Tuesday, 5 May 2015

Casual vacancies in Managing Committee how to be filled in.

As per Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.
Rule No. 74. Casual vacancies how to be filled in. — In the event of vacancy occurring on account of death, resignation, disqualification or removal of the member of a society or through such a member becoming incapable of acting prior to the expiry of his term of office or otherwise, the Chief Executive officer of the Society shall forthwith communicate the occurrence of such vacancies to the SCEA and the vacancy shall be filled as soon as conveniently, according to the provisions of the Act. The person so elected or co-opted or, as the case may be, nominated shall hold office so long only as the member of the committee in whose place he is elected, is co-opted or, as the case may be, nominated would have held it, if the vacancy had not occurred
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30 comments:

  1. Unknown14 June 2015 at 09:30

    Visariya sir, a member in our society on 7th floor have given a complaint that there is a leakage in his flat from 8th (top) floor above his flat. We brought a local plumber known to society who has solved some leakages problem in our society. Plumber says that the leakage is from inside the flat on 8th floor exactly above flat on 7th floor. The member on 8th floor says that recently he has done repairing work. So leakage is not from his flat. Member facing problem on 7th floor says to to call for architect approved by society to ascertain the leakage. Now the some committee members say "who will bear the fees of architect?, Members of 7th and 8th floor find the solution themselves. What society will do?" I am one of the committee members. I want to know what is the role of committee here? Who will bear the cost of architect? Please advise me in this matter. So that I can tell the committee to act accordingly.

    ReplyDelete
    Replies
    1. Visariya16 June 2015 at 01:29

      As per model Bye-laws No 159(xiv) All leakages of water including leakages due to rain water,and leakages due to external common pipe line and drainage line repairs carried out by society at its costs. So society should do the repair ASAP

      Delete
    2. Unknown21 June 2015 at 04:39

      Thanks

      Delete
  2. Sanjay Risbood30 July 2015 at 02:01

    This comment has been removed by the author.

    ReplyDelete
  3. Sanjay Risbood30 July 2015 at 02:02

    Dear Mr. Visariya

    I have three questions regarding managing committee of the housing society.

    1. If the committe member resigns from the post, can a new committe member be nominated fro the eligible members of the society? If yest are there any authorities where this needs to be informed or if any advance permission from them is required.

    2. If the Chairman and the Secretary of the society resign can the new chairman and secretary be selected from the others members of the committee?

    3. When a post holder from a committee resigns from his post of chairman/ secretary/treasurer, does his resignation to be treated as only from the post or from the committee?

    Thanks and regards

    ReplyDelete
    Replies
    1. Visariya19 August 2015 at 06:48

      1. you have to inform your area Dy. Registrar of C.S to conduct election for MC members.
      2. No you have to take approval from Dy. Registrar of C.S.
      3. if he/she write that he/she resign from the post of C/S/T then only from this post else from post as well as MC member

      Delete
  4. Suraj Nair6 August 2015 at 03:13

    Dear Visariya Ji,

    Can a Associate Member become a Managing Committee member? Can he take post of chairman or secretary or treasurer? What are the procedures to follow?

    Thanks

    ReplyDelete
    Replies
    1. Visariya19 August 2015 at 06:25

      If associate member is joint owner of flat then he/she can else not

      Delete
  5. marina16 August 2015 at 10:14

    Dear Visariyaji,

    Can a associate member whose name is on the back of the share certificate and not the front (in short, who is an associate member by paying Rs. 100/- but not a joint owner) contest elections and be a part of the managing committee ?
    Much obliged for your patience.

    ReplyDelete
    Replies
    1. Visariya19 August 2015 at 06:02

      No. now as per State Co-operative Election commission this type of associate member can not contest elections

      Delete
  6. Unknown25 August 2015 at 23:13

    Dear Visariya Sir,

    Greetings from Navrang Cooperative Housing Society!

    We shall always remain thankful for the timely advice.

    1. As per the Government Notification for elections in Cooperative Housing Societies, our current Managing Committee that has not followed the Election Procedure in November 2014 has now been declared as NOT VALID by the Housing Societies Federation’s written communication.

    2. The Members and the Committee, after June 30, 2015, have written to the Registrar and SCEA for conducting elections in our society which has 20 members (out of which 3 are not members due to being absconding and/or not being accepted legal heirs with family disputes)

    3. Now, therefore, the Current Committee, will it be:

    a. A Caretaker Committee

    b. If yes, can it handle day to day expenses?

    c. Can it call for General Body Meetings?

    d. Can it give a NOC for a member that wants to sell his flat?

    e. Can it also effect the new member’s transfer?

    4. Our building, being in diplated condition, the General Body took a unanimous decision to go for major building repairs in February 2015.

    a. The repairs are to the tune of Rs. 39 lakhs and are already in progress (As per your last guidance, we have already completed the Structural Audit, appointed a PMC and gone through the tender process of 5 proposals)

    b. Can the current committee before new elections pay for such repair work through the society current account?

    c. The general body has again unanimously approved in a resolution in the meeting that the repair work must continue.

    d. The general body has also proposed a SPECIAL BUILDING REPAIR COMMITTEE which has members with relevant skills to ensure that the repair work goes on smoothly and is completed properly.

    i. This SPECIAL REPAIR COMMITTEE has members from the current Managing Committee and other members.

    ii. Can this SPECIAL REPAIR COMMITTEE be formed?

    iii. If yes, can this SPECIAL COMMITTEE pay the Contractor for Building Repairs?

    iv. If yes, how?

    Sir, we thank you as always for your guidance.

    Regards.
    Hemesh Shenoy

    ReplyDelete
    Replies
    1. Visariya26 August 2015 at 04:10

      Your Current Committee, will it be a Caretaker Committee. It can handle day to day expenses. It can call for General Body Meetings for different issue and show accounts. It can give a NOC for a member that wants to sell his flat, since it comes under day to day activity. It can also effect the new member’s transfer.

      For your building repair. first you have to approve it in AGM. After you get approval of AGM then you have to take Dy. Registrar C.S. approval since your present committee is care taker committee. and this is major repair work which can not do by care taker committee with out Dy. registrar approval

      Delete
  7. Rajan31 August 2015 at 11:11

    Dear Visariya Sir,
    We are a building of 160 flats should be having a managing committee of 13. 2 seats are vacant as no member is VNT and ST. There are 11 MC members.

    One general catogery member has resigned.

    I have 2 questions.

    1. What is the procedure to fill this vacancy.

    2. Also before filling this vacancy if 5 more members resign and only 5 MC members are left, will the committee be dissolved.

    Thanking you
    Regards
    Rajan

    ReplyDelete
    Replies
    1. Visariya2 September 2015 at 07:13

      1. you have to inform the Dy. Registrar of C.S. to appoint officer under his/her supervision you can fill the vacancy
      2. yes committee will dissolved if 5 member remain

      Delete
  8. Unknown2 September 2015 at 01:08

    Dear Visariya Sir,

    I have a flat in Neco nx viman nagar pune. I made a agreement with my tenanant on 10th may 2015 and submitted papers to society on 29th July 2015.

    On 28th July 2015 they put a penalty of rs.5000/- on me. Society people are saying this rule is there in society's rule book. when I ask them is it approved by Registrator . they said its not required. Sir now I am writing letter to Pune Co-operative commissioner. I would like to know to whom shold I send letter.

    is it correct.

    To,
    The Co-operative Society Commisioner,
    Pune District Co-Operative Housing Federation Ltd.
    Pune.

    ReplyDelete
    Replies
    1. Visariya2 September 2015 at 06:47

      Sir Correct address is as follow

      The Registrar of Co-op. Societies, Co-operative Societies Dept., Sakhar Sankul Bldg.,Pune – 411 005.

      Delete
    2. Unknown2 September 2015 at 07:14

      Sir One more question can I rent out my flat to students. they are students of symbiosis college.

      Delete
    3. Visariya2 September 2015 at 07:25

      yes. You can give to any person with registered Leave and License agreement along with local police Intimation.

      Delete
  9. Unknown4 September 2015 at 05:02

    Dear Sir,

    My flat is on 1st floor. And on ground floor bank is there.
    Bank people complaining that there is leakage from ceiling.
    And they are claiming that Exactly above Leakage place my 1st floor flat bathroom is there.

    Sir tell me how to proceed. Somewhere in the forum you mention that ceiling leakage repairing should be done by society.

    But bank people are saying since water leakage is from my bathroom i will have to bear 100% repairing cost.

    Sir waiting for your reply.

    Thanks

    ReplyDelete
    Replies
    1. Visariya18 September 2015 at 08:47

      you can ask society to do the repair work with their panel contractor If it is due to change made in your bathroom then you have to pay cost of repair. and if you keep bathroom asit is given by builder then society has to pay the charges

      Delete
  10. Unknown14 September 2015 at 05:05

    Sir, Can a committee member be a accountant of the same society, is there any law prohibiting him for being on committee?

    ReplyDelete
    Replies
    1. Visariya18 September 2015 at 01:56

      No he/she can not become accountant of the society As. per bye laws no 116 No officer of the society hal have any interest, directly or indirectly .

      Delete
  11. Unknown2 October 2015 at 12:58

    Sir pls guide me as my father expired in 2006 & we are having flat bought on his name in 2003 in co-op hsg society at Pune. But till we have to register his name on back of share certificate as those certificates were mortgage at bank & just now we got them cleared from bank. Also society transfer fee was given to society while buying flat. But now current mgmt is not supporting us in getting my father's name register on back side of share certificate. So pls guide me the procedure. - Vivek Todkari Contact No - 00975700227

    ReplyDelete
    Replies
    1. Visariya14 October 2015 at 01:36

      Sir, have you submitted the Transfer Set in 2003 if yes then their is no problem. Else now you have to give Death Certificate and then transfer the flat and share certificate in the name of Nominee.

      Delete
  12. Unknown12 November 2015 at 03:23

    I want to gift my room to my brother is there necessary to pay any transfer premium of rs 25000 .society demand 25000 .and they ask me to show rule

    ReplyDelete
  13. Visariya18 November 2015 at 03:28

    No.

    ReplyDelete
  14. Unknown18 November 2015 at 06:36

    Hi,
    I am elected as a treasure of my society, but I don't want to take charge because of audit not done for yr 2014_15. I want to know that is it possible to give resign before 01 Dec 15 when I have to take charge?
    Also please suggest whom to submit this? New or old committee and any valid reason fewer for resign except audit issue.
    Please suggest

    Regards

    Ganesh

    ReplyDelete
    Replies
    1. Visariya2 December 2015 at 03:46

      you can give resign to new chairman only.

      Delete
  15. CA RK Mutha3 April 2016 at 21:23

    This comment has been removed by the author.

    ReplyDelete
  16. Nitin Kumar Jain31 May 2016 at 21:51

    Dear Sir,

    Is there a limit to maximum members to be co-opted in the committee?

    ReplyDelete

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