank on behalf of the member.
and but due to financial problem i could not pay that amount (Intallment-interest) in time. but now
society has given me as notice in which society states you are supposed to pay principal+interest amount along with socities penalty 50% of the interest amount.Can any society charge 50% of the interest amount if menber if does not pay his bank's dues in time.
can a society charge him 50% of the bank interest amount. for eg.if bank's interest is 10000 to be paid can any society charge him 5000 as penalty for non payment of bank loan in time.if not what action can be taken against socitiety. under which act i can lodge complaint against our society.
A society obtaining housing loan for any single member is unheard of. I doubt if it is legal. The issue has several legal angles. Your agreement with the society should have the final say in this. Take the help of a lawyer, if necessary.
Can (BMC) water department of Municipal corporation disconnect water supply connection of the defaulter member of the society for non payment of water bill on request application by the society
To my knowledge, BMC does not supply water and bill to any individual member. Supply is made, metered and billed in the name of the entire society. BMC will disconnect supply to the entire society if the society fails to pay bills. Whether any individual member pays or not is not BMC's concern and the BMC is definitely not authorised and equipped to disconnet supply to a single member because he has failed to pay society's maitenance. It has no locus standi in this.
Can a person be Secy. of a building for 25 years. Our SEcy. just does not want to leave his position. Does what he likes, can we file a criminal case against him as he does call some members for the AGM. AGM is held after 8 years and we are not informed. please reply
Maximum tenure of the managing committee is 5 years. File a petition with the registrar pointing out the irregularities. He will carry out inspection and take action
Our Society got registered on 12-1-2009. The Members of the Provisional Managing Committee did not comply with signing of the Indemnity Bond. Their terms ends on 15-2-2010. Can they sign a back dated Indemnity Bond what should be done for non compliance.
I had purchased a flat at Dombivli. The original Share Certificate was wornout & i had no intention to sell the flat in future i laminated the original certificate unknowingly. Now my parents came to stay along with me jointly because of old age, the existing flat was not sufficient for us to accommodate Two families. Therefore i sold my existing flat & purchased a new Big flat. Now the Society is objecting on the lamination of the Share
Certificate (evcn though the same is in original but in laminated form)& the Transferees name cannot be written on the laminated Share Certificate. Please guide me the rules regarding issue of duplicate Share Certificate in such a typical case.
Lamination Can Be removed By similar Reheating Process.Use a hair Dryer . Heat and cool it 10 times , it will come out.
Share Certificates can be issued in Duplicate , Give indiminity bond of 10 Rs ( refer By-laws for what to type on indimnity) and file FIR in nearest police station saying lost Shares certificate in home. Give this 2 docs to Secr. and Apply for Duplicate Certificate by paying Applicable fees for Duplicate Share Certificate.
No need for any general body meeting. General body only elects the committee members and the committee members elect chairman, secretary and treasurer from among themselves. So the managing committee can elect another committee member as next chairman.
If administrator who is a member of CHS and he dies how to transfer flat if there are more than six legal heirs.Is there way to appoint new administrtor?
Please advise.
Regards.
Jayant
I have Query? I am s member of the co operative society where I am residing with my family ie my wife,son & daughter for the past more than twenty years.My daughter wants to apply for a Passport for which we have requested the Society Office Bearers to issue a Bonafide Letter to my daughter that she resides with me?.The new Managing committe has refused to issue a letter in her name stating she is not a member and letter can be issued only to the member? On my request to issue a letter in my name with my daughter's name included as staying with me the reply was they cannot legally issue such a letter? Are they legally correct can such a stand be taken putting the members and their families into inconvinience on a trifle matter like this? please let me know ASAP?
They can very well issue a certificate that you are a bonafide member of the society and have been residing in the society in flat No. ---- alongiwth your family members (listed in the certificate). You need to only make an application. No law stops them from issuing a certificate to you. Alternatively, if your daughter's name appears in your ration card, that too would suffice.
In case of non-existent or faulty nomination, the decendants of a diseased member would have to obtain succession certificate from the court and submit it to the society for transfer of title. A lawyer would help get this.
in case of a shop owner of a CHS, can original member (that is the person whose name is first on share certificate) change the associtae member as he is cheating the owner, as owner does not resides in mumbai. what is the procedure to change the associate member. can a nominee become the new associate member? if we change the associte member what we have to pay him? as CHS act does not give any ownership rights to associate member.
The associate member enjoys his rights only at the wishes of the original member (whose name appears first). He can always change the associate member by making an application to the society and attaching fresh application form from the new associate member alongwith entrance fee of Rs.100. There is no question of paying to the first associate member who is being replaced unless he is a joint purchaser of the flat / shop. Feel free to ask - karavadedp@yahoo.com
This is to brting your atttention, that my uncle kept , the new stamp papers with signature, and not traceble .In urgency, he made will deed on old stamp papers due to ill health cancelling new stamp paper stamp .My son consulted advocate and written will deed in his favour with two wittnesses: one genunine signature 2nd wittness is forged,other person who expired on service. My son has distribute with other brothers sons and settle in LOKH AYUTH. Can I proceed the case with the grounds now, on the basis of old stap papers. PROPERTY IS YET REGISTERED SOFAR EVEN AFTER LAPSE OF THREE YEARS canI make another will on my wife name
This is to bring your attention that I am herewith mentioning some of my queries and awaitng for the reply.
1. In a housing society election, whether the society members can directly elecct office bearers like Chairman, Secretary etc ?
2. Or they have to elect the committee first and the committee should elect the Chairman and Secretary etc ?
General body (all members) only elect the committee members and the committee members in their first meeting elect office bearers, namely Chairman, Secretary and Treasurer among themselves.
We have recived letter from our society that we have encroached upon the premises of the society and we are being fined by the society.As per the initial floor plan given by the builder the front space outside our main door
was not included in the floor plan but in the year 2003 the builder had revised the plan and given the revised plan to the tenants showing the front space was included in the flat . this revision was done after the society was formed and regarding this he had not informed the society.now since was given the revised plan but the society has sent me aletter of encrochment .
can you guiode me on this issue and inform me whether the society can charge me fine on encrochment nad whether revised plan given by the bulder is valid .
Hi, I have purchased a resale flat, which is adjacent to my present flat on the same floor.
Now I want to know the procedure for "Society membership transfer". Please guide me about the details. Do I need to involve lawyer in this case?
You have to apply to the society for membership in a presecibed form (Appendix-23) and attach the following papers thereto:
1. Full copy of your purchase deed alongwith registration receipt.
2. Declaration in Form No. 4 on Rs.100 stamp paper signed by you.
3. Application in Form No. 21 to be signed by the seller.
4. Common Form Nos. 20-1 and 20-2 to be signed by both, the seller and buyer.
5. Nomination in Form No.14 in triplicate to be signed by the buyer
Submit these documents to the society and the secretary is supposed to check and get the transfer approved in the managing committee's next meeting, mark the transfer on reverse of the share certificate and return it to you alongwith 2 copies of nomination duly approved.
The above forms known as transfer documents will be available with any stationery shop selling society stationery. Actually, this is your estate agent's responsibility to prepare these documents - karavadedp@yahoo.com
I have purchased a flat at goregaon, Mumbai (Suburban). Society must be formed long back. society dosent have parking area. we stay at ground floor. two members of society always park their car in front of my door which cause inconvinence to me and it loses beuty of building also. To whom should i contact to fight aginst this injustice. I tried to request them but they have neglected and used abused words.
I have one query,
How many flats will be allowed to purchase the flats in the same co-operative soceity as per Maharashtra Co-operative Societies Act, 1960 with Rules, 1961?
Can you please provide me the reference of bylaws which indicates the same?
Note: Person is Society member.
Kindly help me in guiding about following
I have given my flat on Leave and License basis. Recently our managing committee has passed a resolution by majority vote to levy charges on pretext of NOC ( issuing no objection Certificate) , scrutiny of the documents, providing amenities to the tenant etc. Is the managing committee empowered to charge this fee. We are already paying the Non occupancy charges along with monthly maintenance.
Their argument is that the collection of these charges are used for the betterment of society also.
Kindly do the needful with your professional advice.
Satish
dear sir,plz guide me.....sir my father expired recently,let me knw sir,if i want to attand to society meeting replace my mother,so sir what can i do? becoz sir after my father my mom is not able to attend society meeting for some reasons......how can i attend meeting legaly.. plz sir give me details explanation
Dear Sir, Our society Secretary, Treasurer and Chairman have locked the entrance of the terrace and don't allow the use of the same.according to the AGM meeting they have decided to charge a sum of Rs.500 fr the use of the same in case of any use,i would like to know if there is any such provision that the society can charge for the use of terrace?..are the charges not covered in the monthly maintenance we pay?.is is legal according to the law?..
Dear Sir,
I had a small confusion. I had a flat, which I have given on rental , and my tenant are staying their. They are parking their outside the building. Now the problem recently I brought the car and I am parking the car in the building, the chairman called me and said that you can't the park the car as u r not staying,your tenant are staying u can't park the car. My concern is that any act/rule exist where u have given your flat on rental but can't use your society premises for parking your vehicle.
Please let me know
Unmesh Shahane
Two brothers(adults) have two seperate flats in the Housing Society. The two flats are internally connected. Maintenance / property tax is paid per flat. Does that make one family or two?
I am one of the two registered nominness as his sons, with the co-op society to a plot of land owned by our late father.We both brothers have submitted application for membership & transfer of shares to the society.Is there the risk of society admitting only one of us as a member & transfering shares to only one person?.
is it mandatory for the managing committe to invite the elected members by
written or verbal invitation for managing committe meetings .
can the committe spend upto what amount without the approval of the managing committes approval.
I am flat owner staying in a housing society in mumbai, My wife is conducting tutions in my flat.Is it illigal to earn money by conducting tutions without society permission?
my question is that can a minor who is the first member as per agreement, his grandfather is second, in co-op society,can his father who's name is not in the agreement become the chairman of the society.
No. Someone who is not even a member of the society has no locus standi in the society matters, forget becoming chairman. The chairman is elected by the managing committee from among its members who in turn are elected by the general body of members, who are in turn flat owners. In case of a minor, he is represented by his legal guardian - karavadedp@yahoo.com
My flat in on the top floor, every mansoon there's a rain water leakage from my cealling and also from the wall. I have request the society to repair my cealling and also the wall, I have told the society that finishing work and the painting waotk will be take care by me, But they refuse to do so saying Its dosn't fit under the bye laws of the CHS. you have to spend. Every alternate year I do the painting work.
Pls suggest.
Neglecting building repairs amounts to gross neglegance of prime duty of the society/Managing committee. You first serve legal notice to the soceity and copy to Registrar of co -op in yr area. If the action is not taken proceed to consumer/co op court.
Is it compulsory to vote lady member of Ladies Quota for the Managing Committee ? What will happen if one member votes for all eleven males and will not vote Female ? Will his vote be treated as INVALID ?
I have a shop which is used for computer education. Besides my shop there is a common toilet/ bathroom for the shop owners only. there are approx 15 shops. By evening the toilet starts to produce bad smell since the users do not put water after their use. but it concerns us a lot and we are not able to sit inside our shop without our door closed in the evening time. The society also could have opened the front exit of the toilet from inside the compound. then the problem can be solved. But now since the gate is accesable to passerby it is also being used by them. Request you to please help me out or I will have to shut my business and goaway. I have talked to the committee but they are least bothered.
Shanshah email - shanshahdoddamani@gmail.com
I have a shop which is used for computer education. Besides my shop there is a common toilet/ bathroom for the shop owners only. there are approx 15 shops. By evening the toilet starts to produce bad smell since the users do not put water after their use. but it concerns us a lot and we are not able to sit inside our shop without our door closed in the evening time. The society also could have opened the front exit of the toilet from inside the compound. then the problem can be solved. But now since the gate is accesable to passerby it is also being used by them. Request you to please help me out or I will have to shut my business and goaway. I have talked to the committee but they are least bothered.
uRGENT iNFORMATION REQUIRED - I have a ground floor flat and immediately outside my window is a small enclosed garden. 1. As per rules can i create a door near my window to go to the garden. 2. Due to absence of parking space the society is thinking of removing the garden can they do so. can they cut trees for that purpose. 3. if the garden is in the BMC approved plan can they do so
Sir, We are 98 flat Owner living in 7 Building each consist 14 flat at Pune. At the time of purchasing a flat, no one aware about the Apartment and Co-Operative Housing Socity differences. We have signed the agreement with the clause as "Apartment Ownership" under the act "Maharashtra Ownership Flat act 1963 and 1970". Unanimously we had requested builder to form a Co-Operative H. Society, but he denied that means he is going to form Apartment Society. BUT we need Co-Op. H. Society.
So my query is "Still can we form Co-Op Hou. Society"? Will it be legal ? Can we tackle builder in Court ? Can he ignore the request of 98 Flat Owner?
Disparately waiting for your replay.
Hi Jagdish,
If any body having soft copy of Maharashtra cooperative housing society bye laws.
Please share this soft copy with me or atleast provide me a link to it.
Please send it to deepak.handa06@gmail.com
Thanking you,
Deepak
what should be the rate of increase in flat transfer fee? In our society this fee is increased from Rs.5000/- to Rs.10000/-. But society is coming under grampanchayat and how commitee can doubled the fee? Kindly reply. My email id is prash2282471@rediffmail.com
IS THERE ANY LATEST GR - Notification on how much Transfer fee is to be charged for resale of flat ? Is there any limit on amounts to be received.
Kindly email the notification to me on the following email address.
My email address is - ghosalkar_san@rediffmail.com
Is it ok to buy a resale flat in a society which is not registered.
the building is fully occupied and is three years old, the builder is also asking around 1 lakh for transferring name, is this reasonable? if not what is the next course of action?
please reply......
i have won court case it took ten year to grant me LETTERS OF ADMIN, same was submitted to society in the 10 year , but soc refuses to correspond and maintain silence, i have following issues , flat is still in my late husband name, i have not been granted membership in last ten years , outstanding is levied at the rate of 21% compounded on a monthly basis, i have approached registrar have been given a order copy that flat needs to transmitted to my name but silence is still maintained by soc, i am stuck what i should do , i am not able to use as the flat is dialapated , soc insist i should pay as they want everything is verbal .....pl advise i am sr citizen , a widow and pensioner
Ours is single building with 9 flats. It's not yet registered as society or apartment. We have 2 tanks on terrace. One is for corporation water (only for Kitchen) and other is for Boerwell. One of the flat owners has taken a separate pipe connection from corporation tank to his restrooms without any permission. Is it legal? Can he take such separate pipe line for individual purpose where everyone is paying for the water? As mentioned, there is no society formed, but an adoc committee is taking care of collecting maintenance charges and all monthly expenses. The owner is very rude and does not listen. How can this be taken care of?
I purchased a leased plot belonging to residential society from a existing member. The lease agreement stated that with the NOC of society, members can transfer the lease hold rights to another person. Society issued me NOC and we made a trasfer of lease deed agreement in my name. Now when I approached the society for membership, they are denying to give me the membership. They say that I have to cancel the previous lease hold agreement which was between the provious lease hold owner and the society. But that agreement has been mortgaged by the bank and they are not ready to part with that. Also since the previous owner has transfer the lease hold rights in my name, the previous lease deed stands cancelled. I have been trying to explain the same to the society, but they are not ready to listen. Please advice.
I have a ground floor flat and immediately outside my window is a small enclosed garden.
1. As per rules can i create a door near my window to go to the garden.
2. Due to absence of parking space the society is thinking of removing the garden can they do so. can they cut trees for that purpose.
3. if the garden is in the BMC approved plan can they do so
If there exist garden, then it cannot be converted in Car Parking. The law does not permit use of compulsory open space and garden. The question of cutting tree does not arise without tree authority permission. It appears Society is taking law into their own hand under guise of co-operative movement
I HAD SUBMITED COPLAINT AGAINST SOCIETY WITH DY.REGISTRER,BANDRA IN 2006 BUT STAIL NOT RECIVED ANY REPLY OR NOT TO BE TAKEN ACTION AGAINST SOCIETY
--MALWANI VIDYA DANI CHS LTD. UNDER RIGHT OF INFORMATION ACT-2005,
"M.COMM.DISTROY IMPOTANT DOCUMENTS AUDITED REPORT/FROM 2005-06 TO STAIL DATE" WHAT I DO NOW AND WHERE I GO PLEASE GIVE ADVICE
THANKS
SURESH SAWANT
Sir,
Recently my father Mr Prataprai has expired. I am having two rooms on tennacy basis at mulund. The landlord has agreed to transfer the Rent receipt in my name. landlord wants NOC from my two married sisters. Please provide me with the draft of NOC to be printed on the stamp paper.
If member is holding flat jointly with his wife.Share certificate is having only his wife name. What does he need to do to join the managing commitee or become secretary.
If member's request is pending with society for car parking for want of space and if he parks the car in society premises in some open space without disturbing other member's reserved space, can he be charged penalty under unauthorised parking.
Our Society is registered recently under non-cooperation. The builder is appealing to the higher authority to stop our registration or put a stay or whatever stating reason that the residents are not paying the maintenance charges due to the builder. Can the builder put a stay based on the charges of non-payment of maintenance charges? For how long does the hearing go on? What is the effect of this on the registered society?
Dear Anju,
its mandatory on the part of the builder to have the society registered as per the norms laid down underMOFA.If you have complied with all the norms the higher authourities cannot put a stay for non payment and other fictious demands of the builder.Builder is also supposed to give you your conveyance,within four months of formation of society otherwise he can be criminally prosecuted.Send him a notice to that affect.He will buckle under that pressure.
Dear Sir,
I would like to know if a new owner of a flat is responsible for outstanding maintenance charges of the previous owner. Is there any particular section in the Maharashtra Co-Op Societies Act which provides information on this situation?
I am looking forward to buy a plot in Pune.
The developer in the deal has mentioned that they would be forming a society after the agreements of all the plots has been completed.
Well, I have been informed that the bye-laws of teh society will be decided later.
I, in general want to know the laws of the society, and would it put restrictions if i wish to build my home as per my plan?
Does it require societies approval, to make any amendments in my home?
If in the future i decide to mortgage the home, would there be any restrictions?
In short i want to know the advantages and disadvantages of owining a property in a society...... This is my first deal in property ever, hence i am totally new to this concept.
Please recommend....
I would also like to know about the Society's By Laws.I have the same query as above if anyone has a soft copy of the Maharashtra Soceity's Act 1961 n 1960,MCS(AMMENDMENT)Rules 2002 and By Laws of the society could u please send me a soft copy in the above mentioned email id Thank you very much.
At the very outset I would like to thank u for thevaluable information w/r to society matters.
1. In our societies some of the rooms are being occupied by the relatives of the member and never pay the maintenance charges or take the share certificate ( by the memmber )from the society. They are very much admament that they doesn't require it nor give ,ainenence amount.
Hw we can tackle the situation ?
Many members were not paying the maintenance charges stating that they are not staying there.
Now we want to initiate legal action ? We have already sent notices for recovery.
Now we want to file before Asst registrar- Sicne I am living in Dombivli - where I should file the dispute / complaint/ application.
please guideme.
Thanks a lot
Phlagunan P.C
acceptence of volutory donation is acceptable/ from new member,
our society abbets new members to do donation in other then society fund and do not transfer the shares, and make member of the society.
can associate member be a commette member, or hold office.
In our society i am the secretary. one member of our society died recently.He has nominated his wife as the nominee. the papers have come for transmission of flat in her name.She has one son who is married. What is the procedure to be adopted by the society for transmission or can the society simply transfer the flat in her name. please send me a reply on my mail id: sirav02@gmail.com
I had purchased a flat in year 2007, and our society was formed on July 2009. I have not yet purchased the stilt from the builder, however other flat owners' have purchased stilt parking from the builder. IN the society meeting, I suggested for some charges to be levied for car parking, however the members' refused it by saying that they had purchased the car parking at a specific amount from builder & won't pay the car parking charges. Is there any clause where the stilt car parking space purchased by the owner can be charged.
our housing society was formed in the year 1976. the land is on leased and not on free hold. we have not received conveyance from the landlords nor builder since last 30years. will we be able to go in for redevelopment on leasde land after obtaining deemded conveyance??
Hello..! Firstly I would like to thank you for putting up such wonderful information about society laws. My request to you is that Please also email me on my queries as below:
1. Is Playgroup / Nursery / Baby Sitting / Taking tuitions of children at home is Commercial Activity as per rules of Maharastra Co-op Societies Act... I think these are not commercial (Normal Indian laws also not take these activities as commercial) So which section / para of the act mentions about these activities being commercial or not?
2. Is any non-member who/or whose wife is not member (They or their family don't have any flat in society)are allowed to be as Managing commitee member? Can mamanging commitee make non - member part of the managing commitee?
I am in serious need of this information.. Hope to get your expert opinion at earliest.
Kailash Rathi email: kailash.rathi@yahoo.com, rathi.kailash@gmail.com
Thanks
The activities mentioned by you will not be regarded as commercial if you carry them from your home. But if you buy a residential flat and use it only for such activities, you are changing its use which is subject to society's approval and can attract commercial charges.
There is no question of an outsider becoming a member of the committee. A society is only for its members who own flats/shops therein and managing committee members are elected by the society members at their general meeting (AGM or special meeting). The committee members cannot adopt members on their own even from among society members, except in case of a casual vacancy. Anyone not owning a flat or shop and therefore not being a member of a society just cannot join society management of any affairs in any manner. It is wholly illegal - karavadedp@yahoo.com
Ours is a new apartment which comprises of 7no flats. As per cooperative society by laws what is the process and condition by which it can be registered, since there are less than 10 units/members? Pl advice.
My uncle was a memeber of a Co-op Hsg society in Navi Mumbai. He died with filing a proper nomination of his youngest son. His youngest son wants to sale his flat. My uncle has three sons & one daughter . The Society is now asking him to procure Heirship/succession Certificate from Court to sale of flat. What is the Correct Procedure to follow in such cases. My email id is vibhutelp@rediffmail.com
society o.c certificate dt 07-04-2007
first purchaser purchase flat beofe O.C
first purchaserresale his flat on 04-04-2007
society formation paper signed by first purchaser on 07-11-2007
society form on 17-02-2008
first AGM attended by first purchaser on 31-03-2008
first purchaser hiding information from builder and society
secound purchaser apppy for trasfer of flat on 04/11/2009
can society trasnfer flat without noc from builder
kindly suggest
society o.c certificate dt 07-04-2007
first purchaser purchase flat beofe O.C
first purchaserresale his flat on 04-04-2007
society formation paper signed by first purchaser on 07-11-2007
society form on 17-02-2008
first AGM attended by first purchaser on 31-03-2008
first purchaser hiding information from builder and society
secound purchaser apppy for trasfer of flat on 04/11/2009
can society trasnfer flat without noc from builder
kindly suggest
In case a housing society is not registered and there are resale of flats then the buyer/seller has to go the builder for NOC. As per MCS Act, can the builder claim transfer charges from the buyer and seller at 2% of the current market rate and sq. feet?
The MCS Act is applicable to registered societies only. The builder is not bound by the Act. Transfer premium, whether charged by societies or by builder, is basically a share in the profit you make. So you have to only negotiate with him.
1) Does the society have rights to ask for deposit for making furniture in my flat which is Rs. 10000 & also Rs. 5000 for throwing the waste that will be created during the work, out of which only 10000 will be refunded and 5000 will be kept by the society?
2) Its been more then three months now since i have applied for transfer of share certificate in the society and also paid the transfer fees and given three letters for the same but till now no action has been taken till date, and there has not been a single reply from the society on this.
Can someone please guide in what further steps can be taken against the society?
Can the builder claim maintenance charges solely based on the flat purchase agreement or on the basis of actual statement of accounts and on production of receipts & payments? Our builder is not ready to give us the statement of accounts stating that they're not liable to do so and we're liable to pay as agreed in purchase agreement.
The builder is right. He is collecting maintenance as per the agreement which does not mention that he shall submit accounts to you. But he is supposed to collect only till the formation of society. So the sooner you form a society, the better it is.
No way. A tenant has no connection whatsoever with the society or its affairs or management. His right is limited to occupying the flat rented by him and availing of the facilities / amenities attached to the flat as would be available to the owner himself. Only a member holding a flat can become a member of managing committee - karavadedp@yahoo.com
From a registered society in Nashik,
Pl let us know that wether a tennant can fight an election against a permenant member of the society for occuping a place in the cultural committe..
Sir,I am an owner staying in a registered society in maharashtra and working in thr field of cultuatl activities for last 2 yrs.All of a sudden one tennant has come and he is disturbing the harmony of the society he wants to have an election between me and his wife for the post of cultural co-ordinator,Being a tennant can he ask for such election against an owner.How can we sort out this matter?
A tenant has no right or authority whatsoever in any matter or activity of the society. He has no connection with the society. He cannot take part in any meeting, any decision making or any election of the society Bluntly tell him to mind his own business. If he does not behave, let the secretary ask the concerned flat owner to evict the tenant immediately.
Dear Sir,
Can you guide as what is the correct and a legal way if charging maintainence to society members, is it on Sq Ft bases or based on the amenities and other expenses the society has, i have heard there is a high court order regarding this. I stay in pune and in our society there are plenty of arguments happening on this subject. also can you help me as to where i can find those orders published from High Court.
Regards
Jayant Mehta
Hello..! Firstly I would like to thank you for putting up such wonderful information about society laws.My request to you is that Please also email me back the answer to the question I am asking below- 1> What is the Maximum time limit given to a Registrar to give an order in Section 78 of the MCS Act ? 2> If suppose only father and mother have taken a propety.Fathers name is first and mothers name is second in the registration document of a flat.In this case only the mother can mother can become an "Associate" member right (Because she holds shares jointly with her husband) ? Rest of the family falls in "Nominated" Members right ? 3> Can any other family members (Nominated members) apart from the mother become an "Associate" member WITHOUT holding any shares jointly /without making any new agreement done ? Please reply at the earliest at amits_111@yahoo.com. Thank You..! - Amit Shah
In terms of bye-law No.16(b), an associate member means a member who holds jointly a share of a society with other but whose name does not stand first in the share certificate.
sir i live in malad and my society says HAVE TO PAY RS 5000 when A NEW TENANT IS MOVING in my apartment and rs 3000 when he is vacating the apartment, I am also paying non occupnacy charges every month on my apartment .since i work in bangalore i have to give my apratment for rent,is the cahrge being asked by society legitimate
The charge is wholly illegal. There is no provision for such charge in the bye-laws. The committee is authorised to demand only those charges which are approved by the general body, nothing beyond that. But even the general body cannot sanction charges which violate the bye-laws and the Act. Don't pay anything other than non-occupancy charge that too only at 10 per cent of service charges - karavadedp@yahoo.com
We had taken possession of flats in 2005 and paid the builder maintenance charges for one year. Our society is still not registered. The builder is claiming maintenance charges around Rs. 40 lakhs from us without which he won't register our society. Can the builder claim maintenance charges based on the carpet area? Can the builder not register the society on the pretext of not receiving maintenance charges? As we have received the OC in 2008 and our water connection is still on humanitarian grounds, can the builder ask us to pay the water bill at double rate? From which date should the flat owners pay water charges and at what rate?
Builder can take maintenance only as mentioned in the flat purchase agreement and only till such time as the society is not formed. He cannot refuse registration. If you have got OC you can approach the registrar for formation of society without builder's consent. But if there is no water connection how did you get OC? If the water connection is solely for your building, ask the builder to produce water bill and pay accordinly by equal contribution from all members. The builder is harrasing you. I suggest you engage a lawyer and file a case in consumer court - karavadedp@yahoo.com
Hi,
There is a water leakage problem from my top floor neighbor bathroom to my bathroom. I have requested him to fix this problem so many times. The fellow is not listening to me. Please send me a legal way how I can tackle this issue. Also please advice, this is whose responsibility in terms of expenditure to fix the problem.
Complain to the society. The secretary is supposed to ask the member to carry out necessary repairs at the member's cost and if he refuses the society can do the repairs and recover the cost from the member.
in our socity jimmy tower coop hsg. society adminstrator appointed as members of commite not fill m20 bond. six month after adminstrator brought extension of three month joinning hands with old office bearers now extension of three month has passed still not taking election giving excuse matter sbduce as he installed vodafone in premises n member complaint to registrar n not showing expenditure account pl tell can he do so while advised by registrar to hold election. please clarify whether as per bylaw can election hold by adminstrator.
sir,
i wants information about sefety grill fixing for ground floor residential flat in housing society .
can i fixed the grill below 4fit from my window? is there eney law ?
Dear Shri Karavade,
I purchased a flat at Thane. The Society was registered and formed in the year 2005. The Share Certificates were issued by the Society only in July 2009, ie, 4 years after the society was formed. What is the time limit for issue of Share Certificates? The present Secretary has issued Share Certificates only to 50% of its members. He has been harrasing the members under some pretext or the other. He has demanded the following documents for issuing the Share Certificates:-
(1) Possession Letter From Builder
(2) Nomination Forms
(3) PAN Card or any other Photo ID Proof.
(4) Copy Of Sale Agreement/Deed
He has blocked the issue of SHARE CERTIFICATES to Defaulters of Maintenance Dues. IS THIS LEGAL?
PLEASE CLARIFY. Any Bye Law/Case Law? If illegal, whom to approach for redressal?
Sir,
Ours is a registered society. But before forming a society we were having an ad-hoc committee appointed by builder. This ad-hoc committee used to collect some maintenance charges to pay dues like water charges, electricity, security etc. When this ad-hoc committee was in a possession that time one of the flat owner sold his flat. Since then this incoming person has not paid any dues. Mean while we registered our society, but this new person is not willing to become a member of the society, at the same time he is enjoying all the services at free of cost. So wanted to know what we can do to recover dues from him.
File claim before Registrar of Societies who will issue recovery certificate and proceed with recovry thereon. But before that you need to convince the member concerned what he is doing is illegal and unacceptable in the Society. Despite that if he continues to be adamant please file proceedings under 101 befoe Registrar who will issue certificate for recovery of not only princial amount but also interest thereon and costs of the proceedings.
Dear Sir,
Recently Chairman of our society passed away. So I wanted to know how to go about electing a new chairman. Do we need to dissolve managing committee and have fresh election. Or we can just have nominated chairman.
Also till the time new chairman is not elected/nominated whether secretary can give charge to someone as acting chairman.
You need not dissolve the committee. The remaining committee members can elect anyone among them as chairman and continue. Since this is very easy, there is no need to have an acting chairman - karavadedp@yahoo.com
I am secretary in my society. One of our member's flat is on joint name with his monther & son. Now the son demands to transfer the mothers share into his name since mother is old. He has also given a copy of WILL. The mother is live. Pls guide me whether we can transfer the same into his name.
Since the mother is alive, the will is not necessary. If the mother really wants to transfer the flat in her son's name, she will have to execute an affidavit relinquishing all her rights, title and interest in the flat and in the share capital in favour of the son. Thereafter she will have to submit an application for transfer in the prescribed format alongwith share certificate and the son's application for membership and membership fee of Rs.100/-. You can then do the needful
I have a flat of 625 sqft, till now since 7 years I was paying a maintenance of Rs 700 and 900 sqft houses in the same society were paying Rs 1000, society is recently formed and they have suddenly decided that irespective of sqft all the flats have to pay a common maintenance charge of Rs 1000, please advise
In our society in Pune, we have quite a few flats not being occupied by the actual owners. What are the rights of the tenants to the parking spaces both covered and open.
Dear Sir,
I brought a flat in the JOINT NAME OF MYSELF & MY WIFE at Ghodbunder Road, Thane, in the year 2003, directly from the Builder. I paid Rs. 100/- towards membership fees to the Builder. Now, the Secretary took an additional Membership Fee of Rs. 100/- since my flat was in the joint name of me and my wife at the time of issuing Share Certificates, which, I feel is illegal. On questioning the Chairman, he justified that the additional fee of Rs. 100/- was for Nomination. Is this legal? Quote Bye-Law/Case Law if any for taking up the matter with the Secretary/Chairman. Whom to approach for redressal?
I own a flat in the joint names of me and my wife. Over and above the entrance fee of Rs. 50/- and the membership fees of Rs. 100/- the society has collected an additional amount of Rs. 100/-. Is it legal? On questioning the Chairman, he says that the additional amount is for Nomination of my daughter. Is it right?
Entrance fee and membership fee are not separate. There is only 1 fee by either of these names and it is only Rs.100/-. Rs.50 and Rs.100 charged additionally are illegal. For nomination you have to pay Rs.50 only when you change the nomination. First time nomination is free. All subsequent changes would entail Rs.50/- each.
As for your second query, Bye-law No. 47 requires that Society's permission must be obtained before you carry out any repairs or renovation. Structural changes affecting the RCC structure (beams and columns), external wall or locations of toilet and the drainage system can just not be permitted and even Municipal authorities can act against such changes. If you make any changes without Society's permission, it is breach of byelaws which is liable for punishment including expulsion from society under bye-law No. 51 - karavadedp@yahoo.com
In case any member/flat owner of a co-operative society has made any structural changes in his flat can he be disqualified from being elected into the Managing Committee? If so the relevant Section of the Bye Laws may be quoted. Any Case Laws?
Dear Sir, Our society Secretary, Treasurer and Chairman have locked the entrance of the terrace that fall in wing A. According to them members cannot use the terrace for their personal use such as taking a walk or exercising. My Mother daily use to go for a walk on terrace as she cannot get down 3 floors everyday and terrace is just 1 floor above our house. The lock of the terrace was changed without any notification. When we go to ask for the keys we are been abused and replied very rudely. What can we do about this.? Is terrace the property of the SECRETARY/CHAIRMAN, Members of the society or an open space that belongs to the members?????
Thank you Sir for your reply. I went through the minutes where in general it is been decided that terrace will not be used for parties and for bursting crackers. It can be used for the personal use and religous purpose. So now what can i do sir?
Reply by D.P.Karavade:
October 16 , 2009 ,00:34 IST
It is the general body that formulates a policy on the use of terrace. Many societies disallow the use of terrace for several reasons such as they can be misused, can lead to quarrels among members, the children playing can disturb the top floor members and damage of flooring can lead to leakage in top floor flats. Additionally there is the safety of water tanks and a risk of any accidents and even suicides. But the decision is taken by general body as a policy matter. The office bearers cannot decide or treat as their personal property. Ask for minutes of AGM where such ban is decided.
Dear Sir,
The owner of a flat has passed away leaving his wife and children behind without making a nomination the family has submitted an indemnity bond claiming responsibility and an affidavate stating that they have no objection from transfering the flat on the wife's name where as the society still claims to have a public notice put forth is this necessary
If the committee is aware that the wife and children are the natural succesors who are willing to indemnify the society, they have no reason to raise any more questions. Submit the application for transfer to the Secretary alongwith membership application form in the name of mother accompanied by the affidavits mentioned by you. Mark a copy to the Registrar. The secretary is bound to reply within not more than 3 months. If no reply is received within 3 months, the application is deemed to have been approved.
Sir, I want to sell my flat of thane to my sister, please let me know if she needs to pay Transfer Premium to society & secondly I have bought this flat just 4 months before, will she get any rebate on Stamp Duty.
If you are selling it on monetary consideration, transfer premium will be indeed be payable. By the way, transfer premium is paid by the transferor and not the transferee unless they agree otherwise. No, she will not get rebate in stamp duty. But you will have to pay capital gains tax since you are selling in less than 3 years.
Iam residing in a registered cooperative society under the MCS Act at Nalasopara. Can I file a complaint to the managing committee for the misconduct done by another member's son. What is the procedure.
Kindly give your valuable suggestion.
Rgds.
Sathisan
You can of course file a complaint. There is no procedure. Write to the Secretary, detail out the misconduct and inconvenience casused by the culprit and ask the Secretay to take action. If it is a criminal misbehaviour, you can also complain to the police.
The building in which Iown a flat is one of the 4 wing having common wall between each wing and is having a one open terrace common to all. My wing got completed in 1991 and subcequently the others by 1995. Builder has deviated from the plan on one room tenements to shops in the ground floor(50% of the floor area). The cantt. board has not issued completion.Hence no conveyance or formation of society. Builder collects nominal charges to pay the electricity(lift) and water bills. What stand can the flat owners take against the builder and formation of the society to help maintain the building, cleanliness, security etc..- mr karavade dp
common terrace is leased by the builder in other companies name for period of 15 years prior to formation of society.Subsequent the society has been formed. Now what is the legal recourse as the society wants to take over the agreement. could you please provide me a specific act for the same
Sir,
Is right to information is applicable for issues related to housing Society? Also a member which is not on general body can take money from the treasurer for society expenses.
I own an office in Pune. The complex is not yet completed in all respects and builder is yet to handover the completion certificate to the soceity to be formed. Some members have formed an ad-hoc committee amongst 4 or 5 members and have sent a notice to all owners asking monthly maintenance fees with retrospective date or threatening legal action under 1960 Mah.Co-Op Soc. Act Bye Law No. 58.
Is it legal for them to do so and does an adhoc committee have the legal rights equivalent to a formally installed managing committee of a co-op housing soceity ? Kindly advise.
Prakash
Generally an adhoc committee is formed with the builder's initiative when the building is not complete but is occupied by a number of owners but the number is not sufficient to form a society (60%). This is done only for the purpose of carrying out day to day maintenace such as housekeeping, security etc. from which the builder wants to relieve himself. In that case, the builder makes an agreement with the adhoc committee and delegates limited powers to the committee. The committee collects contribution from the members to meet the day to expenses such as salaries, water and light bills. It is merely for the sake of convenience. But the adhoc is not a legal entity and it is has no legal powers. Any such arrangement made prior to the registration of society does not enjoy the protection of Maharashtra Co-op. Societies Act 1960 - karavadedp@yahoo.com
We got the flat in the Society from the Court Recevier as per High Court & Supreme Court Order on December 2005 situated at Mahim, Mumbai 400016. Now there is no case pending in the Court and i am paying the maintenance cost since December 2005 till date and wanted to re-sale the flat due to my personal problem. And the Society is not giving the permission to me and not giving the answer of my letters and verbly telling that go and take the permission from the Asst. Registrar MAHADA. Now please help what to do?
Give 15 days' notice in writing of your intention to sell alongwith the buyer's consent (both in prescribed format) to the Secretary. He is supposed to place the application before Managing Committe in its next monthly meeting and convey its decision to you in not more than 3 months from the date of your applicaton. If it is rejected, he has to give reasons for the same. If no reply is received within 3 months, the application is deemed to have been okayed. Go ahead and sell the flat then. Incidentally, you don't need the Society's permission for selling. Clear your dues, pay transfer charges, give notice as above and go ahead with the sale - karavadedp@yahoo.com
after voluntary retirement cooperative Society receive cheque from person who take the loan against full amount of recovery, but he fail to pay, cheque bounse, Society complaint against guaranter and take decision from cooperative court for the recovery from guaranters salary, recovered 2 instalments, but not take any action against person who take loan, I am guaranter, Pl. guide in this matter.
Is compulsory open space required around the society building. Our society building has a car parked blocking movement of vehicle/people in the narrow side o f the bldg. Is there a rule ?
My housing society maint. charges are Rs.1625 per month. I had not paid the charges for the last 16 months. The society has the policy of charging 21% interest and issues bi monthly maintenance bills. In the last bill they have charged me Rs. 5600 as interest charges. Is this correct? How is the interest supposed to be calculated? Is it supposed to be Simple or compound interest?
We as a managing committee resigned after our tenbure was over. Nobody came forward to take over. Now some members got together and formed an Ad-Hoc committee and want to take over from us and have asked us to inform the bank also. They said they will haveb general elections after three months. Ours is a registered cooperative housing society for last 20 years. Is this ad-hoc committee a legal entity? Can we hand over to them? What can we do to make the members come forward and take the responsibility? Please reply asap. Thanks & Regards.
First, you cannot just resign and go away. It is the outgoing committee's responsibility to hold elections and hand over charge to the new committee duly elected by the general body. The adhoc committee is not at all a legal entity and it has no authority to take charge and operate bank account. Your society being a legal entity is governed by the Act, rules and bye-laws. Only a committee elected by the general body meeting (its proceedings duly minutised)can take over. If the members are not wiliing to take over, warn them that the affairs will be handed over to the registrar who will appoint an administrator which is not a happy situation.
there are three joint share holders two of whom are present in the USA and the third share holder Of the housing society is present in MUMBAI is the third share holder eligble to attend meetings and cast his vote for the new committee..
Bye-laws are not available on the net. They are constitution of a Society. Model bye-laws are available with housing federation or with statonery shops selling society stationery. They have to be adopted by the Society (General Body meeting) with or without changes. Changes can be only within the framework of the Act. But they are not the Act and as such no commentary is available - karavadedp@yahoo.com
The managing committee of our society has been ruling our society for more than 13 years without any election. After the members protested, the committee agreed for the election. Now, the most important thing i would like to know is that, whether this present committee can nominate themselves for election or are they eligible for nomination/candidature in the society election for new managing committee. Kindly shed some light on this issue.
The maximum tenure of a committee is 5 years. Thereafter new committee must be elected. Election procedure is given in the bye-laws. It is lengthy and time consuming but it has to be followed unless all members agree to elect members by voice vote. But this informal, there is no provision in the Act for informal election. The same committee members can contest election unless they are disqualified under Bye-law No. 118 - karavadedp@yahoo.com
Dear sir,
One of our members who is a defaulter was allowed to pay in intalments by which the Managing committee has started deducting this amount from the principle amount.Nouw the principle amount has become nil and the balance is only the interest.The member agreed to pay it off soon.Some of the members objected this method of recovery.
Kindly advice on this thnaks.
Dear Sh D.P.Karavade,
As you have said that if flat is jointly owned by the members. then both members are having right to attend, speak and cast vote in the society's meeting. Can you tell me section number of bylaws of co-operative housing society ? As far as I know Sec 27(8) refers the same. Is it right ?
Dear Sir / Madam,
Pl. give me advice reg the followings [Coop Hsg Society]:-
[1] What steps to be taken to make the members to attend the meetings comoulsorily? Member's not attending & that's why meetings held are as good as MC and MC members are becoming dectetors.
[2] Is the rep & main, elect bill etc of Lift is payable by the members of Gr & First Floor who are using the same very very occasionaly.
[3] Is Member having right to receive the xerox copy of Conveyance Deed?
[4] As far as health concern of all the members - is the Mobile Tower on the terrace will be a problem?
[5] When the Soc is having more than enough fund [Receiving from Mobile Tower], Whether the MC should consider to reduce the Mon Cont?
Under clause 72 of the bye law of the hsg. society mg.committee can charge interest upto 21% if approved by the gen. body.
How is the 21%interest on monthly maintenance calculated. Is it cummulative interest?
If a member has not paid maintenance for more than 12 months (say 15 or more months). How is the interest calculated for late payment of monthly maintenance?
If a CHS has monthly maintenance of Rs500. If a member of the society has not paid the maintenance for say 15 months. Then, can the CHS with approval from the general body, charge RS7500 + Rs1500 = Rs9000 from the defaulter.
What is the computation of Rs.1500? It is 21% per annum means 1.75% per month. It's quite simple. Dues of 1st month (say January) will attract Rs.8.75 in Feb. bill. In March bill it will be 17.50 (for Jan.) + Rs.8.75 (for Feb.) and so on. Better and easier way is link your interest calculation in the bill to the amount of arrears shown in the bill. Every month the amount of arrears will go up and so will the amount of interest. In the AGM you have to only get the rate of 21% approved. Rest is the committee's perrogative. You need not go to the general body every now and then. - karavadedp@yahoo.com
Our bldg is 5 years old. Our society was formed 2 years back. In spite of repeated requests he is not giving us the OC and conveyance. What legal options are available to get the same ?
i have make a registred aggrement of flat in co-op hsg so with the owner
for loan purpose. At time of aggrement the chairman and legal adviser of the so. said there is no need of resolation of the sale of the property for the agrrement. Meanwhle i have given paper notice for the deal. the owner also given a advertisemnt in news paper for the sail of the propoerty. The owner also paid the transfer fees. now one of the member of the so. say i am interested in purchasing the said flat. on this ground the chairman is not given me noc for final sail deed what should be my stand now.
If you have already made a sale deed and registered it, where is the problem? You have already become an owner of the flat. Whom to sell a flat is the owner's prerogative and the society cannot object to it. For making a sale deed, you no longer need the Society's NOC. The seller can pay the society's dues and transfer premium, give intimation to the Society and go ahead with the deal. karavadedp@yahoo.com
in our society ?.Lift charges are being calculated according to per member. Now some people hv twin flats?n our secretary has 3 flats?now his 1 flat is on rent?n other members are doing the same?who hv twin flats ?one for self n one for rent?is it legal to charge lift charges per member in this situation??? Pls reply?.
in our society?watchmen are allowed to stay in the building?24X7 who sleep at 12 in the nite?who has given place under staircase area for cooking and to keep his belongings?.he use firebridge water tank to wash his cloths, take bath?wash dishes?is it legal?
LIFT CHARGES ARE GENERALLY CHARGED TO EACH FLAT OF THE SOCIETY IRRESPECTIVE OF THE NUMBER OF MEMBERS IN A FLAT.
REGARDING THE QUERY OF WATCHMAN IT IS ABSOLUTELY WRONG WHAT YOUR SOCIETY IS DOING AND YOU CAN COMPLAIN TO DY. REGISTRAR
There was a case between two party for a property, in which the court has now rule that party-1 one had malacious intention of becoming the owner of the plot and a decree have be passed by high court that the owner of the property is party-2 and not party-1. During this time party-1 "false landlord" has entered into agreement and rent the place to tenent. Now party-2 intends to sell the entire property to a developer, in this case Would like to know that and agreement between tenant and false landlord(party-1) is valid or not and does the developer needs to compensate to the tenents or not.
I would like to know that who can be elected as the secretary and the treasurar of a Co-operative housing society. Can a person who is not the owner of the flat but is a relative (son) of the owner , be elected as a secretary or treasurar
No. Only a member of the society can become a member of the Managing Committee and then can become an office bearer.
Reply by Santosh:
September 14 , 2009 ,15:06 IST
Any member of the society has right to elect the secretary and the treasuarar of a co-operative housing society. You should to check that the son of the flat owner has got any right i.e. proxy or any legal right got it.
No. The adhoc arrangement made prior to registration is not legal becasue it is not a legal entity. It is a mutual arrangement. Legally, a registered society which is a legal entity cannot claim anything due prior to its formation.
1. Sir, Ours is a chs of 79 members. When we put some dues on the acct of any member and he refuses to pay then what is the next step? How to get that amt from him?
2.Our builder has excluded 12 shop owners from the membership of the socity. Now after 5 yrs of regn of socity what shall we do to make them members. Can we force them to be the members legally?
(1) If the dues you are expecting are on a/c of charges decided by the general body, everybody has to pay. If any member does not pay, you can send 3 reminders and then approach the registrar for recovery under section 101 of the Act. (2) If the shops are part of your building and are using all your infrastructure and facilities, they are bound to be your members. You can ask them to become members of the society immediately by submitting application in prescribed format alongwith title documents (copy of purchase agreement and possession letter)and payment of share money (Rs.250) and entrance fee (Rs.100). If they refuse, you will have to intiate legal action for their eviction.
If in a society ,the managing committee members have not submitted Indemnity Bond as per rules , what are the consequences, If not filed when the committee members were elected in 2006 then what is the solution now,
Do it now. At least hereafter you will have no problems. The committee's decisions and actions will be valid and you will be on a sound legal footing if you have to initiate any legal action against any member - karavadedp@yahoo.com
I have purchased the flat in a Housing society at Bhayndar Thane, I have submitted application for transferring flat title on my name with transfer and membership fees along with it, please let me know the legal time duration that a housing society takes for transferring the title to new owner. Also if possible please tell about the documents which are required in transfer application do i need to submit original documents or true/xerox copies will do,my original agreement is with my Bank from whom i have taken the loan.
If there is any problem in your application, the Secretary is supposed to inform you within 22 days and obtain rectiication. If there is no communication from the Society within 3 months from the date of submitting the application, you are deemed to have beocme a member. When you buy a flat in resale, you have to submit a full copy of your registered purchase agreement alongwith registraion receipt, set of transfer documents (which comprises one declaration on Rs.100 stamp paper and applications by transferor and transferee and nomination forms) duly signed by all, a copy of your loan sanction letter and payment of transfer fee of Rs.500 and membership fee of Rs.100. - karavadedp@yahoo.com
Is it compulsory to file M-20 Bond by all the members of the Committee? Is it to be executed jointly or individually? What are the consequences of not filing it with the Societies Registrar? Can anyone send me the text of the M-20 bond to my email: w@wins.mp?
If a flat no.202/A wingh in Mathura Complex CHS Ltd. purchased by Mr. Ram Kumar Sharma and Mrs. Kiran Ramkumar Sharma at Bhayander, then how much amount will be giving by them to the society as membership fees and as per which section?. RAJENDRA SINGH
Can a Co Op. Hsg. Society change the membership fees individully.
(1)I have 2 flats in my own name. The first one was purchased in 2003 at a cost of rs.5 lakh. I want to transfer one of the flat in the name of my wife. What is the best mode of transfer with out any money transaction ? What is the income tax implication ? (2) If I sell the flat, using that money can I buy a flat/property in our joint name or solely in her name as a reinvestment with out paying capital gain tax ? (3) Can the money got by selling a flat can be used for buying land as reinvestment with out paying capital gain tax ?
In an election of Housing Society; (1) what is the procedure of setting new Managing Committee if all the valid nominations are withdrawn? (2)What is the role of Returning officer in such situation? (3)What shall be done by the current Managing Committee? (4) To whom current managing Committee shall handover charge?
In an election of Housing Society; (1) what is the procedure of setting new Managing Committee if all the valid nominations are withdrawn? (2)What is the role of Returning officer in such situation? (3)What shall be done by the current Managing Committee? (4) To whom current managing Committee shall handover charge?
If a society exicute M-20 bond but failed to do the following things:
-to inform registrar within 15 days?
-buy the stamp paper not in the society name but in the member's name?
-witness means secretary forget to sign in the witness column?
-Stamp paper bought for example on 18th may n office is assuming on 17th may?
in all above technical grounds, can a member dismiss the mg.committee.
First, a member cannot dismiss a committee. It is the prerogative of the registrar and that too within the provisions of the Act. Failure to inform within 15 days may invite action by the registrar if anybody complains. Other things are frivolus. Secretary can sign later on since the bonds anyway remain in his custody. Buying a stamp paper in the member's name is ok. Relax, these things don't matter unless some member is bent on making an issue of it out of personal grudge and resorts to legal procedure.
My housing society has a borewell in its sole premises. Currently, the borewell is being used by another society which was built by same developer. Though the borewell is in our premises,we do not have acess to it. Can we disconnect its connection with the other society and start having access to it and use it. Would this be legal?
Where will I get the matter / contents of M-20 bond to be furnished by committee members? Does the bond have to carry photograph of the member and does it have to be notarised?
I am a member of the society can my husband contest in the election instead of me on power of attorney or can he represent me if I get elected in the MC working and meetings.
To my knowledge, only a bonafide member and associate member can have any say in the affairs of the society or contest the election to Managing Committee. Power of Attorneys and proxies are not valid under the Byelaws. If the flat is jointly owned by you and your husbnd he can very well contest the election. Otherwise he will have to apply for associate membership
We are into managment of housing socities. As We were surfing for sme material on net we found your site and have answered some questions as per our practical experinec in this feild for over a decade.
One member cannot go aginst the majority. Society decisions are taken by majority. Once a decision is taken and minitised, everybody has to fall in. Dissent can be expressed during discussions, but decision taken by the meeting is binding on everyone.
i have 1 flats in our society on my &my wife joint name now one flat inherited from my father after proper release deed from mother&brother deds were registered& stamp duty paid society refuse to transfer flat on my name telling that one member can not hold 2 flats in society. our society is at vileparle esat pl.tell me what can i do/
This rule of not holding mpore them one flat is now no more valid. In fact a deceleration has been prescribed in the bye laws for holding more then one flat - Model bye laws 61- (D) Restrictions on Holding more than One Flat- 62. Individual member of the Society may hold more than one flat, in the building/s of the Society in his name or" in the name of any of the members of his family .
I live in pune in a Co-operative Housing Society which is registered under Maharashtra Co-operative Societies Act. I have major leakage in my flat and the society refuses to repair the same. What should I do? Can I complain to the registrar of the societies or file a suit or stop paying monthly charges. Please help
The leakage is caused by rain due to water dripping in the external part of the walls
If the seepage is due to cracks on the external wall, the society has to repair it. All external repairs are the responsiblity of the Society. You can definitely complain to the Registrar but before that make sure that you have lodged written complaints with the Secretary and obtained his acknowledgement. If he refuses to accept, send by regd. post or courier. Send preferably 3 letters with a gap of about 10 days and then write to Registrar with copies of all complaints.
TO MR. SV
THANKS FOR YOUR REPLY FOR THE QUESTION RAISED ON 18.08.09 AT.9.53 IST.
I WOULD FURTHER LIKE TO KNOW IN DETAIL - UNDER WHICH LAW OR SECTION I WON'T HAVE TO PAY THE TRANSFER PREMIUM, & ALSO CAN I GET THE ADDRESS OF THE REGISTRAR OF CO-OP SOCIETIES - I AM RESIDING AT KANDIVALI [W].
I have purchased 1 BHK flat from builder, in a society which is already formed 4 yrs ago. There are some unsold flats of builder in this society & the Builder is alreay paying maintenance for the same.
Now when I have apparoached the Society with the Flat documents for membership, they told us to pay transfer amt of Rs.25000/-, but when I told them that the Flat was purchased directly from Builder then why should I pay the same. Secretary told that since builder is paying maintenance he is also member of society & any member selling the Flat is liable to pay Transfer amount. Then I approached the builder regarding this & he told us that you will never have to pay any Transfer money to the society as per law. Now the Soceity is not allowing me to enter the premises. Can you let me know whether I will have to pay the transfer amount of Rs.25000/- as per law. I am stuck inbetween the Society & the builder. Request you to revert ASAP.
NO NEED TO PAY ANY TRANSFER PREMIUM AS YOU ARE A FOUNDER MEMBER OF THE THE SOCIETY. IF THE SOCIETY IS STILL HARASSING YOU, THEN APPROACH THE REGISTRAR OF CO-OP. SOCIETIES IN THE JURISDICTION WHERE YOU ARE RESIDING, WITH A COMPLAINT AND AN APPLICATION FOR MEMBERSHIP. YOUR APPLICATION FOR MEMBERSHIP WILL BE SEND TO THE SOCIETY THROUGH THE REGISTRAR.
Our is CHS of 44 members consisting of 12 shop members and 32 flat members.society had constructed a borewell in the compound and money has been collected from all the members and even some money from society fund has been used.Now the flat owners are using the borewell water but they have refused to give borewell connection line to shopowners.Can they take such a stand against 12 members of the society.What action can shopowner can take against the flatowners who are restricting their rights to use borewell water.
In a Co-op Society each and every member has same right ir respective of the user being commercial or residntial. As a member of the socisty you can file a criminal case against the managing committee members for the stopage of use of water which comes under essential services.
I own a shop having built up area of 250 sft. on the ground floor of a residential building at Thane.The society issued monthly bills calling "adhoc maintenance charges" @ Rs 4/- per sft.The society is not providing any services to the shops.Water is also not provided despite repeated requests for the same.Please let me know the legal validity for demanding such 'adhoc' charges?Is it binding on me to pay it?I have not been issued any communication by the society making me as one of its members.Thanks & regards.K.Vishwanathan,Thane.
Dear Sir, Our Society is not yet formed. No one knows when it will happen. I would like to individually pay Mumbai Municipality's property tax from 1/4/09, as builder says he has cleared all the previous dues, but not ready to share any documentary evidence with the flat owners.Please let me know can I do it.
Thanks.
With regards,
S.N. Dutta.
Mumbai.
Sir, You can form a co-op society if 60% of members agree. As to the municipal taxes if you have paid the outgoings / advances to the builder for miant & taxes it is his duty to make payments you may with soem members jointly write tot he Municipal authorities for details and in case of the failure by BMC to provide details you may also make application under RTI and also communicate with the builder in writing. Non payment of taxes if collected by builder is a criminal offence and unsihable under the law.
Dear Sir/Madam,
Our society is situated in Pune, Maharashtra. There was a transfer of shares that took place between 2 brothers (family members) one & half year ago. The then committee charged only Rs. 500/- as transfer fee & no any premium on transfer. Was that right? The present committee now has issued legal notice to these 2 brothers & former committee members for recovery of premium (Rs. 25000/-) with 18% interest within 8 days otherwise, the notice says, a dispute u/s 91 will be filed. The said transfer has not been approved/ratified by the AGM yet. The matter was not brought before the GBM neither the 2 brothers, new member & former committee members were served show cause notice or chance was given to them for their explanation. Please guide.
Dear Sir/Madam, transfer of shares between 2 brothers (family members) does not attract transfer premium under the model bye laws. Please check defination of family
Family' means Group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in law, brother? in-law, sister-in-law, daughter-in-law, grandson/daughter
The then committee charged only Rs. 500/- as transfer fee & no any premium on transfer. Was that right? The present committee now has issued legal notice to these 2 brothers & former committee members for recovery of premium (Rs. 25000/-) with 18% interest within 8 days otherwise, the notice says, a dispute u/s 91 will be filed. The said transfer has not been approved/ratified by the AGM yet. The matter was not brought before the GBM neither the 2 brothers, new member & former committee members were served show cause notice or chance was given to them for their explanation. Please guide.
Reply by SV:
August 18 , 2009 ,15:49 IST
Yes, it is right. Pls. refer bye-law No.38. Also pls. note that the present committee cannot take any legal action againt you u/s.91 as claimed. But you take an advocte's help to file a Caveat Petition before the Co-opertive court, to prevent them from getting any interim order.
we have co.op hsg.society and we have shopkeepers also in the building. They have 2 seats in the committee. They can do voting for their 2 seats. and hsg.residential has total 7 seats( 6 male + 1 ladies). can shopkeeper vote for 2 members only or they give total 9 votes? pl. clarify.
recently one of the member has taken as an associate member and at rhe entry he has asked for the record of last 12 years with the attestation signs on each of the paper, as a post holder what is to be done? is there any restriction for the period of record that society has to keep?
Dear sir,our society bldg has 15 flats and I am paying my maintaince regulary and on time but 14 flat members has diceded to lock the lift for 6 hrs(12pm to 6pm) and we our on 4th floor can I take any legal action against society as our family includes aged person,patient,small children.
Dear sir,
The sectretary of the society says that I am not entitled to a copy of the conveyance deed even though I am one of the original members. She refuses to give it to me. Please advise the legal provisions under which I can claim a copy of the same and also of the other documents executed by the society and the various permits obtained by the society.
Dear Friends,
in our society elections 11 people were elected to form the managing committee. The new management committee has appointed 2 other members of the society as honourary consultants without describing as what contribution they would making to the committee. My question is whether the managing committee can pass a resolution in management committee meeting for appointing the consultantswithout taking the members of the society into confidence.
2) The managing committee has also paased a resolution in the management committee meeting to reduce the strength of the current security personnel in order to reduce the costs,which looks like playing to the gallery. Do they have such rights to pass a resolution in the management committee meeting without taking the other members into confidence.
Any legal case laws pertaining to above would be very useful.
1.Whether registration of sale agreement is mandatory.
2.If flat purchased prior to 01-12-1985 from the developers by way of allotmant letter and agreement of sale.Stamp duty paid nominal Rs. 100/-. But after formation of society in 1984 the conveyance not transferred to society. Whetehr member can be called upon to pay stamp duty as per market value from his pocket for facilating conveyance to be executed by the developer in favour of society . Assuming the stamp duty is liability of society. what happens if few members do not co-operate in getting their agreemnt duly stamped for effecting conveyance in favour of society.
Please let me know when should the increase in the maintance charges from the financial year 2009-10 as resolved the AGM in July 09 be effected. Should it be effective from April in which case they should collect the arrears or should it be effective only after the AGM date. Please clarify.
Let me know the maintainance chgs for terrace attached with flat is chargeable or not? The problem is that the common terrace was sale by builder to the terrace attached flat owner.
I am awaiting for reply
with my flat attached a pocket terrace on 1st floor without a parapet wall,i had covered my open space by roof and now they are declaring a charge of Rs.350/month, so is this applicable as per rules or not.
Reply.
i had purchased a flat in nallasopara
secretary says not to install any dish on terrace as it leads to leakage. where as two people just installed dish . he is not taking action against him.
i asked him to show me where society had passed in writing that dish is not allowed/. secretary is imposing his views where to approach and wht are society rules
In our society from Bank by self chq Rs. 40000/- withdrawn by fraud signature as per secretary & The chairman & they collected Rs.3000/ from all memebrs under the head service charges extra for this. They denied to go to consumer court & deny to show me letter to bank about such fraud matter. They charged Advocate fees of Rs.5000/- for drafting this letterin Income & expenditure account. what action agaist whom & cost?
with my flat attached a pocket terrace on 3rd floor without a parapet wall. can i put a railing and grill for my family safety purpose on it. also i want to put a weather shed on the grill. wheather it is allowed.
You can put a railing for the safety purpose but you can not cover with wheather shed amounts to covering the area and use of FSI. It can be done only if the Society permits you to do so and als0 if BMC grants permission and approves the same. You have to pay assessment taxes for the area covered with wheathersheet.
One member of our society built grill installation on the floor which is part of soc. premises with out committee permission.What legal action can be taken against that member? Please reply.
We had not got the share certificate from the society. They have a objectionn on our office type furniture at our residence. We are computer consultants and our engg. comes to our premise and report to us. We have office activities at our customer's place & not at our residence. Can society have objection on our furniture?
what is the rules to be obtain at the time of taking election of after expiry of old managing committee's tenure and our tenure will be expire on 03.08.2009, when we shall take election
Family' means Group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in law, brother? in-law, sister-in-law, daughter-in-law, grandson/daughter ( no transfer presmium is pyable if falling within the defenation of family)
since last four years the managing comitee is selected ,not elected,the new comitee has not shown the indemnity bonds but states they filed whithen (3} months as per the advise of auditor,and claim to be legally correct,the same auditor has approved the transfer of flat in the name of an UNREGISTERED TRUST without showing it a discrepancy in last audit,how /and whom to report this matter to reinstate the law and order
I have flat of 590 sq ft. in Kalyan. I pay maintenance charges Rs, 295/- per month. Another resident of same building having flat 700 Sq. ft & paying maintenance charge Rs. 350/-. Please suggest any clause of Maharashtra co-op Housing Society Act which gives information regarding this.
If so please mail me on aruna@dicitexdecor.com
Kindly forward me the copy of M 20 form which is required to be submitted by each managing committee member. And also provide me the further line of procedureon getting the society registered.
Kindly forward me the copy of M 20 form which is required to be submitted by each managing committee member. And also provide me the further line of procedureon getting the society registered.
I am staying at Jeevan mangal building at charkop, by daughter aged 10 yrs is suffering frm celebral palsy & is not able to make any movements including getting up the stairs. we do not have an evevator in our building . pls advise as to how we can install the lift at our bld. many of the members r not co operating in the matter. is there any way by which u can help. thanks & regards, trilok thaker.mumbai, ph 9869472873
Point 1:
We have Apartment where i have 2 flats
Both flats are in the name of Husband and wife with 2 seperate aggreements.
For formation of Society or Apartment, we will be considered as 1 member or 2 members?
Ponit 2
We have total 12 flats . but owners are 7 familys. but some of the flat has 2 owners ( e.g. husband and wife together owns 2 flats as described in point 1.
If we count them as individual flat owner as per point 2 then we will become 10 members so that we can directly go to registrar for society formation.
Can you clarify me wheather we will be counted as 2 owners or single owners
We have Housing Co-op.Soceity(newly formed) where we have 2 flats Both flats are in the name of "Daughter & Father" with 2 seperate aggreements. In the Sale Agreement Daughter's name first and Father's name second. We want to know whether we will be considered as joint owner of the Flat. In the Sale Agreement Daughter's name first, hence she is the only Owner and Father's name is second, hence father is not owner or what, what is his powers. Whether we are both are having Ownership as well as membership. It means we are both Owners of the Flat and can become the Member of Committee of the newly constituted Managing Committee of our Housing Co-operating Socieity. Please enlighten the powers of the joint owner of the Flat in the newly started Co-operative Housing Society.
please let me know the rights of associate member after the death of original member and how only one son can get the ownwrrship of the flat as other sons and daughters have their own flats and wife has her own flat.
thank you
our society is build by the tenant and classification given at the time of registrtion was tenant co.partnership housing society. we have not adopted new bye laws. society had alloted me open parking space against deposit of rs. 5000/- i had receipt for the same. can i sale this open parking space alloted to me at the time of sale of my flat? pls. guide me. otherwie my money will go waste ( Rs. 5000/-)
Sir, My mother was a memeber of a Co-op Hsg society. She died without filing a proper nomination. the Society is now asking us to procure Heirship/succession Certificate from Court. What is the Correct Procedure to follow in such cases.
Your mother died. You should have approached federation. In that office of at Tax-print fort office you will get set of document. Please fill up and give it to the society. Your job is done. relax.It is very simple.
Reply by D.P.Karavade:
August 26 , 2009 ,11:06 IST
It is a short but legal procedure. You will have to engage a lawyer for that.
Our Society is functioning without any election for years, the present committee is an Ad-Hoc Committee and is very arrogant.
The society is giving us monthly bills for maintenance which carries a registration number of the society and the year (1981).
However, when we approached the Registrar to seek details on the documents submitted by our society, he replied back in writing saying the "Said society is NOT registered with our office".
Our Building is in K/West and We had approached the Dy. Registrar of Co-op Soceities @ Bandra East.
We are really confused now. Are we paying our monthly bills to a housing society which is not even registered ?
If the society is not registered with the Registrar's Office, then how come the Society is giving us monthly bills/Share certificates/Circulars which carries a society registration number ?
It is a criminal offence to use the word "cooperative society", in any document, if the society is not registered with the authorities. A complaint to this affect has to be made to the registrar of cooperatives.
Keep Smiling .... Hemant Agarwal
Legal Consultants
email : ha21@rediffmail.com
mobile : 9820174108
The society security guards have been employed for years and have become ineffective and lazy. Such a long period of service appears to be risky considering their knowledge on the timings and family routine. What is the best practice regarding maximum acceptable length of service for security guards in one posting
Maharashtra Cooperative Socieies Act has been recently amended by inseting new clause vide Sec 73(1)AB. To which type of societies is this amendment applicable ?
As per Maharashtra Societies Act 1960 section 73(1AB) and as per Rule 58-A 0f Maharashtra Societies Rule 1961 applicable to all cooperative societies in Maharashtra who are registered under the above mentioned Act,Rules and Bye-laws and and who are using the word "COOPERATIVE" all comes under the above mentioned law.
The Society Security Guards are very ineffective in protecting the property and the vehicles in the premises. In spite of repeated notices to society, ther was no improvement in the situation and i had to go through a lot of troubles. In what way can i ensure to set the situation right. Can i stop the monthly maintenance after service a notice to the society for the reason.
Ours is society having 42 Bunglows & 92 flat,
Original Application was done by promotor was for Tenant Co Partnership, but Registar has issued certificate for Teanant Ownership, from '86 to '94 construction of all bunglows & Flat in two story building took place.
inspection was carried out by Registar's office & due certificate from them was also issed.
Suddenly Dec.2008 Registar has sent notice to Society saying they have registraion for only 15 Dewaling House & flat which is Multistory Building is Ilegal as Registraion is done as TO ( Tenant Ownership )
When approched Personally by flat members registar is asking to get proff for change from TO ( Tenant Ownership ) to TC (Tenant Co Partnership)
We all memebesr 42+92 = 134 has been issued share certificate for Rs.250 each.
What shold we flat owner should do to protect our interest.
Sir,
Is it necessry to take NOC from the Society? (of lease hold plot holders to transfer my interst and right ).If I have asked for NOC on plane paper ,then till what period I have to wait for their reply? If I apply for Membership and on plain paper and the Soc Doesnot reply me Do I become the member after what period? I have paid by draft as transfer fees and cheque for Maintainance charges and I have all the acknowlegements but the soc has not replied nor send me the draft and chq back and neither they have encashed it?
Please guide me
sir our so.was borned about 40 yers ago ,20yers my father was sec. after that one person mr manohar wadhwa has takeover the mangement now our so. is in thundering position evryone(30) have seprate water connection , buliding structure is vibrating what can we do now please sugest us or appoint gov. man to conitiniu our building mentananse?
MCS Act 73-ID(2): The requisition of such special meting shall be signed by no less than one third of the total number of the members of the committee who are [entitled to elect president, Vice President, Chairman Vice Chairman, Secretary Trasurer or any other officer, as the case may be, of the committee] and shall be delivered to the Registrar. The Requisition Shall be Made in such form and in such manner as may be prescribed: Provided that no such requisition for special meeting shall be made within a period of six months from the date on which any of the officer referred to in sub section (1) has entered upon his office.
Pl. guide us about own fund calculation for CD RATIO and own fund calculation for deposit to be accepted i.e. 10 times of such fund.
mail Id : info@navinsubhedarps.com OR sewak58@yahoo.co.in
Open space arround the buildings in the society premises, Stilt car Parking, Terrace attached with flats/common terace ,common passage or any common amenities can not be sold by any person,either Builder or society, and no member has sole right on the common amenities mentioned above the above same mentioned are property sole property of the society.
I am reciding in a flat in CHS. Members say that I cant't take tuition for japanese language as it will be commercial use. I am not working in any company outside and I am not employing any other teacher also.There is no lift or any other expenditure society has to bear.
My building is having only seven flats. Can it become a registered cooperative housing society? If so what are the formalities I should complete? Thanks
My building is having only seven flats. Can it become a registered cooperative housing society? If so what are the formalities I should complete? Thanks
Under clause 72 of the bye law of the hsg. society mg.committee can charge interest upto 21% if approved by the gen. body. But in case gen. body resolves delay charges @21% instead of interest charges,what is the legal view as bye law does not permit for delay charges .I invite legal views on the same.
thanks Reply
can a 2 joint holder in a property lease the propety in this case the wife when her husband is out of town, without his signatures or power of attorney.
You can get nomination fors and the forms for the associate members from your society office or otherwise from the Housing fedration situated at fort Vikad Building 1st floor, Mumbai.
Reply by dalip:
April 28 , 2009 ,06:44 IST
Form 7A can be procured from stationary stores who keep legal documents
I am staying on a leave and licence agreement in a housing society in andheri since 3 years. The Society had provided an NOC initially. Is NOC required from the society if I am renewing my agreement with my land lord. Can the society refuse the NOC?
I am staying on a leave and licence agreement in a housing society in andheri since 3 years. The Society had provided an NOC initially. Is NOC required from the society if I am renewing my agreement with my land lord. Can the society refuse the NOC?
At the time of renewal you have to take fresh NOC from the society. you have to submit the police verification report and your registered Leave and Licence Agreement too. If society refuse for the NOC, in that case you can ask for the reasons, in writing.
Under MCS Act 1960 what is the provision for proxy voting,and how many votes owner of more than one property in the co-operative society can maximum cast in the society elections .
Kindly let me know how much premium is payable to a housing society on transfer of residential flat. Our society is in Kalyan (West). Our Society maintains that it must be 5% on the sale value without any upper ceiling which seems to me as substantial. Society does not accept anything lesser than 5% and is adamant even to hold special AGM to sort out the matter. Thank you much for reading this but matter most urgent please.
Transfer premium is not related to agreement value. It is governed by byelaw No. 38 (e) ix and subject to relevant circulars issued by the Govt. of Maharashtra. Currently, the amount ranges from Rs.5,000 for gram panchayats to Rs.25,000 for metropolitan areas. The amount has to be decided by the general body meeting but cannot in any case exceed Rs.25,000. Society can also not ask for money in any other form.
Hello Reader, please let me know the procedure required to transfer the flat in my wife's name after the death of both of her parents? what is the formalities we have to fulfill in order to do so... The flat is in it is a registered society in thane District. Would there be any fee involved. If yes, then how much. Can we do the procedure without involving a lawyer? The nominees for the flat are me and my wife. But in the WILL my father in law has mentioned only my wife's name. Will there be any complication.
Thank you for reading. I will greatly appreciate any positive input to enlighten me in this subject.
sir i would like to know that my society was registered in the year 1992 but the people in the society have taken money in case of transfership but the people in the society dont show any balance neither they want to talk about it or tell anyone about it...when ever they take maintance from the renters they dont give a bill...they have not kept any records about the expenditure to prove their statement....their are 12 flat from where 4 flat are tenats staying on rent....the person who is on papers as a chairman tell that he is no more a chairman he has give that post to someone else verbelly not on papers is this allowed...the 8 flat people fight among them self to become a chairman,do they have any right now ,it is since 17yrs they have not maintained any record of any thing....if we dont want anyone to become a chairman can that happen,because people want to become a chairman to eat money......if we complain to the chairman about anything he doesnt take action .....what can we do
Refer Maharashtra cooperative Societies Act,1960 section (6),(7),(8) & (9)You will get the Answer as per your Requirement.
Reply by bhavesh-shah:
May 13 , 2009 ,18:35 IST
go to registrar office i.e.GPO (Malhotra House) & new office at vadala
collect the annexure & application form fill the forms & submit with the registrar & then registrar may call for registration fees & stamp duty (Rs.2500/-) & if require. ask for some bond & then finally with in 12 weeks i.e. 3 months they has to give a registration certificate or reason for non registration (registration may or may not be with the co-operation of the builder)
documents required at the time of registration
society has a bank account in the name of proposed society
minimum 10 members in the society.
agreement of sales to be stamp duty paid agreement & registered.
xerox copy of the agreement.
any difficulties do not hasitate to call on 9869729066.
Dear Sir/s,
We have a total of 34 members in our society and in the election for committee members held in Nov '08 a total of 6 members including myself contested for the election out of which 5 of elected to the committee. I would like to mention that I was the only female contestant for the election.
Please furnish me with the following details as per the bye-laws of co-operative societies act:
1. In our society of 34 members, what is the minimum number of committee members required and the positions held (viz.a.viz President, secretary, treasurer and committee members)?
2. Is it compulsory to have one female member in the committee whether elected or not?
Can you send me rules / rights and duties of the President / Vice-President/Secretary / treasurer and members of the Co-operative Housing Society in Mumbai
since last 4 years the society is in the hads of oppertunists who nither have filed the indemnity bonds nor held elections,they have transferred a flat in th name of an UNREJISTERED TRUST which is conducted by one of the comitee member,the chairperson transfered her aunts flat withut paying any stampduty or documents in her own name.even the audetor appointed by them has not mentioned any irregulation.can any one give the e mail /phone no of rejistrar of societies k west ward.thanks
You have listed lots of irregularities. They all qualify for the strict action against the committee. Write detailed letter to the registrar and he will dissolve the committee and appoint an administrator for the very first failure that they have not filed M-20 bond. He can also act against the auditor. If you complain to the Institute of Chartered Accountants, even they will act against him, provided he is a C.A. Get the registrar's address from the telephone directory or from the district housing federation. You can also get their addresses from other societies in your vicinity.
since last 4 years the society is in the hads of oppertunists who nither have filed the indemnity bonds nor held elections,they have transferred a flat in th name of an UNREJISTERED TRUST which is conducted by one of the comitee member,the chairperson transfered her aunts flat withut paying any stampduty or documents in her own name.even the audetor appointed by them has not mentioned any irregulation.can any one give the e mail /phone no of rejistrar of societies k west ward.thanks
Dear sir,
Let me know what are the rights and powers of the secretary/chairman/Treasurer/and vice-chairman/vice treasure/
because we r facing some conflicts in our society.
Pls reply
If you have received any reply to your question on the rights and duties of all office bearers of hsg soc, i would request if you can mail the same to me. even i am facing similar problems
Reply by anju:
March 16 , 2009 ,09:58 IST
If you have received any reply to your question on the rights and duties of all appts of hsg soc, i would request if you can mail the same to me. even i am facing similar problems
Dear sir,
Let me know what are the rights and powers of the secretary/chairman/Treasurer/and vice-chairman/vice treasure/
because we r facing some conflicts in our society.
Pls reply
can a society penalise the member for non attending anual general meeting or any other meeting held by society
Reply by D.P.Karavade:
August 25 , 2009 ,17:22 IST
The bye-laws do not provide for such posts as Vice Chairman, Vide Secretary or Vice Treasurer etc. There are only Chairman, Secretary and Treasurer. While the treasurer is responsible for all money matters, the SEcretary has to shoulder the lion's share in running a society. Apart from all routine functions, he is responsible for all legal compliances. The functions of these 3 functioneries and of the whole committee are covered by Chapter XI in general and bye-law Nos. 138 to 141 in particular
my society in mumbai is compelling me to undertake repairs of a structural defect in the slab of my flat at my own cost , & not ready to
repair it at its own cost , what action can i take against this society ?
The MCS amended rules 2002 are they retrospective?
my late father who was the honorary director for a cooperative bank in early 90s has been issued with the show cause notice for irregularities, now is forwarded to my mother who is ill with cancer.
Where does the liability end?
Do the honorary members have indemnity insurance?
Nandu
Dear Sir,
Kindly guide me on the following rare instance:
One of our society (Thane, Maharashtra) member had filled up the Nomination Form. In which he has filled in following manner- nomination \"his wife 100%, son 100%, daughter 100%, another daughter 100%\". He has not submitted any Indemnity Bond yet.
But the main thing is that , he has only communicated us that the nomination will pass one by one in case of his death in the above given order.
Means in case of his death nominee will be 100% his wife. If wife is also dead then will passed to his son 100% & so on.
I want to know if this is legally allowed i.e. more than one nominee & one after another without any written intimation. And if yes what is the legal procedure & documentation required to submit to the society.
How can 100% ownership be passed on to 400%? Nomination has to be for 100% split into as many family members as he wants. But he cannot nominate for his successors like wife and sons. If he nominates 100% to wife, after his death his wife will decide whom and how much she should nominate. If he nominates more than one person (total not exceeding 100%), all nominees have to furnish a bond on Rs.200 stamp paper as memtioned at the bottom of the nomination form.
What should the Society do if the bonafide dues of the Society (from some non members)are collected by an illegal association? The non members are enjoying all facilities that a member enjoys..
APPROACH THE COURT AND INITIATE PROCEEDINGS FOR A STAY ORDER, TAKE ACTION AGAINST THE OCCUPANTS U/S 101 MCS ACT, APPLY FOR RECOVERY OF FLAT FOR BREACH OF AGREEMENT.
what is the consequence if society has not recieved full charge from out going sectrary and there are serious breach of trust issues to be sorted out which emerged only in process of partial charge hand over?
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