Sunday, 26 February 2012

Duties & Responsibilities of Chairman


Duties & Responsibilities of Chairman is as follow :-
  • The Chairman or President is a top person in the Managing Committee[MC].
  • He/She is over all supervisor of the Society.
  • He/She has to keep eye watch on complete function of the Society.
  • The Society has to give services as per object of the Housing Society for which it is registered as per Co-op. Law. If any malfunctioning then he/she is responsible for the same and answerable.
  • Chairman has Final Decision Power. Without his/her knowledge decision cannot be taken.
  • He/She is one of the signatory for Bank operation out of Joint Authority.
  • Chairman of the Society shall preside over all meeting of the MC AND ALSO AGM/SGM.
  • Every member has one vote but chairman is having decision vote i.e. 2 vote.
  • Chairman shall see that all records are maintained for management of the Society.
  • Chairman should see that audit of accounts of Society is done on time at each year and AGM is held every year on or before 14th August after audit.
  • He/She has to arrange welfare activities from time to time to keep good relations among all members.
  • He/She has to take initiative to hold meeting or order to Secretary to arrange MC  meeting every month.
  • In emergency the Chairman is entitled to exercise any of the powers of the MC.
  • Any such action taken by the Chairman has to be ratified by the MC in its next meeting.
  • Chairman post can not be vacant.
  • If Chairman give resignation or remove from his post by passing a no confidence resolution by SGM/AGM  then it is consider that all member of MC has given resignation or remove from their post. Society then take Election for new MC.

231 comments:

  1. Chairman of my society got very upset and was complaining over and again because due to a serious medical emergency we woke him up in the middle of the night at 2.30 am. I live on 10th floor in a society. On 10th December 12, around 1.30 am the electricity of entire building was gone and the lift which always has a power back up, could not be on. That time itself I felt breahlessness, chest pain and uneasyness and i was to rush to nearby hospital for ECG. Lift, intercom all were not working. Watchman was not picking up the phone so I rung up the chairman. Instead of any kind of assistance, he, then n there started accusing me for waking him up. I said sorry n kept the phone. Next day he met me near the lift and again started accusing for waking him up. I again clarified it that under severe medical emergency I called him up at that time so that lift could be on / he could contact someone o make the lift on but he continued the same and talking ruthlessly that i shuld take a house on 1st floor / he is not in social service to serve society people and he is chairman but not paid etc etc. I just want to know that apart from huminitarian grounds, is chairman can be contacted for this issue which I have face and suffered? Does it come under his duties? If the lift was off for 2 bhours n caused me so much of trauma, panic n inconvenience then is it wrong to wake the chairman of the society? Please guide?

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  2. Yes, sir it is duty of chairman & other committee member to help you in the emergency. As per Model Bye-Laws No. 161 [B]. You can make complaints to registrar of society. You can also file case against chairman & committee member in co-operative court & consumer court.

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  3. Dear Sir,
    Can the chairman of the housing society resign just by informing all members through a circular or notice, without a general body meeting? As i dont want to continue as chairman due to my ill health,can this be treated as valid resignation.Is their any rules for the chairman's resignation.

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  4. Chairman can send his/her resignation to Hon. Secretary of the society. Secretary has to place this resignation in the next Managing Committee Meeting of the Society. After approval of the resignation it is duty of secretary to inform the other member of society about this resignation.

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  5. sir our building comprisises of two wings A wing and B wing and each wing has 20 flats and we have common terrace. Terrace has two entry gates from a wing and b wing respectively and keys are with A wing and B wing top floor owners respectively anyone from our society take the key and go up and misuse terrace like children smashes bulbs any1 go up and shut down all the walls of pipelines which causes shortage of water and cut wires of internet connections or cable.SIR CAN WE DO ANYTHING ABOUT THIS IS THERE ANY RULE ABOUT USING THE TERRACE AND IS IT POSSIBLE TO KEEP THE KEYS WITH US AS MY DAD IS THE CHAIRMAN OF THE SOCIETY

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  6. yes MC can make rule regarding use of terrace and their charges. Rule should be pass in the AGM of the society. Any MC Member can keep the key of terrace but you should inform all the member from where to collect the key

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  7. संस्थेच्या इमारतीच्या पुनर्विकासाबाबत : सहकार पणन व वस्त्रोद्योग विभागाच्यावतीने पुनर्विकास नियमावली प्रसिद्द झालेली आहे. शासन निर्णय : सगृयो/२००७/प्र.क्र. ५५४/१४-स, दि.३ जानेवारी २००९ प्रसिद्द झालेला आहे. या नियमावलीच्या आधारे संस्थेच्या इमारतीचा पुनर्विकास केल्यास कोणाचीही फसवणूक होणार नाही याची मला खात्री आहे.

    याचा अवलंब न केल्याने आमच्या कोलोनी मधील सात संस्थांचे नुकसान झालेले आहे. पुनर्विकासाबाबत शासनाची नवीन नियमावली प्रसिद्द झालेली असल्यास, ती या ब्लोगवर प्रसिद्द करावी. व ९७ च्या घटना दुरुस्ती करून नवीन कायदे अस्तित्वात आले असल्यास ते सुद्धा प्रसिद्द करावेत.

    ReplyDelete
  8. Still their is no further GR issues for Redevelopment apart from 03/01/2009 which is posted on my blog.
    Regarding the 97th Constitutional Amendment in the Co-operative Societies Act and its long term impact On Housing Society I will post this in this blog in 7 -10 days.

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  9. good mrng sir,
    i am resident of nashik city.i am new member of sosciety.chairman has refused us to sign over NOC while purchasing house.but our advocate did that from registrar.now yesterday CM & other members called us down started conflicting with us that ur registration is fraud,u did not asked us before purchasing house etc....
    kindly answer me that does CM & member holds this right to accuse us?they are not offering us NOC.
    does other member than chairman holds right to accuse us in this fashion?

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  10. This comment has been removed by the author.

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  11. On the grounds of cheating/mistrust can an elected chairman of an housing society be removed ??

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  12. Dear Sir,

    A rule implemented by an MC in our society is causing inconvenience. How can this be handled?

    ReplyDelete
    Replies
    1. you can inform the MC about this and ask your society Complaint Redressal Committee to take decision. You can also point out this in AGM /SAGM or inform you area Dy. Registrar of C.S.

      Delete
  13. If any managing committee member is not maintaining discipline in the MC meetings and shouting in that circumstances wt are Chairman's powers under the byelaws or act or rule?

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    Replies
    1. Secretary can issue notice to this member regarding this behaver in MC Meeting in written and give copy to registrar . If next time he do this then ask registrar to expel/ remove this member from MC.

      Delete
  14. we are new office bearers of MC and in the past some loo poles are there in the minutes of the meetings as recorded some are typed and sign and handwritten but not signed pl advice can v take this matter to the registrar?

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    Replies
    1. What you Auditor do ? Is Auditor do not check MC Minutes and sign at the end of every minutes? if not then change the auditor he/she is not doing audit properly. Taking this matter to registrar will not help you so much instead of that confirm the all minutes in you AGM /SAGM this will more helpful.

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  15. i have a flat in a coperative housing society. and now i am willing to seel my flat. for wich i have asked my society to give me required documents like societ regwstration cerificate copy and related documents requierd for bank loan of the person taking the flat.but the chairman is interfering in our deal and not letting anyone in society to provide any documents.the society under pressure of chairman not allowing to give any documents saying society is not bound to give any documents. as a member what actioin can i take pl help

    ReplyDelete
    Replies
    1. First ask buyer to give you list of document required by their bank for loan then give written application to your Secretary regarding following document required. Like Society Reg. Certificate, Approved Plan, Property Tax Bill , Property card OR 7/12 and other document required by Bank. If secretary do not provide this document in 7 days OR not accept your application then complaint to Dy. Registrar of C.S in your area. Ask Dy. Registrar of C.S to provide this document to you from society under RTI

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  16. I stay in Pune, for some issues raised by members of the society and things getting personal. The big ego chairman and secretary has resigned and their letters has been sent to the dy. registrar. Now he has refused to sign the cheques and make payments to watchmen, water supplier. His excuse is that he has resigned since month of june end and is not authorized to do make payments. There is no chairman and secretary or until the Dy. registrar makes some decision. The society members are facing problems of water, no generator backup and many more. Can you please suggest if its the chairman's duty until new chairman is elected by dy registrar? what legal action can be taken against him if he is not co-operating.


    ReplyDelete
  17. Resign letter of Chairman & Secretary has to approve by AGM or MC. Chairman & Secretary can not send the resign letter to Dy. Registrar. C.S. If AGM or MC do not approve this than they can hold office.

    Chairman & Secretary has resign from only the post of chairman & secretary only or they resign from MC member also. If they resign from only the chairman & secretary post then you can elect the new chairman & secretary form MC member. If they resign from both chairman &secretary as well as MC post then you can co-opt the 2 member as MC member for remaing period of current MC and select Chairman & Secretary. Ask this old Chairman & Secretary who resign to hand over all the document and other things to new elected chairman & secretary.

    Still hand over process done they have to to sign all nacessary payment chq. like electricity bill, water bill, property bill salary of staff. But they do not start any major repair work or new work.

    if they submit M-20 bond then you can take legal action against them is they are making lose to society. OR if they not submit this bond then also you can take legal action them u/s 73 of MCS Act.

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  18. Hi Visariya,
    Wanted to check 3 of the 5 committee (ex President and Treasurer) members has resigned. By the time new members are elected by calling EGM, President is issuing letters to the resigning members accusing several allegations without consulting anybody and is also refraining Secretary (resigned) to perform any function.
    As per my understanding:
    - Secretary continues to function till new team is elected
    - all letters issued by President later has to be ratified by the committee Appreciate your views on the same. What can we do if we disagree on points raised on the letters already sent by him. Do those letters become null and void.

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  19. You can not call EGM and elect new members. Election is done by State election Committee only. Till that time old committee has to continue. If you elect new member with out written permission of Dy. Registrar C.S. in you area than it is null & void. If any wrong things is done then old committee will face the problem. Registrar will appoint and Authorise Officer and recovery all money from old committee. So this new MC committee is Null & void. Old committee has to continue till the time of election.

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  20. What is the procedure to remove / passing no confidence resolution against chairman of the society? Is re-election is must post resignation or removal of the chairperson?
    what action can be taken and under which section if above procedure is not followed?

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  21. In MC meeting agenda you have to write Passing no confidence resolution against chairman. After that in meeting MC, MC member has to prove with evidence and pass the resolution. After that you have to inform the Registrar of C.S. to conduct the election through State Election Commission. Since now any co-operative society election can conduct by State Election Commission.

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  22. sir i live in navi mumbai, our society is demanding some documents like tenant rent aggrement, car registration documents, photo, pan card to issue parking steaker and forcing us that if documents will not be submitted parking steaker will not be issued and the car will not be allowed to park inside the building even at the parking of tenant. i have an objection in submitting the pan card and car registration paper bcoz there are irrelevent documents. what should i do? is society can make any rule to harrase the tenants?

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  23. i am live in bhayander thane our society registered in 1998 our one society member not pay maintenance charges up to know
    how can we collect maintenance charges
    he will give the shop to one rent tenet
    how collect charge

    ReplyDelete
    Replies
    1. Firstly, sorry for late reply as I am on vacation.
      To recovery the maintenance charges from member file Case U/S 101 for recovery of dues before Dy. Registrar of Co-Operative Society. You can get the format from vasai housing federation. If Member give his shop on rent then ask for register leave and license agreement copy and police verification of tenant from local police station. If he has not register his leave and license agreement before sub registrar of assurance then inform the collect of stamp thane city, collector office, Thane-400601 regarding same. If police verification is not done then inform local police station that some unknown person is doing the business in you society kindly vacant the place and take charge of the place.

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  24. We are a new soceity of only 53 members, however since the half of the flats in the building is still unsold, we do not have enough people to fill the post of MC. Since Nov. we had a new co-opted committee of 4 members, and now one of the member is resigning, can the new committee continue to funciton, or do we need to co-opt another member? and if no replacement is found does it mean we need to go to the Registrar? please advise. thanks.

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  25. Firstly, sorry for late reply as I am on vacation.
    Inform the registrar to conduct the election of your society.

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  26. Can you please explain in details the process of removing the chairman of a co-op housing society from office for a co-op housing society in Mumbai

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    Replies
    1. I am interested in understanding the process of passing a no-confidence motion against the chairman. Thanks.

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    2. On what basis you want to remove chairman . Please explain reason then i will inform you process.

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  27. Well our society is going in for redevelopment and this chairman is unnecessarily delaying matter, not attending meetings, trying to extract more funds from the builder and none of the members are happy with him and want him out of office.

    ReplyDelete
  28. It shows you are not followed the guideline issue by Co-operation Department on 03/01/2009. which is available on http://housingsocietymaharashtra.blogspot.in/2011/07/gr-for-redevelopment-dated-03012009.html
    Once you follow this guideline then their is no scope of Managing Committee Member to take undue advantage.
    Remember that registrar will ask you Have you follow the guideline of our department ? when you go for approval for no-confidence motion.

    The process of removing chairman by no-confidence motion.
    1. 2/3 member out of total member of society has to sign the letter of no-confidence motion and give it to Secretary and ask him/her to call SAGM regarding this
    2. You have to give written reason regarding no-confidence motion against chairman with valid proof. This is in 2 copies.
    3. Secretary will send one copy to chairman and ask him/her to give clarification on this in SAGM.
    4. If SAGM is not satisfied with the reasons given by chairman then take voting and pass resolution.
    5.This resolution copy along with agenda of SAGM Notice & minutes of SAGM send to Dy. Registrar of C.S. Office for approval.
    6. After approval of Registrar you can remove the chairman and elect new chairman.

    ReplyDelete
    Replies
    1. Thanks for the details. Really appreciate that.

      Delete
  29. hello,
    i have a query if anyone can help me out.

    I am one of the flat owner in the cooperative society which is located at andheri mumbai, its been 6 years soceity has never formed meetings and chairmen has a entire hold in the soceity,she gave her flat for lease and residing in same localty,, but does not want to resign from her post.on top she asking for 4 lakhs which she has given for building repair fund but no were in the records. all the soceity document is with her

    as we have formed new Managing committe and chairmen & secretary, in this case what if we go to registar,,willl it be helpful?

    please write your views and advice

    ReplyDelete
    Replies
    1. First you have to inform all details of your case to Dy.Registrar of C.S. in written. You have to also inform him about new committee details and ask him to pass the order to hand over all statuary reports , files and documents by old committee member to new committee member. If audit report shows that x- chairman give Rs. 4 lakh rupees to society as loan for repairing then society has to refund it.

      Delete
  30. This comment has been removed by the author.

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  31. Hello, our society had been run by a provisional committee since it was handed over by the builders. Its more than 4 years and no election has been held so far in the society. We have around 80 flats and 9 municipality water connections. But the office bearers recently started purchasing tanker water of Rs. 1.5 Lakh every month without any budget approval and monitoring system. For the tanker water, the society was charging every members Rs.700 - 800 every month extra which is disproportionate and a sort of extortion. We made formal complaints with the society to install water meter to monitor the water procurement in the society. But it was denied without giving any strong reason. It appears that there is a close nexus between office bearers and the local water mafia supporting the water scam in the society. Based on our complaints, an SGM was called and all the office bearers resigned together but they continued to remain as care taker till the election is held by the Dy. Registrar. They insisted that the election has to be help by the Registrar office only. Presently election is stopped and there is not chance of election before 2015 January. Therefore, It was a ploy to continue to carry out the scam. We then came to know that one office bearer is not even member of the society. We made formal complaints with the Dy. Registrar with giving all details and evidence. By the water procurement figure, we are supposed to get more than 1000 Liter water per flat per day excluding the water supply from the 9 Municipality connections. But we were getting only one hour water supply. We made the complaints with the Dy. Registrar in October 2014. But the Dy. Registrar office was not taking any action. We followed up so many times with the concerned persons and had a couple of visits with the Dy. Registrar. It took more than 4 months to issue a notice to appoint an administrator in the society. But they didnt take any action to make any inquiry regarding our complaints. After so many follow ups, the Dy. Registrar office appointed an administrator. When the administrator came to take charge, he was not given charge by the office bearers. Instead, they mislead the members by saying that the appointment of administrator would cause huge unwanted expenditure and problems for the society. It would also down the property rate of the society. Some of the members got panic by the developments and distorted information by the office bearers. The office bearers then approached the Dy. Registrar using the influence of the local political leaders and water mafia to change the order of the appointment of the administrator and they proposed three names for the appointment. This would help them to cover up all the financial irregularities took place during their time. The Dy. Registrar changed the order the very next day accordingly and appointed one president and two members out of their proposed names. It was also revealed that the care taking office bearers broke more than Rs. 5 Lakh of FDs of the society even after their resignation. It is very clear that Dy. Registrar office was compromised and the new appointed president and members would again start the same water scam causing huge financial loss and problems for us. Should we apply for 83(A) inquiry as the local level inquiry could lead to clean chit to the office bearers going by the approach of the Dy. Registrar office so far. Dy. Registrar office took more than 4 months only to appoint an administrator to replace a provisional committee all of whom have already resigned and acting as care taker only. And the appointment order of the administrator was changed in one single day replacing the administrator by the proposed names of the care taker committee. It is obvious that the local level inquiry would also be changed in favour of the committee to cover up all the scam by the care taker office bearers. The dy. Registrar office is totally supporting the office bearers for some unknown reason. Please suggest us how to handle the situation

    ReplyDelete
    Replies
    1. In you case best option is you all member can file case in Co-operative Court against you old committee, care taker committee , water Mafia and Dy. Registrar. Ask court to take election for new committee and what ever amount of fraud for water scam done by old committee, care taker committee full recovery from that committee member.

      Co-operative court is the best options for you since from you post it observed that Dy. Registrar is also having some interest in your water scam.

      Delete
  32. Hi,

    Our society is 2 years old. Two elections were done in every year and the same body committee is taking care of the society since last 2 years. In the general body meeting of our society on 27/4/14; existing chairman and the complete body has resigned. In the same meeting they have elected me as a chairman but I am not interested in it. I have signed only the meeting attendance sheet and no other document or the minutes of the meeting. The existing body has not yet handed over any documents to the new body. Can I tell them verbally that I am not interested for the post of chairman; or I need to do any written formalities? Please suggest for the same.

    ReplyDelete
    Replies
    1. your society follow total wrong process. Since your society is two years old. First committee term is only for 1 year. After that each committee has term of 5 years. So you can not change the committee every year. if you want to change the committee every year then you have to take written permission from Dy. Registrar of C.S.

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  33. I am the chirman of the soceity and want to know a solution to my problem...The problem is that my team and myself had taken some decissions and carried out some work in soceity but there is a lady who is not the owner( but has a Power of attorney of her daughter who is the owner),tries to always pin point small and petty things in the work done and she clearly writes alligation mails to our Hon secretary and the other MC members.This acts demotivates everyone in the MC and they want to resign from the post.
    My Query is ,
    1. Can a POA holder ask about the accounts /expenses etc for the work done in the soceity ...(if yes /No kindly also help me with the cause in the by laws)
    2. What action as a chairman can I against her for the alligations put by her on the MC?

    ReplyDelete
    Replies
    1. First check that this power of attorney is duly stamp of Rs. 500 and registered with Office of Sub Registrar of Assurance. In POA is it written clearly that she has power to ask account,expenses ? If not then MC are not bound to give thouse detail OR reply to her mails. Most of case in POA it is written to sale ,purchase,give on leave andlicense base and making payment on his/her behalf and taking share certificate from society. So first you have to go through POA what power given to her. If POA is not duly stamp and register then you inform her that this is not registered POA so MC will not accept any communication from her. Her daughter are suppose to send written communication to society office.Second you can do is if her alligations are base less and MC not approved any work in AGM along with quot. Of the work with terms and condition then pass the resolution in AGM against flatholder and POA holder that they are not cooperative and making baseless alligations in each work.

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    2. Bye laws no 38 every doc. Must duly registered and stamp

      Delete
  34. HI, We have 32 flat society. and 2 flats at ground floor. which builder sold to local goon. we (Society) then approached to Pradhikaran. they asked builder to demolish the flats . he demolished internal walls but kept surrounding walls as it it. we don't have sufficient parking space ,some flat owners use shared parking which is not enough for two cars . we want to demolish entire structure (were flats earlier)to get more parking space. Does society own power to demolish it? if yes how should we proceed ?

    ReplyDelete
    Replies
    1. Society do not have power to demolish any structure /constructions. Only local municipal authority /pradhikaran has that power to do show. Society has to check first that is that two flats is as per approved plan . If not then give. Letter to local municipal authority to demolish the same by them and society is ready to pay the demolish charges to them.

      Delete
    2. Thanks for a lot for prompt reply.
      As per SC order builder can not build flats @ ground floor but he can use that as storage. that is why builder demolished only internal walls keeping them as storage. but we need that area as parking. Yes in approved plant it wasn't mentioned .
      can we still go to pradhikaran and asks them to demolish it.

      Delete
    3. Yes you have to go to pradhikaran since they have power and also skill worker for demolish the construction. Else it will back fire to society by both builder and pradhikaran saying that who give you authority to demolish this?

      Delete
    4. ok ..gr8 thanks a lot Visariya.

      Delete
  35. Can the Secretary of a Provisional Managing Committee resign from his post? (a) if yes then under what reasons can the Secretary resign.
    I'm the Secretary of a society, newly constituted in September 2013. I'm unable to handle the pressure from some members and the builder who is also a member of the society. None of the other members of the MC help me in any tasks and they expect everything has to be done by the secretary. I sincerely feel that I cannot continue and the pressure has possibly started affecting my health. Kindly reply, desperately seeking help.

    ReplyDelete
    Replies
    1. If you want to resign you can do so at any point of time. Reasons write actual reasons i.e. whatever you state above so other mamber can know that why you resign and can not think that you may misused the society fund.

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    2. Thanks for your reply and I appreciate your time.

      This is good news for me, so good that I kindly request you to please reconfirm it for me, since I was told by someone that the Secretary of a Provisional Managing Committee cannot resign till the elections are held and new committee is selected. I do not want to wait for that long. Kindly confirm.

      Delete
    3. Where this is written ? Go now and give you resign letter to chairman of society right now

      Delete
    4. Thanks again for your time. I really appreciate your help. I presented my resignation to the Chairman, but he threw another googly at me and said that if I resign as Secretary I will also have to resign as Provisional Managing Committee member since no other MC member is ready to become the Secretary and that he wont be able to accept my resignation since no replacement is available. He added that since a new Managing Committee member cannot be adopted till the elections are held I will have to carry on as the Secretary. I'm ready to resign from the Managing Committee. How do i reply to the Chairman? Kindly let me know.

      Delete
    5. If you want to resign only for secretary post then you are allowed to do so. And you can continue as mc member. In you case you can do as follow. Give resign copy to chairman and post the photo copy on society notice boad or in each wings so all member can know that you are now nolonger secretary. Send copy of your resign to dy. Registrar and bank by speed post. . In bank as Sec. Sign is must on every chq. So all transaction is stop automatic. This is prusure game you are building on MC to elect new Sec. But remember one thing after doing this you have to not sign any document and chq. As Sec. Of Society. So MC can elect new Sec. Else they do not elect.

      Delete
    6. Thank you sir, one last question. Does it matter how the letter is sent to Dy Registrar and bank? I mean do i use the official letter head or do i use ordinary blank paper?

      Delete
    7. On ordinary blank paper. What you do address you resign to chairman and after sign write cc to 1)Dy. Registerar C.S. of your area 2)Branch Manager of your bank. Make covering letter for Dy. Registerar C.S and Bank Manager that you are no longer sec. Of society also attached you resign letter copy given to chairman

      Delete
    8. Respected Visariyaji,

      I did exactly as you said but when I went to the Chairman to deliver the letter, he told me that there is a Government GR regarding Society elections which states that the status quo has to be maintained by all committees till elections are held in 2014. He said the GR is applicable to all irrespective of whether the period of committee had expired or not. (2) Chairman called Mumbai Co-operative Housing Federation in front of me, they did not confirm anything of the above but they said that AGM has now got to be called to produce accounts before resignation can be given.

      Is any of the above correct?

      Delete
    9. GR is their which state that govt. Will conduct election in Dec-2013. But now they extend till Dec-2014. But govt. Still not constitu state cooperative election commission since no IAS officer is ready to take charge of this. Co operative department also allow housing society to elect new MC but they do not allow this for bank,sugar mill,patpedhi.
      What if you go out of india for your job. OR suppose you death happen then what society will do.
      So send you resign to chairman,Dy. Registerar C.S and bank by speed post.it will do. For A/C you are in MC so you can help the auditor for any clearification if he/she need.

      Delete
  36. am a resident of a society in borivali. The society is in the process of redevelopment and the committee members have signed the redevelopment agreement. The present committee was formed without election in 2010. Further they have not signed the m-20 bond. Also they have appointed the developer without calling for tenders. The lease owner himself is appointed as the developer.The pmc of our society was appointed a year after appointing the developer in general body meeting. our society is not having conveyance. I have not given consent for redevelopment to the society. I want to file a case in co-operative court. What are my chances of winning? The name of our society appears nowhere in.the property card. I want to claim for the losses I suffered due to the irregularities and the insult and mental torture they have given to me.The mc members have not followed the gr dated 3rd jan 2009 but later on have manipulated the documents in accordance to the gr.

    ReplyDelete
  37. AS per information given by you your chances for wining is 100% . File RTI application to Dy. Registrar of C.S. AND ASK COPIES OF M-20 BOND submit in their office. If 03/01/2009 GR is not followed then I assume that they have not maid Video of Tender opening, AGM for redevelopment with Date and Time. Also Dy. Registrar is not present in that meeting. so just go through GR and find all the point. Most important point is Tender Notice in News paper.

    If Conveyance Deed is not done then after demolition of structure what right you have on land ? if land owner refuse to develop land then what you do ? So file case in Hon. Court ASAP

    ReplyDelete
    Replies
    1. Thank you so much sir for your valued reply. I found your guidance very informative and important in my case. I will definitely follow the steps that you have listed above. Please reply to my further queries like this only bcoz I will need them once i file a case in Co- operative court. Thank you

      Delete
  38. Dear Sir , I am the society secretary . its not possible for all members to attend meeting every time . can I give a survey short of letter to each member and get their ideas view and vote then pass the resolution based on that letter is this decision valuable?

    ReplyDelete
    Replies
    1. You have to call every month MC Meeting along with agenda of meeting. if strength is present then pass the resolution If MC Member is not present for 3 meeting continuously then remove that member from MC. Your idea is not as per law. if some one challenge this then this will backfire you.

      Delete
  39. Dear Sir, I am the society secretary and I am facing some of the basic challenges:
    1. If Managing Commit issuing some noting some of the members is not behaving properly and not adhere to that and arguing with MCM . If they continue behave like that, under which law we can give them notice and how to handle them legally?
    2. Out of 7 members only 3-4 members are active and rest MC Members are even not willing to attend the meeting.
    3. Managing Commit completed the 5 Years ( total 84 members ) and AGM is due in Sep, as come to know we didn’t have election permission till Dec 2014. If yes please assist with some document.
    Thanks in advance.

    ReplyDelete
  40. Dear Mr Visarya , can you please clarify if (a) chairman of the CHSltd can uses his casting vote to elect a. MC member when 2 members out of 4 have resigned including Secretary. (B) is it mandatory for the 2 resigned members to inform the Dy registrar ? (C) can the remaining 2 MC members including Chairperson co opt new mC members ? (D) do the chairperson have to inform Dy Register ? (e) can the new MC will be null and void if Dy Register does not approve of the 2 new members ?

    ReplyDelete
    Replies
    1. a] chairman can not use his casting vote to elect a MC Member
      b] yes it is mandatory to approve the resign of MC Members and inform the Dy. Registrar.
      c] In one F.Y. MC can adopt maximum 2 members as MC members if MC strength is not fullfill
      d] yes MC has to inform the Dy. Registrar regarding adoptions
      e] yes if Dy. Registrar can not approve then it is null & void

      Delete
  41. Dear Sir, As a treasurer i gave my letter of resignation on 1/5/14, but my resignation was received but not accepted, subsequently wrote to the chairman on 28/6 on the same...no action was taken. I refused to work as treasurer since 1/8 and all the activities are carried out by the secretary & chairman. In the latest MC meeting a treasure was appointed but my handover papers submitted in the same meeting were not accepted yet. Please suggest an action for the above.

    ReplyDelete
    Replies
    1. if you give resign on 28/6 and MC give you no reply in 30 days that means your resign is accepted. I wonder if you are not willing to do the work then why you continue till 1/8 ?

      Delete
  42. Dear Sir,

    I was elected to the MC in year 2010. In May 2011, the then elected Chairman was removed from post by passing a no confidence motion. I was then asked to take the post of Chairman. I worked for last 3 years since May 2011 but now I am unable to do so due to my own profession and I am also out of the city for 4 days a week. If my submit my resignation and the same is not accepted by the MC, what are my option? It is not possible for me to continue as a Chairman as my work stress and the stress of duties as a Chairman are putting a strain on my health. Please advise as to what are my options.

    ReplyDelete
    Replies
    1. You send your resign letter to Managing committee that you resign from post of chairman and not sign any document as chairman

      Delete
    2. Thank you. What if my resignation is not accepted by the MC?

      Delete
    3. Just do not sign any paper or cheque as a chairman.

      Delete
  43. Hi,

    recently i have been appointed as Chairman of the society, i needed your guidance/advice on following some of points:

    1) Builder has formed society & handedover to us even there are few building of which OC not issued by authority, one of building is still under consutruction (total 6 building in society)

    2) Can builder handover the society without obtaing the OC & possession of building?

    3) Can we return tthe society to builder since the building is not completed & 2 more buildings OC not obtained by builder?

    4) If no, What role of society/Chairman/MC has in this scenario?

    5) if yes, what is the procidure?

    6) What if builder not give possession or OC of the building?

    7) Whose role it would be to post society formation to obtain the OC?

    8) What if members who have not attended the AGM raised the concern of MC & asked MC members including comittee members to get the OC or disobey the decesion of MC/Comitee members?

    9) What leagal action can MC/CM take against builder or mebers of society who were not presence during meeting against MC members?


    Kindly revert at the earliest

    Regards

    Dipak

    ReplyDelete
  44. Builder can form the society without OC. It is builder responsibility to obtain OC. Now your society is formed and handover is done. So you have to file case against builder regarding not giving ALL original OC to society file Civil, criminal & consumer case against builder for OC and conveyance of land.

    ReplyDelete
  45. hello mr. visariya
    i m from mumbai maharastra. our housing society committee members(chairman and secretary also) resign him self just by informing all members through a circular. but till yet they din't resign officeally. and they stopped working for society (like accepting bills, changing nomination, transferring name). what to do in this case.how can we change name in nomination form before elect new committee.

    ReplyDelete
    Replies
    1. It is not legally correct to give committee resign just passing circular. you can inform the Dy. register of C.S. of your area give them one set of Nomination , give your maintenance cheque to their office they will call committee member and do the needful action as per MCS Act 1960. For maintenance cheque you can directly deposit in your city Mumbai District Central Co-operative Bank.

      Delete
    2. one more issue sir.
      my father has taken my grandmother's house property documents(share certificate'agreement).house property is on my grandmother's name. and now she is asking for papers as she wants to gift me.
      but my father is not giving those papers back to her nor he is allowing to gift them to me. whenever she asking for papers,my father ask her to go to court.
      is there any law that shows that my father can keep property papers even if he is association member. how can my grandmother get that papers back?
      local police can take action on it or my grandmother should go to court?
      kindly reply soon as possible.

      Delete
    3. I assume that your father is not joint purchaser of house property. base on this following step can done.

      1. your society have photo copy of your flat agreement & share certificate ask them to give one photo copy of both to you , Ask your grandmother to make application to society and pay the photo copy charges.
      2. After receiving this photo copy ask advocate to make gift deed make this gift deed register in Sub Registrar of Assurance office.
      3. To get back original document of share certificate & agreement file police complaint police will help your grandmother to get this documents.
      4. For safe side ask you grandmother to make WILL and get it register in the Sub Registrar of Assurance office to avoid future problem in your family.

      Delete
    4. sir,
      1> as u said i asked society committee to provide photo copy of share certificate and agreement. but they dint kept agreement copy of any flat.but i got share certificate and payment receipt of house property which is paid by my grandmother.
      2> my grandmother's name in share certificate but there are 2 sign in certificate(1st of my grandma and 2nd my father) associate member(my father) should sign in share certificate or property holder only can sign?
      3> my grandfather bought this house property on my grandmother's name before 48 years before(1966). so this property is not registered.
      so how can we get our document back?

      Delete
    5. my lawyer made a draft of police complaint but area police dint accept.
      they are saying that they cant help/do anything ,they saying to go to civil court.
      *local police should help/take action or they actually cant?

      Delete
    6. 1. With share certificate copy , payment receipt and if map of your property and take society NOC attached it to gift deed that can prove that property belong to your grand mother. Register this deed.
      2. No sign of share holder [flat owner /member ] supposed to come on share certificate. Only Chairman , secretary and one committee member sign on share certificate.
      3. This document is supposed to be registered. Since Indian registration act come in 1908. You can get the copy of this document from O/o IGR M.S. Pune, ground floor, New Admin Bldg., Opp. Council Hall, Pune 411001.

      I assume this document is registered in your Tehsildar office or your area court. Just check their.

      for getting photo copy of agreement give details of property like survey no., village , Taluk, Dist. , Pin code no. etc to above office so that it is easy for their search.

      4. send complaint letter one copy to local police station by register post and one copy by registered post to commissioner of police saying that local police station refuse to take this and as commissioner you should take necessary action.

      Delete
  46. if an MC committee without any personal benefit,Blindly listens to the secretary on regards of the Redevelopment of our building ,due to which some selfish motives have been found out, what action can be taken by the rest of the members?

    ReplyDelete
    Replies
    1. Inform the Dy. Registrar of C.S. of your area to take action against MC member u/s 73(1)(AB) OF MCS ACT 1960 Also for redevelopment of society you have to follow the circular issued by govt. dated 03/01/2009.

      Delete
  47. Our society chairman has sent his resignation letter to the secretary. What next steps should secretary take?

    ReplyDelete
    Replies
    1. Inform the Dy. Registrar of C.S. of your area and take his/her approval for electing new chairman

      Delete
  48. Sir where to file case against society going for redevelopment process without procedure dated 3rd january 2009 n m 20 bond signed by committee member n fraud committed by commiittee member

    ReplyDelete
    Replies
    1. 1. In Co-operative Court.
      2. In your Area Dy. Registrar of C.S.
      3. Write letter to local municipal authority not to give permission.

      Delete
  49. This comment has been removed by the author.

    ReplyDelete
  50. Sir, In our society, the committee was formed without election in 2010. Further they have not signed the m - 20 bond which we came to know through rti. Also they have not called the annual general body meeting for the year 2013 - 2014. So we wrote a letter to the deputy registrar. The deputy registrar has sent a letter to the society and has asked the mc members to meet him within 8 days or else the committee will be dissolved and an administrator will be appointed in the society. Now the secretary is frightening the society members saying that if the committee is dissolved than the society will have to pay 15000 rupees every month and is taking signatures of all members of the society on a letter praying not to dissolve the committee and is going to submit the letter to the deputy registrar. so what action will the deputy registrar take. Will he go as per the rules and regulations or by majority?

    ReplyDelete
    Replies
    1. How your secretary get this Rs. 15000/- figure ?
      Dy. Register has to follow the rules & regulations. if he/she not follow then file RTI Application and ask reason recorded for not to dissolved the committee as per MCS Act & Rule.

      Delete
    2. Thank you sir for your valued reply. The secretary is using any arbritary figure to scare the members and telling them that their maintenance will increase due to the administrator. Also he has misused the society funds.so after his disqualification, can we cover up all the the losses to the society from him?

      Delete
    3. You can cover this losses now also. Do following
      1. write letter to Dy. Registrar of C.S. of your area that following member want special government audit of society . Affixed Rs.5/- court fee stamp
      2. Take sign 2/3 member sign on this letter
      3. Pay Rs. 500/- challan fee in state bank of india. Ask Dy. registrar to give you challan

      Then auditor will inform misuse of fund and you can recover the amount.

      Delete
  51. Hello ,

    Our society has 2 gates ( Front & Back ). We have decided to keep locks for both gates & handover key to all members so they can in-out any time.

    However some of members (2 out of 35) is not ready to follow the rule & keep gate open & fighting with other members.

    If we keep gate open there is no security for childrens & senior citizans. Other people passes thru society which is not safer & secure.

    Can we take action against that 2 members & if yes what action we should take as per society law.

    ReplyDelete
    Replies
    1. My suggestion is that you can keep one gate close permanently and use one gate for move in move out .

      As per model bye-laws 2014 Bye-laws No. 165 maximum penalty is Rs. 5000/- in one F.Y.

      Delete
  52. In our society, chairman is 4th Std passed person. is it allowed as per bylaws?

    ReplyDelete
    Replies
    1. In bye-laws their is no education qualification given for any managing committee member

      Delete
  53. Our Treasurer has purchased a big & new flat after selling his old one in the same building and he is still holding the position until i complain to the chairman/secretary that once he sold his flat he should be resign from the post though he has purchased the flat in the same building he cannot be in the managing committe
    but the secretary refused and he has not removed him until other members also complain to him he removed him recently but till then he is to sign all the society cheques which i think he has done fraud by doing this
    Also let me know can the person again become treasurer in the next AGM

    ReplyDelete
    Replies
    1. Once person sold the flat he/she has to give resign form to transfer the flat to new owner as per form no 13. So once he give resign automatically resign from the treasurer post. Treasurer and secretary doing fraud

      Delete
    2. no person can not become treasurer in the next AGM

      Delete
  54. 2) Recently five/six months ago The Chairman/Secretary & The Treasurer reisgned from the post themselves and after one month they reappointed themselves giving reasons that some members want them to continue their post, i am surprised that how can they can just give one month time and resign on their own and reapoint again themselves without talking any society members meeting

    ReplyDelete
    Replies
    1. No they can not reappointed themselves. Complaint to Dy. Registrar of your area regarding 1. Treasurer 2. reappointment of C/S/T and ask them to conduct election in your society.

      Delete
  55. They are holding the post for two & half years and till date they are unable to get the accounts from the Builder and nor they have filled return nor the internal audit is done

    ReplyDelete
    Replies
    1. File the complaint to the Dy. Registrar and ask them to apply fine on C/S/T as per MCS Act 1960 [Amended in 2013.]

      Delete
  56. If there is cheating in terms of money done by treasurer can the chairman and secretary sell their flat .and are responsible and accountable for the same even if they were not involved in cheating by any means

    ReplyDelete
    Replies
    1. First you have to proved that cheating is done by one of the following way
      1] Through auditor i.e. in Audit report that some cheating is done.
      2] Ask Dy. Registrar to conduct inquiry by appointing inquiry officer give them necessary proof for inquiry.

      After it is proved cheating of money then ask Dy. Registrar to recover money from concern person.

      Delete
    2. Registrar has power to sale the house of concern person and recovered money

      Delete
  57. Dear Mr. Visariya, first of all I thank you for imparting us with the knowledge on CHS related issues. May I request you to give your advice on following?
    1. can ex committee member who faced no confidence motion in the past take up relevant position like treasurer in newly formed managing committee
    2. how to ensure he or she can be stopped to given such senior position based o his past record?

    look forward to hearing you.

    Thanks in advance

    ReplyDelete
    Replies
    1. Firstly now every committee election is conduct by state election commission. So when such person standing in election do not vote him/her.
      If he/she elected as MC member then It is between MC member who they want to elected as C/S/T i.e. Chairman/Secretary/Treasurer

      Delete
  58. Sir, we have passed a resolution in the AGM for shuffling/moving the cars out of the society after every three months to give other car owner to park their cars inside the society, but most of them against it. Can the resoluton be revoked.
    2) It was decided in the AGM to recover the amount from the vendor for installing the CCTV camera properly. But vendor has denied paying the cash back and he told the commmittee that he will provide the labour as and when there is a requirement for the camera. What should the committee do to explain the society members.

    ReplyDelete
  59. 1. resolution can change after 6 month of AGM date. you call again AGM and rectified the resolution.
    2. First you have to check the contract agreement condition. what is written for camera and installation not as per specification . For recovery you have to file case in Hon. Court

    ReplyDelete
  60. Dear Mr. Visariya,

    do you have any inputs on my query? this will really help?

    Best regards
    Kamlesh


    ReplyDelete
    Replies
    1. reply is given . please view above shilpa pai post

      Delete
  61. Sir, Good Evening. Need your advice. Ours is a society floated in 1979 and possession handed over in 1985. We have a total of 116 flats. The society is thinking in terms of redevelopment . However for the mandatory presence of 75%, we have a situation on our hands.
    Most of us are now retired. Some are permanently settled out of Mumbai and some are abroad with their children. Over 20 flats are on rent.
    Sir, can the absentees who are abroad, send duly signed documents by the Consulate Officer from the respective Indian Consulates, authorising their " Yes ", for the redevelopment proposal ? Also, those who are permanently settled out of Mumbai and cannot come to Mumbai, due to health reasons, can such members duly authorise a fellow society member to vote on their behalf ? Or, can they also send in a duly Notarised document asserting the same , so that the process can move forward ? Kindly advice. With regards,
    Bharat C. Bhandare.

    ReplyDelete
    Replies
    1. Sir, For redevelopment you have to follow all process as per GR issued by Govt. of Maharashtra dated 03/01/2009.
      In this GR all process is very clear.
      For voting My suggestion is take permission from Dy. Registrar C.S. to take video conference voting for those who is not living in society or Mumbai since as per GR you have to do video shooting so do some more expense.

      Delete
  62. This comment has been removed by the author.

    ReplyDelete
  63. Sir, I have some question, it will take your valuable time, So first of all Sorry for disturbing, you. & thanks in advance for reading my post.

    If possible, then please reply on my personal Email, as i am not checking this post or any other searching posts. My email id: porwal.ravichem@gmail.com , porwal_ravichem@rediffmail.com

    Builder handover the scty to us on Dec 2012 and the regn dt 20/07/2012

    One flat was transferred in Jan, 2013. As the purchaser & seller were approaching to builder for transfer & ready to pay the amount to builder. Then they came to me as, it was already became scty, I accepted the same, they paid us the transfer fees, by blank cheque, as that time, the amount of transfer was not fixed. as agreed. they require Loan, So I handover the bank document by signing.

    After few days, one Comm Member taken objection & he informed to all other members also. But Secretary was with me. He said, nothing has been done wrongly. Members, said, we have to take NOC from Builder for the same. we can not sign bank documents for loan etc etc

    In this situation, Am I right or wrong ? Pls reply

    Now I left the post even others Comm membs also, except Treasure & 2 old Members are in new Committee.

    Now, again that one guy Old comm Members taking objection & disturbing me for other a/c related matters.

    The treasurer is in new committee with that old member.

    According to him, the treasurer have done some Ghotala in a/c. so according to him, its my duty & responsibility to reply. I said, I was not handling a/c, even I don’t know ABC of a/c. so you approach direct to her. Now he started sending notice to me with copy to Registrar.

    We hand over the scty documents on July, 2014 to new committee with last years audit. But while going through a/c, by New Committee, they found some Ghotal in a/c, which was done by Treasurer.. Bcoz all a/;c related documents were with Ex treasurer as she is member of New Comm member & she handover the documents in Sept, 2014 by adjusting all her a/cs. Now she & that old comm member have some quarrel in new committee, & she is not replying him & hence he is sending notice to me as I was ex chairman

    In this case, what I should do ? Pls suggest

    Tnxs Manoj Jain (bhaynadar west) Mumbai 09821288816

    ReplyDelete
    Replies
    1. For transfer of flat & signing loan NOC you are right. After formation of society builder NOC not required.

      For so call " GHOTALA " It is Joint responsibility of entire managing committee members.I assume that their is written Handover paper work done from old committee to new committee. I assume that this GHOTALA is done from April-14 to July 14 period. since as you said you have handover with last year audit. If auditor has not find any GHOTALA then their is no GHOTALA. If new committee find some GHOTALA in audited A/C then file case against auditor also. If new Treasurer has not taken handover from Old Treasurer then its totally new Treasurer responsibility.

      You just inform the registrar that old committee has handover the all document in july14 and if any GHOTALA is done then it is Secretary &Treasurer is first responsible then all other committee members.

      Delete
    2. Thanks Visariya Ji. I am happy with your reply. I am tension free now. To best of my knowledge, i have not done anything wrong during my post.

      Yes we have given all the papers to New committee with written paper work only by our Ex secretary ,as i was absent on that day. Yes all the adjustment is done between april 2014 to July 2014.

      The new treasurer & committee members were insisting for handover the books, but the ex treasurer was giving excuses. As she is member of new committee, in each their internal meeting, they were reminding her for books of a/c. She handover the books in sept/oct 2014, After that they checked, they find some bills whose payment done without signature of Chairman & Secretary , even no sign of receivers on voucher also. All these bills are of Water Tankers. We use to call tankers on every alternate ay, but she prepared the bills & vouchers on each day. According to New Committee, she made duplicate bill book of Water suppliers & taken sign of old watchman (now he also left since last 8 months)

      Thanks

      Delete
  64. what is the process of transfer of flat ? in how many days, or after how many months, the new member can put his or her name plat in society. If they have paid all the Transfer fess & submitted all the transfer documents.

    ReplyDelete
    Replies
    1. First old member has to give his resign notice which will approved after 3 month. Old member has to hold share certificate at least 1 year. After approval of AGM transfer can be done.

      Delete
  65. In bank, whose signature is compulsory ? Its secretary or chairman ?

    ReplyDelete
    Replies
    1. Thanks Visariya Ji. But somewhere i read that the compulsory sign is of Chairman only. Though during my time, I have told Secretary for compulsory sign along with Treasurer & same was done. So here also, i am tension free. thanks again

      Delete
    2. Chairman (He/She) is one of the signatory for Bank operation out of Joint Authority. Hence i get confused.

      Delete
  66. When I was chairman, i was handling Scty as per Bye Laws for maintenece Bill. & not as pr square feet. Now a days in our Bhayanadar, 95% societies are charging the bill as per sq ft only & not as pr bye laws. If we have 1000 sq ft then @2 /s.f it comes 2000/- & if any one having 1350 sq ft flat, then they have to pay 2700/-. But my time, we had a common expenses for Watchman, Water line (all flats have same), Lift, sweeper, elcetric bill of scty passeges. total expenses divided by all flats.Now new committee are deciding to go as per sq ft .. We have 16 flats of 3 bed that is 1350 area & 56 are of 1050 sq ft area (2 bed). What to do ? Can they charge as per sq ft ? they are taking signature from each flat for this proposal. Naturally 56 are of 2 bed, hence majority will be that favour only.? Pls suggest in this matter ?

    ReplyDelete
    Replies
    1. Maintenance bill should be as per bye-laws. not per sq. ft. If committee do anything against bye-laws you can file complaint against them in Dy. Registrar of C.S. office. & Co-operative Court and take order to rectified the wrong decision.

      Delete
    2. Thanks Visariya Ji. I am happy with your reply. I am tension free now. To best of my knowledge, i have not done anything wrong during my post. Till today, i am explaining them, do as per Bye Laws only & not as per sq ft. But not ready to listen. Thanks Once again

      Delete
  67. The chair person of the committee plans to sell her flat. At point should she resign from her post and committee?

    ReplyDelete
    Replies
    1. No. she will be automatically removed from chair person & committee member once she sign transfer set and submit it along with copy of sale agreement photocopy to transfer share certificate

      Delete
  68. Sir need your technical input and advice. We are a society of 116 members and in existence for 29 years. We have given a requisition for redevelopment on the 08th, February 2015.
    We want to give maximum co-operation to the MC. However, still we want to know haw much of time the MC can take before calling for the first meeting regarding the discussion of redevelopment and the appointment of the PMC.
    Sir, please keep in mind that approximately 15 to 20 members are living abroad or in other Indian cities, as we are mostly all Retirees.
    For the first meeting regarding the discussion of redevelopment and the appointment of the PMC, is it mandatory of 75% attendance physically ?
    Can we have signed document from outstation members and how important is the quorum ? Kindly advise on all the issues please Sir .
    Thanking you in advance. with regards,
    Bharat C. Bhandare.

    ReplyDelete
  69. First 25% of owner has to give notice to secretary of the society to call special AGM regarding redevelopment. After receiving this notice secretary has to call Managing committee meeting with in 8 days and decide the special AGM date and call the SAGM with in 1 month after receiving the notice. For SAGM 14 days clear notice given to each member and take sign that member received the notice of SAGM.
    Committee has to get minimum 5 quotation from panel of architect who is register with your local municipal authority regarding PMC amount

    3/4 member out of total member of society has to physically present in the SAGM it is minimum quorum. Else meeting agenda will not stand in court if some one challenge the same. Also video recording of all meeting [first meeting to last meeting] regarding redevelopment

    ReplyDelete
  70. Hello,

    This post is to seek appropriate advice to a case that has been alleged against my Father as 'Misappropriation of Society's Funds'. Our family has been residing in the Society since 1982. Since the beginning, he has always held some post in the committee - mainly and most recently that of the Chairman. Due to persons like Sec. or Treasurer not performing their duties correctly all these burdens like accounts of the society and submission of periodic statements, creation of bills, etc. would fall on him. Since the past four years new members have come into the society and randomly have been constantly claiming some sort of issues in the societies funds. Since their arrival they have not even paid their own dues and have piled up large outstandings against their names.

    Last year they insisted that my Father and the then Sec. Treasurer and other committee members step down and they hold fresh elections for committee members. As a result of strong arm tactics and basically shying away of all other members from such responsibilities, the two miscreants have been appointed to the posts of Sec. & CM.

    Today we recvd a letter from them stating issues that:

    All these years the annual audits of society's accounts were not done. And only in last 2 years an Accountant was appointed who has prepared balance sheets and accounts since 2000-2014. The society has paid Rs. 25000 for the processing of these accounts, which they say, is too much. Can they bring up such an issue after all these years? Also if we have bank statements and Tally records to match, will their claims still hold ground?

    Last year the Society was in need of repairs. This resolution was passed at the AGM. When the contractor was appointed and a notice was circulated that the building work would begin, some people complained because it was only one days notice. The next day contractor came and put up the scaffolding and some workers began work. This guy (current Chairman) then comes and threatens them. Because of which they dismantle all the scaffolding and hand us a bill of Rs. 1 lakh. This was paid using Society's funds. They are now accusing us of cheating and misinformation and not taking the advice of all members before doing so.

    Thirdly, they sent a legal notice addressed to then Sec. (a neighbour) & Chairman (my Father) accusing them of cheat and fraud and mismanagement of Society's accounts. This letter was taken to a lawyer who then filed a counterclaim (which was sent to Registrar - acknowledged copy) stating all the accusations were false and without proof. This reply has also been signed and acknowledged by many members of the society. Since the letter was addressed to members of the MC, the lawyers fees were paid using society's funds. Is this not the correct thing to do?

    Keeping all of the above in mind, in addition to the few points stated above, I would like to know:

    What is the proof needed for such a claim to be made and who can make such a claim?
    What is the status and law on providing NOC for sale of flat to current owner for processing agreement papers?
    Considering all documents have been handed over several times at the request of the concerned parties for scrutiny, is it permitted for them now - that we are looking to sell the flat - to raise this kind of issue and stall our processes.
    What is the stand that we must take when approached with such accusations?
    What is the case that can be levied back at these miscreants on grounds of (mental) harassment, character assassination and false accusations?
    If they may have destroyed or tarnished evidence to support their claim is there anything that can be done to rectify it? Assuming we also have past annual account statements of the society on record.

    Your timely and professional advice here would be highly appreciated as this matter is causing an emotional strain to my Father and also tension in the whole family.

    ReplyDelete
    Replies
    1. A further note:

      For financial and health concerns and also to avoid encountering these tyrants who have attempted to tarnish his pristine and very honourable reputation ,my Father now wishes to move out of the society. Over the last few months potential buyers have approached us and now we have found an interested buyer who has already paid a token.

      When we approached the Committee members for NOC for Sale of Flat, they have been stalling saying we have some points to discuss with the MC. Today they sent us that letter.

      * As a note, when they learnt that our flat was up for sale they put a notice saying any persons interested in purchasing 'Specifically our flat #' must meet with Sec. & CM before going ahead with any procedures. Also the Chairman himself made a note to one of our neighbours saying that he would be interested in the purchase. Both these people have been heavily propagating and persuading other members to opt for redevelopment of the society and are hoping to push their own developers and make a quick-big-buck here.

      The brokers involved in the transaction have mentioned that on account of the buyers seeking a bank loan, the NOC is a must and no one can proceed without that. They also stated that any issue taken to the registrar will not take less than a year for resolution (as most legal cases do).

      Due to this obvious harassment on the part of these miscreants, the buyers are already apprehensive and now giving US an ultimatum for the NOC or else they back out of the deal. Considering we had to find two buyers for our two small (1RK) flats in order to make up the money to buy a larger flat (for which we also need a big loan over and above our receipts), this process is so disheartening. Hard to see my Parents (who are both Senior Citizens) go through this at this stage of their lives for no crime of theirs. Desperately seeking a light at the end of this dark tiresome tunnel.

      Delete
    2. Firstly you can not take election on your own. Election has to conduct by state co-operative election commission.

      Audit of society has to done every year. Accounting fees as approved by AGM. Audit fees upto last year i.e. 31/03/2014 was Rs. 36/- per members.

      You can not pay Rs. 1 lakh to contractor with doing any work . scaffolding rant is Rs. 3/- per day so how Rs. 1 lakh amount come I am not understand.

      If letter send to Managing committee i.e. by their post like chairman, secretary etc than Society Advocate should reply that letter and fees should be paid from society fund. If letter send to individual person than that person has to pay advocate fees.

      Owner of flat can make claim

      As per model bye-laws 2001 ,2009 & 2013 no NOC is required form society for sale of your flat.


      Delete
  71. Nwed your contaxt no want to meey you for penal asvocate od society. .... we have been facing one of defaulter member who alligation to sec and chairaman. Some time she park car in middle road od society pasage......

    ReplyDelete
  72. I am staying at Mira Road. We have been facing some issue on society and one of member who ia defaulter and create nucience on society by making parking of car at no parokibg are od society. She had made complaint against ex secretary also for parking related issue. ...Existing Chairman and Secretary are not elected members due to ele. Process was stopped in 2013. HOWEVER managing committee are selected as a both post.These 2 members are elected members on 2010 out of managing committee. Both are appointed due to eleceted chairman had sold his flate and appoint to another by forming new committee with these 2 elected members.... kindly advice that whether existing committee are valid or not as they didnt inform to registrar and saying that it's not required to inform. ...?!!!

    What action to be taken on default members it is possible to file 101 and 91 due to defaulter and create nucience in society to other members. ...by existing committee?

    Do we sign as a society members signed in minute boon to take action of this members. ....101 and 91 ie member ship cancellation ay process n t.. please help on it..

    ReplyDelete
    Replies
    1. you have to inform the registrar if any change in the managing committee either member change or post change. How your auditor also not point this in audit report

      For default member file 101 case in Dy. registrar C.S. office & for nucience file 91 in co-operative court

      RESOLUTION HAS TO PASS IN MANAGING COMMITTEE MEETING FOR 101 & 91 CASE

      Delete
  73. Sir, since in our society, the agm was not called till date, I had complained to the deputy registrar for the same. The deputy registrar after correspondence with the committee members issued them a show cause notice under section 75 of mcs act for not calling agm before 30th September. But even after the the committee has called agm on 24th march for the year 2013-2014.what can be done in this case.

    ReplyDelete
    Replies
    1. Ask Dy. registrar to fine committee member penalty as per MCS Act

      Delete
  74. In our society chairman and sec have jointly resigned frpm the post and give resignation to treasurer. In committee only treasurer and pne of member are eleceted menderes in 2010. Resigned sec and chairman are not elected memberes through election. They were appointed by managing committee.

    Now treasurer has called SGM to invite new memberes till election not completed....Now ew committee will decide chairman and sec for temporary period to carry society till election. ..

    We shall also inform to registrar to conduct election in society soon till time existing committee will continie society as both chairman and sec are not ready to banking txrn too.

    kindly suggest legal process and forming of committee as above valod or not.

    ReplyDelete
  75. you have to inform Dy. Registrar of C.S. to conduct election ASAP. till that time C/S/T has to continue. Please go through my blog i have post Co-operative commissioner CIRCULAR for the same.

    ReplyDelete
  76. I have posted few points on 15/2/15, & i got reply from you. Thanks To continue those points, i have gone through all the papers & i wish to continue as Under.

    The a/c of the society was audited for last year. In audited a/c i found that, there are some tanker bills, which were duplicate, and myself as a chairman , my secretary & treasurer approved that voucher. According to new committee, duplicate tanker bill book was printed and treasurer added many bills along with original bill. Its same to same, if go very deeply, then we can judge the original & duplicate bill. Only font are slightly bigger in duplicate bill. Now, what Should I do ? I never ordered for tankers, never paid to tanker wala. Even never signed the cheque or never signed on voucher, When it was sent to auditor, auditor requested us that there should be atleast two signs on vouchers, One was already of treasurer. So in some bills i signed & in some secretary signed. & given to auditor. We checked the bill, seen watchman's receive signature, then on voucher we signed,

    New committee called SGM on 14.03.2015, Informed to all the scty members reg this tanker matter. They found Treasurer as culprit. But treasurer is not eady to accept the same. She says, all has been done by watchman, may be watchman given duplicate bill, She says, watchman given bill & accordingly she had paid.

    Now New committee is going to file the case with Police. I said, it should be done with Registrar . But they says its Police case. Is it right step by new committee ?

    We all know, that the watchman is innocent & treasurer may have done this. The watchman already left the job, he left the job in August 2014. Now if they file the case, Police will harass the watchman.

    even we all have recording of watchman, that treasurer have taken blank sign on voucher. etc etc

    Now what is my role in this ? They are saying the case will be made against all major post like CM, Sect & Treas. & not against other comm Members.

    there are 2 members who were also part of old committee. & one of them have raised this matter. So he wants himself in safer side, So he is insisting that case should be against Main post holder. Also he is selling his flat in april & shifting to Gujarat.

    even he said that No one should get any type of NOC from scty & no one can sell their flat or scty won't tansfer their flat, if they sale, except himself. Is it possible ?

    ReplyDelete
    Replies
    1. Yes file case against all MC member and Watchman. Since decision is taken jointly by all committee member. You can not file case only on C/S/T. Society can inform the police that as per society investigation main culprit is Treasurer.

      No NOC should be issued to old committee member whatsoever in nature . Copy of FIR is given to all Sub Registrar of Assurance office of your area so that the person who want to sell his property can not sale

      Delete
    2. Today Our present Chairman & Secretary mate me ( i am ex chairman), they informed me that they are going to issue a legal Notice to CST,regarding excess water tanker, excess payment made of 80000/- Ghotala Done by ex Treasurer in my term.

      Their lawyer says notice can not be sent to all MCs, it will be sent to CST only, the main chair persons (signing authorities) , & the amount 80,000/-will be distributed amongst CST in our Maintenance bill

      Is it right step ? If yes, then what should I do ? I am innocent in this case,I have not done anything wrong or any Ghotala. But it was i my period.

      Its like, Ghotala done by others & amount has to be paid by innocents ?

      Pls given me best advice for my defence

      Delete
    3. this advocate has zero knowledge of co-operative society. "The Members of the committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the society. Members of the committee shall be jointly and severally responsible for all acts and omissions detrimental to the interest of the society " this is as per Sec 73(1AB) of MCS Act 1960

      Delete
  77. what is procedure of co option upon vacancy.

    ReplyDelete
    Replies
    1. Now as per Maharashtra State co-operative societies election rule 2014 their is no co option is available.

      Delete
  78. I want to know whether a member can stand for the New managing committee, if he had earlier resigned from the committee twice within a short span of time i.e. 3 months and 6 months.

    ReplyDelete
    Replies
    1. yes. Their is no such restriction in Maharashtra State co-operative societies election rule 2014

      Delete
  79. 1) Can a proxy and associate member vote in a managing committee election. 2) Can a mananging committee formed without 2 females in a committee of 11 members

    ReplyDelete
    Replies
    1. 1) Person whose name in Final voter list can become candidate in MC election. Person whose name in Final voter list can vote in MC election.
      2) If 2 woman candidate has not fill the nomination for MC election then MC can formed and woman seat remain empty

      Delete
  80. 1) if the letter issued to any society member by the society lawyer, are they elgible to stand in the managing committee election.
    2) If the letter issued to police station against one member for misbehaving in of the SGM, is he eligible to stand in the Managing committee meeting

    ReplyDelete
  81. 1. No.
    2. Depending upon IPC section imposed on member. Also depend upon Election Returning Officer decision.

    ReplyDelete
  82. Hi,

    If the old secretary resigns, can a 'coopted" member be selected by the Committee as new Secretary?

    also, one more if you may pls, whenever a new Secretary is appointed by the MC, what is the process for appointment, communication to the ALL members. Is the appointment, of the new Secretary, required to be ratified by the general body?

    ReplyDelete
    Replies
    1. please visit this link :- http://housingsocietymaharashtra.blogspot.in/2015/05/casual-vacancies-in-managing-committee.html

      you will get your answer

      Delete
  83. This comment has been removed by the author.

    ReplyDelete
  84. Hello sir, good afternoon!
    I wanted to know as to how to take action against my building's chairman because he holds aprrox. 500-600 sq. Ft. Area which is illegal. For eg. He has build a private garden of aprrox. 200 sq.ft which is not BMC approved. Additionally he was alloted a private garage by the builder of approx. 200-300 sq.ft area which he has covered and converted into a kitchen and now he is parking his cars in the society's premises . Is he allowed to park his car in the society's permises when he was alloted a private parking garage by the builder which he has converted into a kitchen?
    Can you please tell us how to deal with him?

    ReplyDelete
    Replies
    1. It is not allowed to park his car in society premises when he was allotted garage.

      You can write BMC stating that chairman of your society have flat no __ has done alternation in garage and construct construction illegally without BMC approval so kindly take action U/S 154.

      You can also send complaint letter to Dy. Registrar C.S. of your area stating that chairman of society has misuse of his post and done construction legally

      You can write to collector of stamp of your district stating that owner of flat No ____ has paid less stamp duty on Area since his actual area is ____ and in agreement builder and owner show less area.

      Delete
  85. i have a flat on my name from past few years &was ready for redevelopment.the developer did not give a lot of clarifications to me and i objected to one particular developer,as he did not comply to various things,...one of them was 20%Bank guarantee.can only 1 person have the right to object,whereelse,there is 99%Majority in a Co-op.housing Society?

    Last Log In : 24 April 2015

    ReplyDelete
    Replies
    1. No one person can not object redevelopment. You have to go to Hon. Court and take stay on this redevelopment

      Delete
  86. there are certain advice i need...1)i have not entered into any agreement with the society or developer.can they force me for the redevelopment due to 99%majority?2)what are the steps after the developer gets an I.O.D?what does he need to do ,to make evryone vaccate?3)i do not stay in my flat most of the time,but i do visit and occupy my flat at times ,only for few hours.i have not handed him the keys of my flat at all,nor have i taken any cash from him till date.
    4)he had come for a discussion earlier with some offer,which,i had refused.can he pressurise me,as im alone?
    5)he had started demolition with doors and windows ,without telling me.there was tonnes of rubble and i couldnt easily walk thru it.can he Do such an act,legally speaking!6)should i tell any particular authorities and complaint or should i file a Court case,or get a stay?i have filed an F.I,R, recently and was told that He will get chargesheeted 7)i have informed BMC ,my ward and also written to the assistant engineer at building proposal depatment@BMC,of my area!where else can i complaint ?8)should i file any kind of case against the society,or the managing commitee or the developer,or all of them,and in which courts?pls.guide me in detail with the addressses of where to file and what to file?9)what are my rights and what make my case strong?10)has the builder or society have any strong points in my above case?developer has got an I.O.D.from BMCfew months back.11)does anyone need to intimate me,or send me a notice before starting demolition?12)Can i file charges for harm to my property,as surrounding slabs,doors and windows are being demolished?13)CAN BMC grant permission to demolish the building,without my knowledge? 14)what further steps should i take to safeguard my flat?15)what is the punishment to developer,and society committee and BMC,if any?16)what is your opinion about my case-will i be able to get my rights and how soon? Thanking You!

    ReplyDelete
    Replies
    1. File case against society and developer that they have demolish your house with out your permission

      Delete
  87. Good news from government
    Maharashtra Stamp Act Amendment bill 20/2015 comes into force from 24-04-2015.
    No stamp duty required for registration of Gift Deed between blood relatives

    ReplyDelete
  88. Sir, A new committee was elected in our society,
    The Chairman on Health grounds has tendered his resignation to the Secretary.
    Please let me know what is the procedure of electing a new Chairman. We have a 11 member committee and is it possible to have a new member elected from other members of the society.

    ReplyDelete
    Replies
    1. please visit this link :- http://housingsocietymaharashtra.blogspot.in/2015/05/casual-vacancies-in-managing-committee.html

      you will get your answer

      Delete
  89. can I get all true copy of Society Documents from chairman as he is not giving this to MC too.

    ReplyDelete
    Replies
    1. waiting for your feedback sir.....

      Delete
    2. yes. File complaint against Chairman in local police station and Dy. Registrar of C.S. of your area that chairman is not giving you documents related to society.

      Delete
  90. We are under confusion over Deem convince and full convince from Developer. we are 25 years old building with Housing soc for last 20 years , but we do not have convince and our MC say we need pay huge amount to OLD developer to get the same and it only way that we need to hand over our building to a big developer to get convince for our soc and we need to hand over our building to him for new structure . is any other way we can get the same without new developer

    ReplyDelete
    Replies
    1. You have to go to deem conveyance deed. MC is misguiding you. May be they have some special deal with developer so they are saying this.

      Delete
  91. in which by law of Hsg. society I can ask true copy of all Documents of our Building Lands and agreements

    ReplyDelete
  92. Very Urgent. ......... Sir, When i was chairman, our committee has prepared the Share Certificate for the society with the help of one Lawyer for the Certificate drafting. During our AGM, we have handover ed all the share certificates to new committee for distrusting purpose I have signed, Secretary have signed & few MC signed on those certificates. We didn't issue the SC to any members in our period bcoz in last 7-10 days we have recd from the printer. We filled all the details, signed it & given to new committee. Now, New committee cancelled our prepared SC & issued new SC to all the members with their sign ? Someone asked why you have given new SC & what about old SC ? They replied that there were some mistakes in those SC, hence printed new & signed. To best of my knowledge its only revenge purpose & sign on SC,.. Sign on SC is one type of record. NOw my question is, can they do this ? And if there is some mistake in old SC, then should call a general meeting & inform all the members Regd this mistake & get the approval for new SC preparation or they can do the same in their internal Committee meeting. If they are wrong, then what step should I can take ? I have not recd the new SC, so i don't know what is the mistake. I too know that, they must have added a line, so that they can show to all the members that this is the mistake. But we have prepared with the lawyer advise, so i don't think, there will be any mistake. Pls advice.

    ReplyDelete
    Replies
    1. They have to call AGM and get it approved from AGM and then print the new share certificate. They can not do in their internal committee meeting. You along with other member pass the No Confidence against this new MC

      Delete
    2. THanks. If we pass the No confidence against new MC, then can we stop issuing new SC & start issuing old SC prepared by Us. They are ready to pay Printing cost. they only wanted their signature on Share Certificates (SC), hence printed new SC. They have some egos. They take the benefits o the same, as we have not distributed a single SC to any members. On good faith, we had handovered the SC prepared by us for distribution & they printed New one & issued to many members. We want to teach them lesson.

      Delete
  93. I just checked the new & old certificates. They have added single line in address column. Hissa No, survey no. . They may have prepared one line rubber stamp & affix on old SC .

    ReplyDelete
  94. Sorry sir, yesterday night i check both the certificate, there is no difference. Only Hissa No 1 to 7 (P) is printed instead of Hissa No 1 to 7 (Pt). When other member asked then they said, there is no mistake in printing but while writing owner;s name old committee have overwrite the name , hence they have to print new SC. But again that person argued, there are many blank SC also, if so, you can cancel that particular SC & issue new one to that person. For that they didn't reply. If this way if its allowed, then in future, when new committee will be formed, they will also do like this & form Prestige Issue, they to prepare New SC. Now, for this what can I do now ? I want to teach lesson, so that in future no one can do like this. Its not the question of 5000/- - 6000/- reprint charges.But they ignore the value of old committee & shown their importancy.

    ReplyDelete
    Replies
    1. pass the No Confidence against this new MC and ask the printing cost along with 21% interest till they pay the amount

      Delete
  95. Dear Sir
    Our Building developer company is now in strike off status , can he is in condition to give us convenience of our society land as he is still not given same for last 25 years and as we are asking the same he is asking for huge amount for the same.\

    ReplyDelete
    Replies
    1. go for deemed conveyance deed if builder is not giving you conveyance deed

      Delete
  96. Today New committee distributed letter indicating that C/S/T has to pay the amount of Rs 80000/- & other committee members are innocent. As per their legal adviser,Only three chair persons - signing authority has to pay. & also informed that new committee has full right to print the new share certificate as old share certificates were not distributed. Also maximum they will pay printing charges, if all society members demand for the same, Due to prestige & ego issue, they are ready to pay the printing charges but not ready to issue ols share certificates.

    ReplyDelete
    Replies
    1. Who is the legal Adviser who give such baseless advice. Adviser not know that in bye-laws "The Members of the committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the society. Members of the committee shall be jointly and severally responsible for all acts and omissions detrimental to the interest of the society " this is as per Sec 73(1AB) of MCS Act 1960 and also clearly written in new model bye-law 2014.

      Delete
    2. Also auditor has to find out the the person who had done the Ghotala . Then Dy. registrar of C.S. has to given the order to recover the amount from that person. Then committee / authorised officer can recover the amount from that member. I think legal advisor has no knowledge of co-operative law. He/she just take money and give advise as your new committee want. You can also file case against this advocate for misguiding society

      Delete
    3. New committee circulated a letter to all 72 flats. That C/S/T has to pay 80,000/- equally & they have issued a Legal Lawyer notice to us for this payment.
      Now, they have put the letter to our Society Notice board also. Circulated to 72 flats, & affix on Scty Notice board (both wing), so that any known person, who come to us can read the notice, They made us culprit for 80,000/-
      Now I want to file Defamation Case (Maan Haani) on these people. Can I ? for this. Without proving they put on notice board & circulated to all the flats.
      So in this connection, I want your advise. Hence asking for your nos/email ids. What will be expense for such defamation case.

      Delete
  97. Dear Sir

    Pls advise me for below

    When i was chairman (New society), during my period of 18 months, I had prepared the Share Certificates. (with the help of an auditor) . Filled the Certificates & kept with us

    Due to some circumstances, we were unable to distribute the same to members. Then a new committee formed. We handovered all the share certificate to New committee for distribution.

    In our Audit report this is mentioned that share certificates were prepared by this commiitee

    When members were asking for Share certificates, they were giving excuses for first six months, After that, they have printed New SC & started issuing the same

    When some members asked, why signature of new committee is on this certificates, as it was prepared by all committee.

    They said that since there were some misprint hence printed new SC

    Then I checked the new & old SC, but there is not a single line mistake, they also printed same as it was by me

    Then started giving excuses that in some SC, old committee overwrite the names, hence changed the SC. Then one other members said there are some blank SC, then you should prepared that one, for such small mistake, why new SC printed

    There is no answer from them. They said, we will pay the printing charges.

    Its not the question of printing charges. Its prestige issue, there is no value of old comm members who worked hard.

    Can any action can be taken on such matter. If so then pls advise

    Thanks & regard

    Manoj jain
    09821288816

    ReplyDelete
    Replies
    1. pass the No Confidence against this new MC and ask the printing cost along with 21% interest till they pay the amount

      Delete
    2. THanks. If we pass the No confidence against new MC, then can we stop issuing new SC & start issuing old SC prepared by Us. They are ready to pay Printing cost. they only wanted their signature on Share Certificates (SC), hence printed new SC. They have some egos. They take the benefits o the same, as we have not distributed a single SC to any members. On good faith, we had handovered the SC prepared by us for distribution & they printed New one & issued to many members. We want to teach them lesson.

      Delete
    3. you can pass no confidence along with following two agenda
      1. issue old share certificate which your committee has sign
      2. Add printing cost , other expense like travelling cost etc which is done for this new share certificate all this cost will be recover from this new committee member and this amount will be added in their monthly maintenance bill also this amount is eligible for late payment interest(as per your society).

      after passing this you can do

      Delete
  98. Sir, if you don't have any problem, then, please forward me your cell no, email id & landline no. so that we can contact you directly. (my cell no 09821288816) & my email id is (porwal.ravichem@gmail.com). Thanks............ Manoj jain

    ReplyDelete
    Replies
    1. Ut is already on the first page of blog.

      email id :- visariya007@gmail.com
      mob. no. 9769256069

      Delete