Monday, 25 March 2013

New Bye-Laws for Co-operative Housing Society in Maharashtra Some Key Point with Bye-Laws No.


New Bye-Laws for Co-operative Housing Society in Maharashtra Some Key Point with Bye-Laws No.  
Bye-laws & Promoter…
3. (ii)      Bye-laws' means bye-laws consistent with Act and registered under this Act for the time being in force and includes registered amendments of such bye-laws.
(xiii) "Promoter Builder" means a person and includes a partnership firm or a body or association of person, [whether registered or not] who constructs or causes to be constructed a block or building of flats [or apartments] for the purpose of selling some or all of them to other persons, or to a company, Co-operative Society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both
Professional Management…
3 (xxix)                 ‘Authorized Person’ means a person duly authorized to take action under the provisions of this Act.
(xxx)      ‘State Co-operative Election Authority’ means an authority constituted or nominated by the State Government for the purposes of superintendence, direction, and control of the preparation of the electoral roll for and conduct of the elections of committee of a society or such class of societies as may be notated.
(xxxi)     ‘Expert director’ means and includes a person having experience in the field of Housing and the field relating to the objects and activities undertaken by the society.
(xxxii)    ‘Functional director’ means and includes a Chief Executive Officer or Manager or by whatever designation called, nominated by a committee and who is available for whole time to look after the working of the society and discharge the duties and functions as may be assigned to him by the committee.
(xxxiii)   ‘Officer’ means a person elected or appointed by a society to any office of such society and includes any office bearer such as a chairman, vice-chairman, chairperson, secretary, treasurer, manager, member of the committee and any other person elected or appointed to give directions in regard to the business of such society.
Objects…
5 (a)       To promote peaceful co-habitation amongst the members on the Co-operative Principles and ensure Voluntary formation, Democratic Member Control, Member - Economic Participation and Autonomous Functioning.
(b)          To provide co-operative education and training to develop co-operative skills to its members, committee members, officers and employees of the society.
(c)           To initiate Redevelopment of the building as per the norms of the authority.
(e)          To provide co-operative education and training to develop co-operative skills to its members, committee members, officers and employees of the society.

Creation of Funds
7.  The funds of the society may be raised in one or more Modes of raising of the following ways: the funds of the society…
                (i) by and for Election Fund.
   (E) Creation of Other Funds
                (d) To create Education and Training Fund from the Members as contribution of Rs 10 per month / per unit or as decided by the General Body.
Active Member…
22.  (B) (1) A member shall be called as 'Active Member' if:-
a.            He has purchased and owns the Flat I Unit in the Society.
b.            He has attended at least One General Body Meeting within a consecutive period of Five years.
c.             He has at least paid the amount equivalent to one year of society Maintenance and Service charges, within a consecutive period of Five years.
Non-Active Member…
22 (B) A member who is not an 'Active Member' shall be the 'non-Active Member'.
(2)    Society shall classify the members as 'Active' or Non-Active' member at the close of every financial year.
(3)    Society shall communicate to every Non-Active member about his classification, within a period of 30 days from 31st March of every year as prescribed under these By-laws as per Appendix - -
(4)    lf a question, of a member being Active or Non-Active arises, an appeal shall lie to the Registrar within a period of 60 days from the date of communication of such classification.
(5)    The ' Non-Active' member can be reclassified as 'Active member' if he satisfies the conditions laid down under Byelaw no. 22(B)(1).
Access to Documents…
Inspection of Books and Records Getting Copy of the Bye-laws.
  1. (a)          A member shall have right to inspect free of cost books, registers documents etc. as provided in Section 32 (1) of the Act and get copies of the documents … on payment of the fees prescribed under the bye-law No. 172.
172.         
1.            Certified copy of the approved Bye-laws of the Society Rs. 5/- per page.
2.            Amendment of the bye-laws of the society Rs. 5/- per page.
3.            Last audited Balance Sheet of the Society Rs. 10/- per page.
4.            Application for membership of the Society Rs.25/-
5.            Second and Subsequent Nomination by the member of the Society Rs.50/-
6.            Share Certificate of the Society (Dup|icate) Rs. 100/-
7.            List of members of the Society Rs. 10/- per page.
8.            Correspondence (related to member) Rs. 10/- per page.
9.            Minutes of the general body meetings and committee Meetings Rs. 10/- per page.
10.          Indemnity Bond Rs. 20/-
11.          Copy of Audit Report,  Annual Returns and Periodicals -- Rs 10/- per page.
12.          List of Non-Active members -- Rs 5/- per page.
13.          Any other document as per section 32 of the Act -- Rs. 5/- per page.
Annual General Meeting…
96.          The annual general body meeting of the Society shall transact the following business :
   
(x)          To receive from committee the Audit Rectification Report and Action taken thereon.
(xi)         To appoint the Grievance settlement and Redressal Committee as provided in Bye-law No. 173.
Election…
116. (a) Election of all the members of the Committee shall be held once in 5 years, before expiry of its term, in accordance with the provisions of Sec 73- CB of the Act and the Rules / procedure framed there under.
                It shall be the duty of the committee to intimate to the State Election Authority for holding of its election before expiry of its term. On failure, the committee members shall cease to hold office after expiry of its term and attract action by the Registrar under section 77 A.
                (b) The Committee of the society may co-opt Two "expert directors" relating to the objects and activities under taken by the society. The number of such co-opted members shall not exceed two in addition to the strength of the committee as provided in bye-laws No. 115., Such co-opted members shall not have the right to vote in any election of the society in their capacity as such member or to be eligible to be elected as office bearers of the committee.
                (c) The Committee of the society may co-opt Two "functional directors", such members shall be excluded for the purposes of counting the total numbers of the committee and shall have no right to vote.

Last date fixed by commissioner of Co-operation M.S. For Amemendment of you Old bye-laws to new bye-laws is 30/04/2013 for that you have to call Special General Meeting for Discussion.

My  CONCLUSION:

Still Commissioner of Co-operation M.S. Pune do not final the following
1. Draft the format of ANNEXURE of Active Member & other ANNEXURE.
2.Do not final the who is the  member of State Election Committee & their charges and work scope.
3. Do not final the ELECTION RULES
4.Do not approve the draft copy of the bye-laws upload on his website and give the Different Housing Federation permission to print this bye-laws and ask them to provide to the Housing Society.
5. Administrator is remove but Dy. Register appoint " Authorized Officer/Person" this is same as Administrator 
So Don’t blindly call the SAGM for Amend your CHS Bye-laws approve. First let the bye-laws  approved print from Commissioner of C.S.  come in the Federation .Let Federation print that bye-laws then read the bye-laws  understand it properly and then approved it.  Many Dy. Register of C.S. Send the letter through auditor and force the Society to amend the byelaws.  There are chance to 20 to 30 % change in the Draft copy upload in the Commissioner of Co-operative Society.   

Don’t blindly approve… Understand!!! Don’t Worry, be happy!

182 comments:

  1. hey under which bye-law can the authorised officer be appointed by the registrar?and if such an authorized officer is appointed what are his powers(are they the same as the administrators)?
    Now the M.C will be more powerfull members have to depend on the mercy of the managing committe rather than going to the administrator?

    ReplyDelete
  2. As per MCS Act 79 registrar can appoint authorized officer. this is same as administrators. Just with new name !!!! [previously the registrar can appoint administrators as per sec 81& 79 but now for housing society only 79 is applicable]

    In housing society on General Body is more powerful not MC.

    If you have any dispute with MC or MC not solve your problem then contact Grievance settlement and Redressal Committee to solve the dispute /problem with MC , then you can approach the GB , then Registrar.

    ReplyDelete
  3. @Visariya.. What is the meaning of Common area in a residential Co-op hsg Society. As per me, this is the area where any member can walk over or use. But my society has made a rule that the small area in front of flat enterance (like an alcove) is also a common area. However anyone coming into this alcove can only enter the flat as it has walls on both sides. So residents have put safety grill door here. Pl clarify. Thanks

    ReplyDelete
  4. contd.... SO this area is not Lobby or Passage or corridor. It is a small 3 Sq feet area in front of flat entrance. I can upload a layput picture so you can understand it if reqd.

    ReplyDelete
    Replies
    1. @asheet Common Area include halls corridors, lobbies, stairs-ways, fire escapes area, lift , duck, terraces and all open spaces of land on which building is located. small area in front of fat entrance [like an alcove] is also common area.

      Delete
  5. What is the revised date for adoption of the new bye law..Is the old date stayed by any court.

    ReplyDelete
    Replies
    1. Hon. Gujarat High Court declear 97th constitutional Amendment [243ZH to 243ZT] DEFIND null & void. also their are case pending in Hon. Bombay High court. So at present their is no revised date given.

      Delete
  6. We are victim of un-equal water supply under which by law can I ragistered my grivences

    ReplyDelete
  7. In you side of flat only your flat or all other flat get unequal water supply?

    ReplyDelete
  8. How much of the society's funds can be allocated for celebrating festivals, can this be done even when the society's expenditure is more that the income, and when the society is asking that the memeber's quarterly fees be raised?

    ReplyDelete
    Replies
    1. Their is no specific rule/guideline regarding how much allocation for celebrating festivals. Normally after one F.Y. MC & Auditor get idea of expense and then they make budget allocation according to that and AGM approve that budget. After approving the budget by AGM, MC can spend that much amount for celebrating different festivals in that F.Y.

      The AGM has to take decision that wherether we should celebrate festival or not keeping in mind that our balance sheet is in negative.

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

    ReplyDelete
  10. sir if three members of working committee resign from seven members committee can a g m without having agenda in notice of a g m select three new member and secondly this co opt members can became secretary

    ReplyDelete
  11. In one F.Y. General Body can co-opt only 2 member. For co-opting member it should be Agenda point of AGM Notice. No co-option without AGM Agenda point can be done. After co-opting 2 member then out of avalible MC member you can select Chairman/Secretary/Tresurer i.e. C/S/T

    ReplyDelete
  12. Dear Mr. Visariya,

    please help me with the following issue,

    we have come to understand that because of changes in the co-operative society act the election of the managing committee is required to be held under supervision of authorized member of the federation.

    so in such a situation can a provisional managing committee whose term has already expired continue to discharge their routine activities till such time as the federation appoints a person to overlook the election procedure.

    is there a provision to appoint two directors from the members of the society who will oversee the objects and functioning of the managing committee till such time as elections for new managing committee are held since the managing committee tenure has already lapsed.

    ReplyDelete
    Replies
    1. Election of society will be conduct by State Co-operative Election Commission not by Federation. The election will be held in Dec-13 till that time execting committee has to work as regular committee. Their are no provision to appoint 2 directors for supervision.

      Delete
  13. Thank you Sir for your reply, however please clarify on the below mentioned point,

    Since the tenure of 1 year of the present provisional committee has already elapsed can the General Body elect new committee by calling internal election?

    What if the current committee members have not offered to resign, what will be the recourse available for the General Body?

    ReplyDelete
  14. No GB can not call internal election. Current committee has to work as it is upto election conduct by election Commission. Even you can not change the post of office bears in the MC.

    ReplyDelete
  15. Sir, Our society is controlled by Administratar appointed by Jt. Registrar, CIDCO from August, 2012. The Special General Meeting (SGM) convened by Administrator on 28th July, 2013 passed unanimously and chosen seven members as Administrative Committee Members (ACM) to run the society activities. Later on 1st September, 2013 AGM was conducted and approved the SGM minutes and FY audited accounts unanimously.
    Now Jt. Registrar appointed only 3 disputed members as ACM by taking hefty bribe of undisclosed amount and handed over the society to them including financial powers against the SGM & AGM resolutions. The Problem is these 3 members will be there till the election process which nobody knows when it will happen. In all probability these 3 members utilise the accumulated society funds of 30 lakhs to influence the voters in the election and come out as C/S/T. Kindly give the advice what action we have to take on corrupt Jt. registrar and stop these three members to conduct the colourful exercise of bogus elections.

    ReplyDelete
    Replies
    1. File Complaint against the CIDCO Dy. Register in 1] Dist. Dy. Registrar C.S. Thane & 2] Divisional Joint Registrar of C.S. Kokan Bhavan

      You can also file RTI Application in Dy. Registrar C.S. CIDCO Office asking the Process of choosing this 3 person as ACM & removing process of old ACM persons.

      Election will happen in the month of JAN-2014.

      Delete
  16. Thank you sir for your kind reply. I will file a complaint as per your advise. I feel this may take one or two months to get the reply from my complaint Is there any Quick action results through co-operative court or any other court. Since elections are expected in the month of Jan, 2014, till that time the impartial administrator may continue and handover the society to elected representatives.

    ReplyDelete
  17. You can go to Co-Operative Court for quick action.

    ReplyDelete
  18. Sir, I've been researching for more than 2 hours and I haven't found any law that says that tenants cannot use Swimming Pool/ Gymnasium (Facilities).
    Q1. Do these come under 'Common Area'?
    Q2. Can the CHS (Cooperative Housing Society) prohibit members from using such facilities to tenants but allow 'Parking area' allotment?
    Q3. If their is a clause in the bye laws that prohibits such act would the NOC of the owner who is a member of the CHS hold value?

    ReplyDelete
  19. Can I use some part of my flat where I stay in co.op. housing society as clinic?
    What are the lays/rules for this?
    Would appreciate if someone can provide me this info.

    Thanks in advance!

    ReplyDelete
  20. Non-active member – a member who has never attended a meeting i last 7 years but paid all dues time to time. I think he is termed as a NON-ACTIVE member.
    Now he wants NOC for his flat and the purchaser of the said flat has own flat in the same society. The purchaser is giving the application for NOC on the behalf of non-active member / seller.
    Q) So, what should be our stand as a chairman of the working committee of the society?
    I insist that the seller should come and give the application on his own.
    Q) Is this demand correct?
    Also he needs to pay some penalty.
    Q) How much penalty should be levied on him to get NOC?

    ReplyDelete
    Replies
    1. Seller should submit the application for NOC.

      Still now this new model Bye-Laws is not approved by Co-operative Commissioner. So their is now Active & Non Active member still now.

      You can not charge any penalty for issuing NOC. This is illegal. If you do so & if sell file case against you then you have to pay the court case amount from your own pocket. As auditor may give this remark that due to your mistak society face this court case.

      Delete
  21. Dear sir ,in the society bye law it says that Structural repairs of roof of all the flat to be carried out by the society at its cost. What does that mean ??? Does it mean ceiling of all the flats.

    ReplyDelete
    Replies
    1. Yes. Reparing of ceiling of all flats come come under society cost.

      Delete
  22. Internal leakage due to toilet sink etc should be borne by concerned flat holders with the consent of the society [Byelaw no 70 a] What if the top floor owner refuses to pay 50% of the cost due to leakage, than what is the procedure to claim the 50 %

    ReplyDelete
  23. If top floor flat owner refuse to pay the amount then society has to issue notice to that flat owner saying that to pay the 50% cost for leakage reparing amount else on his/her behalf society will pay the amount and charge in his/her monthly maintenance bill and recover from him/her.

    ReplyDelete
  24. Dear Sir can i request in my letter to society that it should not give NOC to the resident of the top floor unlees they agree to pay 50 % for the leakage caused by them due to leakage in the bathroom, is it legal to write such thing to the society or the society can just ignore my problem and issue them NOC when they sell their flat,In that case what can i do, Kindly reply Thanks

    ReplyDelete
  25. you can not write such things. It's Secretary duty to check before issue NOC that all dues are clear. No leakage problem from that unit. No mortgage for that unit.

    ReplyDelete
  26. How do i contact you, cause my e mail is not configured with office out look 2007

    ReplyDelete
  27. Sir Apart from maintenance, our society has been collecting additional funds since 2008 for complete plaster of our building. ie 800/- per month.If there is a financial problem can we stop that payment till our financial condition improves and keep on paying the other maintenance on time.

    ReplyDelete
    Replies
    1. It depends upon what resolution pass in AGM. Generaly you can not stope payment of bill. Society can take action U/S 101 for recovery of dues.

      Delete
  28. Sir,
    We are facing short supply of water for past 5 years. We have tried rain water harvesting but it failed due to petrol pump near by - common wall of society and petrol pump. We even tried bore well but it too failed. Now some of the flat owners have suggested to install water storage tank cap 150 ltrs in their individual flats.
    Please advise is their any law which prevents them from doing so. Is their any regulation which allows such installations.

    ReplyDelete
  29. As per Municipal Act you have to take permission from local body to install Water Tank in house.

    ReplyDelete
  30. sir,
    we are planning build a housing co. society. how much members in a society? which catagory?
    pravin

    ReplyDelete
    Replies
    1. Firstly sorry for late reply as i am on vacation. Their are Minimum 11 members required to build society and maixmum no limit.

      Delete
    2. Sir,
      if the building as 4floor and 9 flats only, which mean it can not form society.
      what is the next step, how to form & how to maintain the building.
      thank you

      Delete
    3. Make registered apartment . this is only solution in your case. since for society minimum 10 members required.

      Delete
  31. Sir. . Could you guide us on parking space sold by the builder. Wht does the latest law say.... if we hv purchased the parking space much before the act was passed....thn wht will be the scenario??? Request n early reply..

    ReplyDelete
    Replies
    1. Firstly, sorry for late reply as I am on vacation.
      Please visit the following link you will get the answer.

      http://housingsocietymaharashtra.blogspot.in/2013/11/parking-space-charges.html

      Delete
  32. sir..can a person take a classes in the flat which he or she owns..or there is any legal procedure...ur reply will help me to take any further step..thanx.

    ReplyDelete
  33. Person has to do the following legal steps 1] Apply for permission for change of use of flat from resident to commerical to the Local Municipal Body. 2] Take NOC from society to change of use 3] Apply for Shop and establishment license 4] Apply for service tax No. registration. The only person can run classes.

    ReplyDelete
  34. Sir, I have purchased a flat of 338 sq.ft. area. I want NOC from society for my Bank. But Secretary demanded 10000/- membership fee and Rs.25000/- Transfer fee. I think , it too much. Please guide me.

    ReplyDelete
  35. Membership fees is Rs. 100/- and transfer fees in Rs. 25000/- only in BMC for other please visit the link http://housingsocietymaharashtra.blogspot.in/2011/07/gr-for-transfer-premium.html

    ReplyDelete
  36. Sir,I have purchased my flat from plot owner. The plot owner have development agreement with Builder on distribution of 38:62 propotion i.e. I am first purchaser of this flat. Now, Society secretary still demanded Rs.10000/- membership fee and Rs. 25000/- tranfer fee. He has prepared share certificate in the name of my seller but he is saying that seller is not registered member. I think, it is illegal. now what should I do?

    ReplyDelete
  37. Fill complaint against Secretary in your area Deputy/Assistant Registrar Of Co-operative Society Office. Since this totally illegal process executed by secretary. If you are the first owner then you do not have to pay any single rupee to society.

    ReplyDelete
  38. Hi, we have a flat in Mumbai and my dad expired without any nomination for the flat. Now, I want to transfer the flat to my mothers name. I have done the complete documentation for this as per the process. Now, my committee is saying that because of my flat causing a leakage in neighbors flat who are adjacent to me and to other flat with which there is no common wall (not an adjacent flat). Society says fix this problem and then they will consider the request for transfer of flat. I had told committee to transfer the flat and then i will fix it since i will take a loan to do complete plastering work of flat. Would like to understand will society reject my request on mentioned issue? Also, my dad had done some internal changes and committee member claims that i have to restore my flat to original state to consider it for transfer. is this true?

    ReplyDelete
  39. Transfer of Flat after death case can not stop due to leakage OR internal changes. You have to ask Committee to produce License Plumber report that Leakage in neighbouring flat [both adjacent and non-adjacent flat] due to your flat along with solutions for it with approximate charges.. And if you have done some internal changes at that time committee has to stop to do changes now they can not ask you to restore it to original one. If they do not transfer you flat and share with in one month of submission of documents then fill complaint in your area Asst./Deputy Registrar of Co-operative Society to transfer your father share and flat in your mother name.

    ReplyDelete
    Replies
    1. Thanks for your comments...

      Secretory told me that he will put up my case in soc. AGM (which is likely to happen in August). If anyone objects (surely the committee members who objected) then my request will not entertain. Want to know, do flat transfer need to put in AGM? Do I need to wait so long?

      Delete
  40. Death case transfer can be done by Managing Committee and they can inform the AGM regarding this transfer.

    Only Resale transfer is done after approval of AGM.

    ReplyDelete
  41. okay... as i understand committee at their discretion can decide amongst them or can take a decision in AGM. If committee members decides to discuss the matter during AGM (which is likely to happen in August) then till AGM do I need to wait? Is there any clause/law which makes committee members liable to respond on membership request within a define time? if yes, then whats the time frame post submission of request?

    ReplyDelete
  42. Go through following bye-laws you will get the answer
    Bye-Laws 38. (a) A member, desiring to transfer his shares and interest in the capital/property of the Society shall give 15 days' notice of his intention to do so to the Secretary of the Society in the prescribed form, along with the consent of the proposed transferee in the prescribed form.


    (b) On receipt of such notice, the Secretary of the Society shall place the same
    before the meeting of the Committee, held next after the receipt of the notice,
    pointing out whether the member is prima-facia eligible to transfer his shares and
    interest in the capital/property of the Society, in view of the provisions of Section
    29(2) (a) of the Act.

    Bye-Lasw 39. (a) The procedure for disposal of applications for transfers of shares and/ or interest of members in the capital/property of the Society as laid down under the bye-law No. 65 shall be followed by the Secretary and the Committee of the society.

    Bye-Laws No 65 (b) On receipt of the applications, the Secretary of the Society shall scrutinise them and bring any short-coming therein to the notice of the members concerned within 7 days of their receipt for compliance;
    (c) The Secretary shall place all the applications, complete in all respects, or incomplete, before the meeting of the Committee or the general body, as the case may be, held next after receipt of the applications;
    (d) The Committee or the General Body, as the case may be, shall consider all such applications at its meetings and take decisions thereon;



    ReplyDelete
  43. Sir,
    I own a flat in a building of total 12 flats, 4 on each floor. We have a registered society. The top 4 flats have an attic space which they have paid a fee to BMC to legalise and use. They have now utilised the same as living areas (like a duplex flat). But the maintenance for all the 12 flats is the same. Now there is a problem with leaking roof and the repairs for the same is a huge amount. Please advise if the rest of the society should be required to pay for the roof repairs which none of the other 8 flats are able to use as it is not a terrace but a 'nadia' roof.
    thanking you
    Nikin

    ReplyDelete
  44. No. It is not common area. So only 4 has to do repair on its own. They are paying BMC fees for it.

    ReplyDelete
    Replies
    1. This comment has been removed by the author.

      Delete
    2. Thank you for your prompt reply. Is there a reference to the same in the bye laws, if so please advise where and what course of action should be taken?

      In my flat and a few others, we see a lot of cracks on the beams, should these repairs be carried out by individual members or the society. Also as per the last society meeting the 4 above flats have refused to give any amount towards the repairs of the building. Can any action be taken against them?
      Thanking You
      Nikin

      Delete
  45. Replies
    1. Dear Sir....
      Sorry to trouble you again... I was reading the bye laws which says
      (ix) Structural repairs of roofs of all flats (does this include the roof of building)
      (xv) The damaged ceiling and plaster thereon in the top floor flats, on account of the leakage of the rain water through the terrace....
      does this apply for a nadia roof as well or only for terrace buildings...

      Delete
    2. ix] include roofs [ceiling ] of top floor also. Top floor house has terrace as roof. i.e. roof of building.
      xv] only for terrace building.

      Delete
  46. Hi,
    We are the owners of the flat and have been residing in this house since its inception, of late about 1 and half year ago the flat just above our house was sold to another owner, on purchase of the house the owner began to renovate the house as per his wishes and changed the original structure of the flat which lead to leakage problem in our house, and even before the renovation of the flat would take place the owner of the above flat had visited our house with the contractor to see if there was any leakage from above house, and had specifically told the contractor that there should not be any leakage problem to them, and by word of mouth she kept on assuring us that she would get all the damages done to our house due to the renovation work carried out by them, now she has turned aback and says she is not going to spend a single money to restore out house back to its normal state, we had written around 3 letters to the managing committee of the society they too have not given a justified ans and say that we will have to pay for the the damages done to out house and we will also have to pay to get the leakage problem in their house.ie the above house sorted out... can u please guide me with regard to what further action has to be taken and its whose duty to get the damages repaid to our house??

    ReplyDelete
    Replies
    1. Before renovation & structure changes does owner take written permission from Managing Committee and Local Municipal Authority ? It is duty of Secretary of society to inspect the flat and submit the report to Managing committee. Now you can give complaint to Local Municipal authority office saying that flat above you have done structural changes in the flat and due to this leakage problem start and building life get effected and in you house electrical shock problem start and your family life is in danger. you have inform secretary regarding leakage problem but society has not taken any step. You can also write same complaint letter to Dy. Registrar of Co-Operative Society in your area. Also attached 3 letter along with this complaint letter to both Municipal authority and Dy. Registrar of C.S. After taking acknowledgement from both office on your office copy of your letter. Then give one letter to Secretary saying that you have file complaint against society in Municipal office and Dy. Registrar of C.S. office. attached xerox copy of your office copy.

      Delete
    2. Hi as you stated to write a letter to the Pune cantonment board and the registrar of co-op housing society we did so but both the organisations say we can't deal with this matter since it sud be sorted out between u and the above flat mutually and the society's managing committee too seems to show no interestin solving our prob and say that the replies to our letter will b gt only after the agm is conducted. Pleas help on what next step can b taken. And who is responsible for repaying the damages caused to our house even if the leakage prob has stopped but paint peeling out. Should it be 50-50% borne by us and the above flat or just that 100% borne by the flat above our flat who is responsible for causing damages to our flat. Thanks

      Delete
    3. File RTI Application to Pune Cantonment Board & Dy. Registrar of C.S. asking 1] Status and Progress of your complaint 2] Name of the officer responsible for taking action 3] reason recorded for not taking any action. You will get reply with in 30 days.

      Second think as leakage is dangerous you should do is ask license civil Engineer who is on the penal of Cantonment board to do survey of flat give report for leakage and solution for the same Do the repair [normally civil engineer do that repair] take proper bill VAT, Service Tax paid bill from both civil engineer who do survey and repair. After that file case in Court against society to recover this amount.

      Delete
  47. Sir...as per the new Bye laws .....who can be the member of the society.My concern is - If the flat is owned by my husband , who is working abroad. Can i as his spouse apply for becoming a committe member

    ReplyDelete
  48. first you have to become associate member. then submit No Objection Certificate from you husband and then you become committee member.

    ReplyDelete
  49. Sir I am staying at goregaon & regarding our society's metter we have any complain, where is office of registrar near by

    ReplyDelete
  50. INFORM ME YOUR MUNICIPAL WARD

    ReplyDelete
  51. In our cooperative society some of the members have transacted by way of sale deed and with NOC of chairman who was not duly elected or authorised.Today we the members do not approve of their deed.Thus their is deadlock that has jeopardized the both the parties of the transactions.Will some one tell me more on this issue and provide valuable guidance in order to keep the society legally safe from such secret sale deeds


    Read more at: http://indiatoday.intoday.in/story/property-sale-through-gpa-not-valid/1/154711.html

    ReplyDelete
    Replies
    1. As per model bye laws 2001, 2009 and 2013( which has to approved by commissioner of co operation) in maharashtra you need not to take NOC from society before sale of flat. Hower it is advisable to take noc so that buyer can know if any dues or loan is pending on flat. Now society has to check that seller has owner of flat and share certificate. Remember nomine can not sell flat until he/she obtain succession certificate from court. Agreement of sale duly registered in sub register of assurance office. Both buyer and seller has submit transfer set. Along with transfer premium and transfer fees and membership fees. If all this is done then society has no right to stop this deal.

      Delete
  52. Our society is constituted of plot owners and not an apartment with Flats.Also is it not mandatory to get the resignation of the seller duly approved and who should pay dues like per head N A Tax of the society's total area.Can society stay the resignation of the seller on account of non payment of due N A Tax from the seller.Hitch is that the plots were sold without any intimation of any kind to the MC or Chairman.Transfer set was attested by sub Registrar and self-declared chairman(one of the member,who was not elected to the post of chairman).In case of one plot the shareholder member sold it without clearing dues and did not ask the buyer 'A' either to pay transfer fee or membership fee.The Buyer 'A' was not issued any share certificate.Again this Buyer'A' has sold the same plot to second person'B' with the same irregularities.'A' was not a shareholder but still he sold it to 'B'.Presently after a gap of 14 years 'B' secretly deposited transfer fee in the bank account of the society.'B' has no receipt from the society and claims that transfer fee is paid. If he was right then anybody can pay some amount directly in the account and claim membership.He should have paid it to the secretary,who is empowered to give receipt.In such circumstances can 'B' claim to be lawful member ?

    ReplyDelete
  53. How resignation is not mandatory in your society ? with out this society can not admit new member. Sub Registrar has not power to sign/ attested the Transfer set. In transfer set their is column saying that sell /buyer paying transfer fees on ___ date. so you have to check is cheq. is clear after that date with in 4-5 days and also reflect in your cash book and balance sheet of that year. NOC for sell of flat is not required from 2001 as per new Model Bye-Laws. Society has to first issued share certificate to A. A has to hold share certificate for minimum 1 year. then you can transfer this share certificate to B. view check list for transfer of share which is post in this blog. before transferring share you can ask buyer to show current year NA Tax paid receipt.

    ReplyDelete
  54. Our builder has given the pre-society period accounts and also returned the balance of the money he collected as maintenance from flat-owners to the society.

    Now my question is what should the society do with the money? To whom does the money belong? Does this money belong to the society or to the members?

    One of our member says that the money belongs to the members and should be distributed back to the members. He says the money should be be equally distributed amongst all the members. However while paying the money to the builder all the members had paid money to the builder proportionate to the area of the flat bought by them, so if the money is distributed equally some members will profit while others will loose. Especially the flat owners with small flats who had paid Re.1 more than what was required would stand to loose more.

    Kindly let us know what should be done with the money that the builder has returned to the society.

    ReplyDelete
    Replies
    1. Firstly it is nice that your builder return balance amount.

      Now amount belong to the members. It should be distributed as it collected from flat owner. Suppose builder collect Rs. 1/- per month per sq.ft. so if flat area is 200 sq.ft then Rs. 200/- is collect from member and if expense doneRs. 180/- per month for this flat then Rs 20/- per month has to return to the member. Your builder has also give you details how much amount he has collect from member and how much it expended against each member. So you can get clear amount how much you have to return to each member.

      I suggest insted of returning to this amount to each member adjust this amount with their monthly maintenance so that you can get some months maintenance advance from each member.

      Delete
  55. Hi. I have a question pertaining to Share Certificate. In our building, the builder for some taxation purpose, has given 2 agreements for 3 BHK, 4BHK flats. In most case, a husband is first name in one agreement with wife as joint owner and wife is first name in second agreement with husband as joint owner. How are the share certificates and voting rights to be given in such cases? Do we issue 2 certificates per flat? Or do we issue one share certificate with both names on it? The 4BHK is actually 2 BHK flats on lower floors. Can a 4BHK or 3 BHK resident sell half his flat as per one agreement to a third party?

    ReplyDelete
  56. What is in Municipal approved plan ?I think f it is 2 flat for 3 BHK,4 BHK so builder is make 2 different agreement. If their is 2 different FLAT then you have to issued 2 different share certificate. voting is 1 vote for 1 share certificate. In share certificate you have to write name as written in agreement. For e.g. is flat having four name say . A,B,C,D then you have to write all 4 name A,B,C,D IN SHARE CERTIFICATE. Flat can be sold as per one agreement to any third party.

    ReplyDelete
  57. Sir, I have a problem in my flat. One of the bedroom floor had caved in a little and hence the tiles had come off the floor . There is a visual bend on the floor. The ceiling of the flat below has visual cracks. Now we owners of these two flats did a structural analysis of the beam and floor of our flat, and the analysis said that the iron rods have completely rusted away and we need rebuild the whole slab for the said room. Now under the society bye-laws can I or the flat owner staying below, ask the society to do the slab work or can the society say that it will bear only 1/3rd of the cost of slab and beam repair. How should we proceed to do the slab and beam repair?

    ReplyDelete
  58. I would like to add that the tiles have been removed and there is visual evidence of the rusted and broken iron rods.

    ReplyDelete
  59. Our building was constructed in 2000 by CGEWHO.

    ReplyDelete
    Replies
    1. It is duty of society to repair all structural repairs as per bye laws no 160(a). So ask society to do that. You can give tiles of your choice to society so that they can fixed it.

      Delete
  60. The present managing committee has decided the payment would be only 1/3 rd each from the society, and the flat owners. Can I challenge their decision on the basis of 160(a) and if they do not agree how can I proceed?

    ReplyDelete
  61. You can approach your area Dy. Registrar of C.S. MC can not change the bye laws without approval of AGM and then Registrar C.S.

    ReplyDelete
  62. dear Visariya Sir,

    kindly guide under which provisions of law we have to file application for change of use of flat from resident to commercial?

    under which legal provision society may grant NOC for change of use?

    regards:
    Kishor

    ReplyDelete
  63. Under municipal law you can file change of use application. Application format is available in your municipal office. In application format also written what paper you have to attached.
    Society may grant NOC subject to Approval of Municipal permission. But this change of use are approved by AGM since after converting residental to commercial use it may creat may problem like ,water shortage
    ,parking etc. So if all member aggreed then give permission

    ReplyDelete
  64. Is it possible to execute only sale deed of my flat which i am planning to sale to my father and get the share certificates from society and other things(MSEB bill transfer) on my fathers name without paying registry and stamp duty?

    ~Harshal

    ReplyDelete
  65. With out stamp duty paid you cannot register you sale deed. Without register agreement you can not transfer share certificate in society also.

    ReplyDelete
  66. Thanks Visariya...

    ~Harshal

    ReplyDelete
  67. Can a Tax Consultant who is also a LIC Agent but he is Neither a CA nor a Advocate, can carry out his office at residential premises where he is not living. And also while purchasing the flat Society has Given him NOC by writing in the letter for Residential Use Only.

    ReplyDelete
    Replies
    1. No. CA, Doctor, Advocate or Insurance Agent can carry his /her office work in residential society only if they are living their else society has to issue notice to them and also inform the local municipal authority for change of use and also inform the electricity co to change of use on society letter head.

      Delete
    2. Thank You So Much For Your Response & Valuable Advice.
      But here I would like to Add that in the same Building of 22 Flats, there is a Homeopathic Doctor on 1st Floor, carrying his Dispensary while he do not stay there. But He has Bought the Premises from the Builder & is the Member of the Society From the Formation of the Society. But now Society has Decided not to give any permission for Commercial or Professional activity other than doctor. So do that Consultant has some ground to justify that he is also a professional & shall get the permission.
      Thank You..

      Delete
    3. In Residential Housing Society can allow only if person can stay in the house. If any Professional who take permission from builder then after society formation person has to take permission from society and residential society can allow permission only if member stay in house. Other option is convert your society registration from residential housing society to premises housing society.

      Delete
  68. Sir.
    I stay in a housing society and there is not much space in the stilt parking of my building to park my car. so can i build a portable shed in my society as to accommodate my car. i requested the secretary for the same but he denied it.
    can you please advise me in this matter. if there is no provision what can be the alternative..
    thanks

    ReplyDelete
  69. http://housingsocietymaharashtra.blogspot.in/2013/11/parking-space-charges.html

    ReplyDelete
  70. Hi sir we stay in new mumbai I belong to shia muslim community is there is any laws that chairman is stoping to do any religious function in our flat..we r not doing in society we r doing in our flat...so please kindly solve my problem...

    ReplyDelete
    Replies
    1. Sir, their is no law who can stop doing religious function in flat. But many society have make some internal rule like members should keep their shoes inside flat no shoes , bicycle, garbage etc kept in common passage/lobby. So you can check is their society make any such rule so you have to followed that. Also you have to make sure that NOISE will not cross the limit of 50 Decibel by doing any religious activity. Else if chairman stopping you then ask them to give in written and make police complaint on that written letter.

      Delete
  71. Is there any tenor to be served as a Secretary / Treasurer of the Society..can he resign after completing one year of service.

    ReplyDelete
    Replies
    1. If once elected then tenor is Five years. he/she can again elected for next five year. this process is continue till he/she is elected in Election Process

      Delete
    2. Thank you for your response.
      i understand that he / she needs to be served 5 yrs tenor but can the committee of the society force that member to not resign( as this member wants to resign ) and hold this clause against him / her.
      I have also heard that the tenor is being raised to 7 years..is that true?

      Delete
    3. No society can not force the member to not resign. Tenor is 5 years only no increment in the tenor till now.

      Delete
  72. Hello Sir.
    our society is planning to build a shed on terrace.is structural audit compulsory before building shed..please let me know with section.

    ReplyDelete
    Replies
    1. yes. with machine Testing and one copy is to submit in local municipal authority for approval.

      Delete
  73. Sir,
    Without having prior permissing from Municipal Ahtorities our Society started to collect funds for Terrace maintenance under heading 'PROPOSED TERRACE REPAIRS'. They charge such amount in excess of regular monthly charges payable to society.
    Pls.let me know whether this practice is fair or not, as they are charging interest for non payment towards charges of 'Proposed Terrace Repairs'. More importantly society has not initiated a single work towards Terrace Maintenance because of rainy season started now.

    ReplyDelete
  74. For Terrace repairing [Water proofing] No municipal permission required. If in your AGM it is decided that Rs. X is charge for PROPOSED TERRACE REPAIRS per month and if member fail to pay that then Y% of interest is charge then you have to pay the charges and if late payment you have to pay the interest. Normally after collecting fund from members Major Repair work can be done. So go through your AGM resolution what is passed in that ? you have to follow that resolution.

    ReplyDelete
  75. Hello Sir,
    In our cooperative housing society, since it's inception, elections have never been held to elect the managing committee. Members have voluntarily come forward & formed a committee to carry out the society work. But now no one is interested in coming forward to form a new committee. Society members are forcing the current committee (& that includes me) to continue working against our wishes. We have been carrying on the work in good faith so that salaries of watchmen, sweepers, etc. are not held back and nor the society electricity, water, property bills etc. remain pending. But we don't want to continue any further. What recourse do we have in such a scenario ? Thank You.

    ReplyDelete
  76. In AGM agenda point put your resign and elect new member. If any one not come forwards the only C/S/T can work for Electricity , water , property bill payment else all service can stop

    ReplyDelete
  77. Sir my society is in Cidco limits and our committe has passed an resolution of erecting terrace shed for all wings to avoid the water leakages. I wanted to know whether erecting shed on society terrace is legal? If yes under which section ?
    Also the committe has charged some amount for all members to construct the shed, so can the committe members charge interest on the delayed payments ? And upto what rate the committe members should charge the rate of interest ?
    Pl guide

    ReplyDelete
  78. Local Municipal authority give permission for temporary weather shed monsoon. For permanent shed you have to send proposal through your architect. then local body give permission under MRTP Act if FSI is balance . Maximum interest rate is 21% PA. If resolution is passed in AGM that if delay on this shed payment after specific date then interest will be charged then only it will charged else not.

    ReplyDelete
  79. Our society has adopted the new bye-laws(2013). As per bye-law 119(iv) A member cannot hold a position in the MC, if he does not reside in the society or he has rented or sublet his flat / shop. We have a General Body meeting this month. Can We ask the the concerned member to vacate his position in the Managing Committe as per the above bye law.
    Your advice would be highly appreciated.

    ReplyDelete
    Replies
    1. yes you can ask the member to vacate his post.

      Delete
  80. dear sir, i need clarification on the following with relevant sections of the act
    1) Can society restrict the tenant to park his car/two wheeler in the society
    2) can society ask member to remove shoe rack made near staircase, and what action can be taken by society, if member does not listen
    3) How many member should be in MC. Can it be exceeded the prescribed limit
    4) our MC has two years of balance tenure. can they dissolve before ? we have 98 flats and 6 offices (Total 104)
    5) Can society restrict for parking of commercial vehicle of office owners during overnight

    ReplyDelete
    Replies
    1. For Parking issue you have to make policy and it has to approved in AGM of society then send that policy copies ti registrar of C.S. since different society have different issue related to parking.

      Shoe Rack:- As per National Building Code & Fire & safety Act 2005 staircase should be free from any obstruction. If member does not listen then file civil case against member in Court

      MC can not be exceeded the prescribed limit.

      In your case election can be taken only by co-operative state election commission body. so do not dissolve the body.

      Delete
  81. Sir, we are a 12 floor society with a refuge flat on 8th floor.
    Q1) is the refuge flat part of the common area?
    Q2) can any Managing Committee or AGM activities be conducted in the refuge flat?
    Q3) can any furniture, electrical appliance be used in the refuge flat?

    Kindly advise and also share the bye law pertaining to these.

    ReplyDelete
    Replies
    1. 1. It is common area
      2. No activities can be conduct in refuge flat/area
      3. NO Furniture or electrical appliances can be place or use in refuge flat/area

      Refuge flat/area you have to refer the National Building Code 2005 and Maharashtra Fire & Safety Act 2005. If refuge flat/Area use for other purpose which is define in above Act then Managing committee member has to go to jail from 3 months to 6 years

      Delete
  82. Dear Sir,

    We are 15 years old building in Pune having 10 Flats with one commercial godown which is closed.

    Sir, We do not have Cooperative housing society formed I need your help in the below matters

    1.Can we form Cooperative Housing Society with 10 flats. Is there a legal provision as I heard we need 11 flats for forming society.

    2.There is sinking fund with the Builder can we take that back as society is not formed.

    3. There are leakage problems with individual flats and common terrace and parking area. How do we contribute for such repairs ??






    ReplyDelete
    Replies
    1. 1. if plot size is below 700 sq.mtrs and if only 10 flat can be constructed on it at the time of construction year with available FSI for that city then you can registered the society.
      you have to produce the Architect certificate for the same

      2. for sinking fund you have to file case against builder in court

      3. individual flat leakage repair cost has to born by both flat owner for parking &common area you can divide it to sq.ft basis of each flat

      Delete
    2. Thank you very much Sir for your valuable feedback this will help us a lot thanks once again

      Delete
  83. http://cdn.imghack.se/images/b3eadc1faeb804bafd1a7259aa8c9f82.jpg

    ReplyDelete
  84. an existing housing society is following bye laws 2009. Bye Laws 2013 are still not adopted. It has seven members including a female as chairman. Three out of seven want to resign including the Chairman and Treasurer. Can the remaining co-opt three or Committee has to seek General Body view or fresh elections shall happen ?

    ReplyDelete
    Replies
    1. In one F.Y. you can co-opt only 2 members not more than Two members. Fresh election shall happen in your case

      Delete
  85. at our soc they donot charge as per sq.feet what to do?

    ReplyDelete
    Replies
    1. Ask MC to refer Bye-Laws No 67,68,69

      Delete
  86. I

    In my society one flat owner not paying the monthly maintenance bill
    to society & he gave this house on rent. now the amount gone to 1.5 to 2 lac
    how to recover from him & what action should we take?

    ReplyDelete
    Replies
    1. File case against owner & tenant U/S 101 Of MCS Act 1960 in Dy. Registrar of C.S. of your area to recover the dues.

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

    ReplyDelete
  88. Sir can i have a soft copy or pdf copy of society bye-law rule & regulation . so i can verify that copy.

    ReplyDelete
    Replies
    1. https://sahakarayukta.maharashtra.gov.in/1105/Model-By-Laws?Doctype=1CC73BAD-36CA-45AA-BA03-2119E31B6337

      Delete
  89. Sir is there any rules in bye laws for the length of window grill in society.

    ReplyDelete
    Replies
    1. Size of Window both horizontal & vertical is as per your approved plan by Local Municipal Authority. For window safety grill their is rule in Municipal ACT, Town panning Act. No rule in Bye-laws , MCS Act since this is come under local municipal authority jurisdiction

      Delete
  90. sir our society has not yet adopted the new bye laws...can we adopt it now

    ReplyDelete
  91. you can adopt it at any time. But remember that still commissioner of co-operation MS has not yet approved this bye-laws.

    ReplyDelete
  92. Can non-resident member be a chairperson of CHS even though she is not staying in the society?

    ReplyDelete
  93. Sir,

    Can a society hold election this time when election in Maharashtra state is declared.

    REGARDS

    S. N. OJHA

    ReplyDelete
    Replies
    1. YES. But no for every housing society election is conduct by State Co-operative election commission

      Delete
  94. Our secretary has sold the flat and we want to give him farewell , can we use society fund for his farewell.

    ReplyDelete
  95. Sir ,
    Society is not issuing NOC for my shop to give it for rent For the purpose of bank ATM. Neither they are Communicating with us in writing .They are asking for No radiation certificate before issuing NOC .Company has told they will issue NO Radiation certtificate once society gives NOC . Its been ! month since I have submitted application for NOC from society .What can I do now?

    ReplyDelete
    Replies
    1. If society is not reply in writing in your application for NOC for more than 1 month then it is deemed to issued NOC for leave &license.

      Delete
    2. Sir ,
      1) Also we need NOC for installation of Antenna for ATM on society terrace covered with shade and 1 month duration is over for appliction on the same .
      2) In recent AGM the original committee has resigned and new committee is not yet decided .Its been 1 week since AGM .
      3) Is it mandatory to sign M-20 Indemnity bond now by Committee members for housing society in Maharashtra . Elections have not been held in our society .

      Delete
    3. 1. If one month duration is over and still society in not giving NOC then file complaint in your area Dy. Registrar C.S.
      2. New committee can be firm only after election taken by State Co-operative election commission or with the permission of Dy. Registrar of C.S.
      3. No M-20 bound now for housing society.

      Delete
  96. Dear sir,
    We are 18 years old building. I bought this flat in 2009. Since then i m facing major leakage problem in my toilet and bathrooms. I have given several letter to MC regarding time matter. No action has been take.now leakage gone to my lower flat which is secretary's flat, he had made complete to MBMC saying becouse of me building structure is critical.
    And they ask me to repair asap, without looking my problem. Still I gave them in writing i m ready to repair n ready to deposite money with society fisrt u solve my problem which is pending from last 4years.
    Now society has done some external plaster work n drain pipe replacement of all floors, n added 102000 rs in my society maintenance bill for scaffolding and repair charges.
    Please help

    ReplyDelete
    Replies
    1. As per Bye-Laws No 160. The following repairs and maintenance of the property of the society shall be carried out by the society at its costs:
      (a) (i) All internal roads, (ii) Compound walls, (iii) External water pipe lines, (iv) Water pumps,(v) Water storage tanks, (vi) Drainage lines, (vii) Septic tanks, (viii) Stair cases, (ix) Terrace and parapet walls, (x) Structural repairs of roofs of all flats, (xi) Stair-case lights, (xii) Street lights, (xiii) Outside walls of the building/buildings, (xivj All leakages of water including leakages due to rain water, and leakages due to external common pipe line and drainage line, (xv) Electric lines upto main switches in the flats (xvi) Lifts, (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of the leakage of the rain water through the terrace.

      So it is duty of society to do leakage repair. You have to inform the Dy. Registrar of C.S. in your area that society secretary is charging unlawfully to you and do not look after to your leakage problem since last 4 years.

      Delete
    2. Dear Sir

      Thank you for your response, on 7th oct 2014 i wrote a letter to society but they refuse to except the letter, saying I am not secretary anymore and ask to meet Mr. XZY, he is new elected secretary in AGM......New XYZ secretary also refuse to expect letter(Saying I have not got handover from previous secretary). how can the change the secretory with out election conducted by C.S. Society secretary can be change in AGM?

      Break up of 102000/-
      Other Charges for
      Scaffolding Charges as per MC Resolution Rs. 25,000/- and
      Repairs chargers as per MC Resolution of Rs. 77,000/- respectively

      Delete
    3. I assume MBMC stand for Mira Bhayander Municipal Corporation. No as per information given by you
      Break up of 102000/-
      Other Charges for
      Scaffolding Charges as per MC Resolution Rs. 25,000/- and
      Repairs chargers as per MC Resolution of Rs. 77,000/- respectively. So Rs. 1,02,000/- expense done with only MC Resolution No AGM resolution so you can file complaint in Dy. Registrar of C.S. of your area that 1] MC has done expense more than Rs. 1,00,000/- 2] MC has not taken More than 3 quotation for this work 3] MC has not resolved my problem for which i have given complaint more than once. 4] Secretary misuse his post to resolved leakage problem of his own house make finical loss to society and me. Recover this lost from secretary pocket only. 5] Society has not any point of time inform me in written that this cost will be charge to me. 6] If i have to give the repair cost than i have do with my contractor only.

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

      Delete
    5. Thank you Sir,

      Diffidently I will write/file complaint with Dy. Registrar-

      Can I have address and Mobile no so I can mail you all letter and notices to your address, also I like to take legal advice from you.

      Thank you
      Tapesh Vishwakarma
      9892465255

      Delete
    6. It is available on the first page of blog.

      Delete
  97. What all appendices should be filled/submitted to the society from a nominee in case of demise of a member for share transfer to the nominee and nominee is wife of the deceased member. The property is a 1bhk (555 sqft) flat.

    ReplyDelete
    Replies
    1. check link:- http://housingsocietymaharashtra.blogspot.in/2012/01/checklist-of-transfer-document-for_23.html

      Delete
  98. Dear Sir,

    Trust you are well,

    we are facing the following issue in our society,

    We have a total of around 120 flats out of which 30 flats have been taken over by a company which runs it as a hotel ( services apartments )
    The company running the hotel had the agreement directly with the builder since our society is barely 2 yrs old.
    The hotel is leased out to corporate companies from it industry located close by.
    We therefore have regular inflow and outflow of people who come and stay for short periods , misuse the amenities, and create nuisance.
    Furthermore we do not have any record of the visitors .
    The hotel runs its pantry from one of the serviced apartments .
    Therefore my question to you is -
    Is this legal?
    How can we stop this ?
    What legal recourse do we have incase we want to crub the nuisance ?

    regards,

    Namish Kunder

    ReplyDelete
  99. In registered housing society any co./ trust/ firm can not take more then 20% of unit &share of the society.
    To run as hotel/gust house their are different type of license required from local body & state government department. This has to be renew time to time. For renewal it required society NOC. so simply not give NOC.
    Inform local Police station regarding this nuisance and ask them to stop this activity.
    Give objection letter to regarding not to renew the license of this hotel to police station and local body.
    Inform the collector of stamp of your district that this hotel has not paid proper stamp duty on agreement.

    ReplyDelete
  100. Hello Sir,
    I'm currently not occupying my apartment in a society of 100 apartments. Given that the society has water issues,
    now in addition to the maintenance the association has plans to impose additional charges for water at Rs.3000 per apartment separate from maintenance.
    Since I'm not residing in the apartment and the apartment is locked, I would like to avoid paying this charge since its money paid for nothing in return.
    Even from the maintenance about 25-30% of the money is going towards water,
    but in absence of water meter and given that I'm a member of the society I regularly pay the maintenance without any fuss.
    My question is - 1. Can the association impose this charge on all apartments even if they are not occupied.
    2. How can I avoid making this payment towards water which I will never use. Kindly Advice.
    -
    Thanks

    ReplyDelete
    Replies
    1. You can avoid this additional charges of water Rs. 3000 since you or nor any other person are occupying the flat so no water will be use by your flat. You have to write letter to both secretary of the society and Dy. Registrar of C.S. of your area. Why society is not taking extra water line from Local municipal authority ?

      Delete
    2. Thanks sir for your response. Actually this apartment is in Bangalore and the co-operative housing societies in Bangalore aren't as established as compared to Mumbai. Its been 9 years and still there is no sign of Municipal water in apartments along the outer ring road of Bangalore. We rely heavily on tanker water. Your blog is very informative for people like me from other cities as I'm hoping the laws for co-operative housing societies wouldn't differ much from city to city in India. Thanks again..

      Delete
    3. Sir I suggest please check Karnataka co-operative law. State co-operative law may different in India.

      Delete
  101. If wife's name appears second in the share certificate, could she contest the election ?

    ReplyDelete
  102. Yes. Only if whose name stand first can give NOC.

    ReplyDelete
  103. I have a query regarding my co-operative society which is in Kharghar, Maharashtra, Navi Mumbai .
    Sir,
    I am acting as a Secretary in my CHS which is 7 Year old with 84 members, we managing Committee doing last of work in past 2 year and transparency into the system. I have 3 Queries.
    1. As new elections are due, 5-6 members raise the objection that managing committee will not take any major decision till the new managing committee is not formed, as they are having some personal issues. Is there any law in society act?
    2. Can AGM decision overruled in SGM?
    3. Building Painting Fund : In last AGM (30-Sep-2014) decided to raise the fund (Around 14 Lakh Rs) for the building painting and process are final to finalize by managing committee to finalize the Vendor
    • Calling various quotations , Short listing of quotation, Interview with the vendor ,Finalize 2 vendor and , Visit their side (past they have worked).
    • After that we will call SGM and introduced vendor with all the member and vendor resolve their query, also we will distribute the various quotations among the members for the transparency.
    B. Some members want to have open discussion with 4 vendors and like a bidding system and as per them managing committee have no rights to final the vendor
    C. Which is against the AGM and want to bypass managing committee process by calling SGM
    D. Managing Committee has all the rights to pass quotation or they have to take SGM approval by bidding .

    Kindly Suggest.

    ReplyDelete
    Replies
    1. 1. committee term is for 5 years and your committee are doing work since last 2 years so your committee 3 years term is balance so your committee can take major decision.
      2.Any decision taken in AGM / SGM can be overruled only after 6 months
      3. Committee has to take approx. expansion of painting from AGM and then as you written the process final one vendor and give him work order contract on Stamp Paper . Pay Proper stamp duty on it. Deduct 2 % TDS on every payment of bill and file TDS return on time . Managing committee has power to approve the quotation. No need to open discussion with all bider in AGM

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    2. Thanks Sir for the prompt response and clear the queries. I have put my first question in wrong way and extremely sorry for that.
      We have 5 + Year old Managing Committee (Last 2 Year since I become a Secretary) and due to government rules election were not conducted.
      Last AGM (in Sep-14) decided for the painting and we started additional collection. Can managing committee has right to take decision and execute the AGM decision where elections are due? Is there any by-law for the same?
      Please help.

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    3. Give me the last election date when this present MC elected. So that i can reply

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    4. Sir, present MC was elected in Sep-2009.

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    5. so your MC term is 2009-2010 ,2010-2011,2011-2012,2012-2013,2013-2014. your term end in Aug-2014. So you have to inform the SCEC to CONDUCT ELECTION

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  104. Sir. Could you please let me know that whether the new model bye-laws are made available at the Federation to enable our society to approve in the meeting and adopt the same. Thanks & Regards - Ramesh N

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  105. yes it is available in federation office

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  106. What is the audit fees slab fixed as per new Bye Laws in Maharashtra Co Op Housing society. Has it increased which has been Rs 36/- per member
    Thanks & Regards N Mehta

    ReplyDelete
    Replies
    1. Now it has to decide between Auditor and Society. At present in Mumbai & Thane Dist " A" class auditor take Rs. 50/- per member

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  107. Sir, Good Morning! It'll appreciated if I could get the latest amended print of model bye-laws in "pdf" format. Thanks & Regards - Ramesh N

    ReplyDelete
    Replies
    1. download from the below link:-

      https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Model%20Bye%20Laws%20of%20Coop%20Housing%20Society%20New%20Flatowner%20Type%20(2-9-14).pdf

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  108. Sir, Further, I would also like me know the forms / procedures in detail to adopt the model bye-laws in the special general meeting and get it approved from the Registrar of co-operative societies.

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    Replies
    1. Bye-laws adoptions form are available in Federation office. You have to fill this form and 4 copies of bye-laws. Submit the following
      1. Notice copy of SAGM
      2. Adoption form
      3. New bye laws copies
      4. Old bye laws copy

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