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.

94 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.


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  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

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  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
  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