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.

Working Duties, Type of work Done By Managing Committee

Managing Committee[MC] has to do following work from time to time for management of Society affairs.
1. To ensure to hold every month meeting of MC.
2. To raise Fund /Loan for the Society maintenance
3.To work out rate of following contribution and recommend it in General Body Meeting
   a. Sinking Fund
   b. Major Repair Fund
   c. Transfer of Flat Premium
   d. Common Electricity Charges.
   e. Service Charges
   f. Repairs & Maintenance Charges
   g. Non Occupancy Charges
   h. Parking Charges.
   i. Property Tax.
   j. Non Agricultural Tax.
   k. Water Charges.
   l. Late Payment Charges.
   m. Interest on Over Dues.
   n. Welfare Contribution. etc.
Committee prepares statement of Society Charges and place it before General Body for Approval
4. Makes decision of Investment of Fund, Utilization of Repair Fund from time to time
5. To consider and approve the expenses for the Society in last month
6. To consider and decide application of membership,associated membership and nominal membership
7. To consider nomination and revocation of nomination and record the same in minutes of MC Meeting.
8. To take care and action on Secretary Report in respect of inspection of flats.
9. To decide and consider various complaint done by the member.
10. To fix Society Charges on basis of proportion of flat area laid down in Bye-Laws.
11. To check position of recovery of Society Dues from member. To initiate action U/S 101 OF MCS ACT against default member
12. To ensure to hold AGM within the time i.e. on or before 14th August as per Bye-Laws.
13. To finalise the Agenda for AGM & SAGM
14. To call Special Annual General Meeting when it is required.
15. To keep update all Register , Records and other document which is necessary as per Bye-Laws
16. To make arrangement of Election of New Committee before expiry of the period. Submit M-20 Bond to Registrar office for New Committee member on Rs.100/- stamp paper for each committee member.
17. Secretary of the outgoing Committee shall prepare the list of papers and property of the Society in his/her custody and chairman of outgoing Committee hand over the charge of the office and all document to New Committee chairman.
18. To make selection of office bear of the Committee when it is vacant.
19. To consider resignation of a member of the MC.
20. To give document which is ask by member of the Society.
21. To consider resignation of a member of the Society.
22. To approve Investment in Bank.
23. To approve Accounts Report which is Audited.
24. To approve Audit Rectification Report on Auditor Remarks and submitting it to the Registrar
25. To operate Bank Account by joint signatures of Chairman and either by Secretary or Treasure from time to time.
26. To execute Deed of Conveyance of Land & Building in favour of the Society.
27. To take sufficient Insurance of Society Against Fire, Earthquake, flood and attacks
28. To take steps for maintenance of the Society Building.
29. To issue Show Cause Notice.
30. To give NOC for sale of Flat or give on sub-latting
31. To consider Transfer of flat application.
32. To consider Flat Mortgage application by member and give NOC for same
33. To do any other work, as per bye-Laws and Co-op law allows from time to time.
34. MC can decide for expulsion of member & can raise issue in General Body for Approval and then submitting it to the Registrar for Approval.
35. To make proposal before General Body for Amendment of Bye-Laws.
36. Call for General Body Meeting to pass Resolution for Changes of Bye-Laws as per order of the Registrar 

Cessation of Membership [Nominal Member]

A nominal member cases to be nominal member under the following circumstances.
1. On his/her death.
2. On his/her resignation [after its acceptance by the committee]
3. When the original member ceases to be member.
4. If the nominal member is a sub-lettee, after the expiry of the period of subletting.
5. If there is a nominal member, occupying the flat on behalf of the Trust, Firm, Company or Any other Body Corporate on intimation from the original member of termination of the occupant's nomination.

Cessation of Membership [Associate Member]

An associate member of a housing society ceases to be an associate member under the following circumstances.
1. By resignation- Resignation will come into effect only after resignation is accepted by the committee.
2. On the death of a  associate member.
3. When the original member ceases to be a member.

Cessation of Membership [Original Member]

A member of a housing society ceases to be a member under the following circumstances.
1. By resignation- Resignation will come into effect only after resignation is accepted by the committee.
2. On the death of a member.
3. On the transfer of  the member's all shares and interest in the capital / property of the society.
4. On the expulsion of the member from society and this resolution is accepted by Dy./Asst.Registrar of C.S.
5. When a member is declared as an insolvent or legally disable from continuing as a member.
6. When the whereabouts of the member are not known for seven years and his/her property is not claimed by anybody else.
7. When the member loses his/her interest in the property in pursuance of attachment / sale of his/her property.
8. When any Trust, Company, Firm or Corporate Body who is member of society is dissolve.

TAKING LOAN ON FLAT

TAKING LOAN ON FLAT FOLLOWING STEPS IS TO CONSIDER 

1. No member of society shall assign ,can take any loan or mortgage  or any charge on his/her flat from any Financial Institutions / Bank without the previous written permision  from society committee.
2. Society should give the NOC as per format given by  Financial Institutions / Bank  by adding the following clause or point in NOC format at the end in BOLD & CAPITAL  Latter which is as follow "SOCIETY OR IT'S ANY OF OFFICE BEARERS  SHALL NOT LEGALLY AND FINANCIALLY RESPONSIBLE FOR REPAYMENT OF THIS LOAN AND SOCIETY WILL MAKE LIEN ON THIS FLAT WHEN COPY OF REGISTER MORTGAGE DEED IS GIVEN BY FINANCIAL INSTITUTIONS / BANK TO THE SOCIETY ELSE SOCIETY WILL NOT  MAKE ANY KIND OF LIEN ON THE FLAT "   This point or clause should insert in the format since as per Model Bye-Laws No. 38[e][iv] any kind of Transfer [excluding Death Transfer] must be done by Register Document. If any Stamp Duty loss will find by Collector of Stamp then that will recover by either member of Society or from Society. So without Register Mortgage deed Society should not make any Lien on the flat. Since many  Financial Institutions / Bank may argue that they have exemption for register mortgage then ask them to produce that latter given by Inspector General Of Stamp , Maharashtra OR Collector of Stamp. Since they do not give any exemption to any one but all this   Financial Institutions / Bank  give wrong information and try to reduce their work. If some inquiry come regarding Loss of Stamp Duty then Society will come in Problem.  
3. If society can not respond regarding written permission to member, member may approch to Dy. /Asst. Registrar of society and ask them to give order to society U/S 79[2] for giving permission
4. If member want to mortgage his/her flat for Education purpose , Medical treatment purpose or some argent need ,etc for that managing committtee can call argent meeting/ circulating meeting and give the NOC with in  7 days of application as per formate  issue by  any Financial Institutions / Bank.
5. If committee can not give this NOC then member may approch to  Dy. /Asst. Registrar of society and ask them to give NOC by appointing Officer from the office  U/S 79[2] and [3] . Financial Institutions / Bank has to consider this NOC and take Indemnity Bond form that member.
6. Society has to maintain the record of member who take loan / mortgage his/her flat on Mortgage Register from the date of taking loan. Society must keep copy of NOC given to member for taking loan on the flat from any  Financial Institutions / Bank in Mortgage Register. Society also must take Latter from the Financial Institutions / Bank  who give loan to member regarding fill the detail in Mortgage Register and ” I” Register. As soon as loan repay and society get latter from Financial Institutions / Bank regarding this repayment of loan society must update the same in both Mortgage Register and ” I” Register.
7. As per Bye-Laws No 45 providing that such permission of the society will not be required for assigning, mortgaging or creating any charge on occupancyright in the flat for the purpose of obtaining loan, either for purchase of the flat or for liquidating the libility incurred by him/her for the said purpose by way of loan or advance from the employer of the member or from the Life Insurance Corporation of India[LIC] or from a Bank or the Society or any other agency approved by the Commissioner for Co-operation and Registrar,Maharashtra State,Pune.

                     

CHECKLIST OF TRANSFER DOCUMENT FOR DECEASED MEMBER TO NOMINEE / HAIRS OF FLAT TO BE SCRUTINIZED BY THE SOCIETY

Date-

TRANSFER OF FLAT / UNIT NO.:-                                                                                                   

PREVIOUS TRANSFER DATE:-

SHARE CERTIFICATE NO.:-

NAME OF THE DECEASED MEMBER:-

NAME OF THE NOMINEE / HAIRS.-

DUES INCLUDING REPAIRS CLEARED VIDE RECEIPT NO. :   ___________ ON: __________

CASE NO.1

DOCUMENTS SUBMITTED WHEN NOMINATION IS REGISTER WITH SOCIETY

1.                  Application for Membership Form No.15                                                 YES / NO

2.                  Undertaking on Rs.100/- Stamp Paper to use the flat for

       the purpose for which it is allotted Form No. 4                                         YES / NO

3.                  Form of Nomination. Form No 14                                                            YES / NO

4.                  Indemnity Bond on Rs. 200/- Stamp Paper duly                                        YES / NO

Notarized [as per Form No19-B]

5.                  Affidavit On Rs. 100/- Stamp Paper  duly Notarized                                 YES / NO

[To be given if there are more nominees than one]

6.                  Cheque for Entrance Fee Rs. 100/-                                                           YES / NO

7.                  Certified True Copy of the Death Certificate                                              YES / NO

8.                  Original Share Certificate                                                                           YES / NO

9.                  Original Nomination[maid by deceased member] copy                               YES / NO

10.              News paper ads [after 6 months of death]                                           APP/ NOT APP

11.               Undertaking on Rs.100/- Stamp Paper to discharge the Liabilities

of the society if the Prospective Member is a non-earning person

by earning family member Form. No. 5                                                     YES / NO

12.               Does the member have any other flat?                                                      YES / NO.

13.            Has he/she cleared all the dues of the other flats

    Belonging to him/his sister concern?    YES / NO                                                                           

14      Has Transferor keep any sub-let/Paying Gust?                                             YES / NO

15      Has it submitted Reg. Leave & licensee Agreement?                                    YES / NO

16      If Not then Indemnity Bond cum Affidavit on Rs.200/- Stamp Paper            YES / NO

          duly Notarized                               

CASE NO.2

DOCUMENTS SUBMITTED WHEN NOMINATION IS NOT REGISTER WITH SOCIETY

01     Application for Membership Form No.17                                                  YES / NO

02     Undertaking on Rs.100/- Stamp Paper to use the flat for

   the purpose for which it is allotted Form No. 4                                           YES / NO

03     Form of Nomination. Form No 14                                                             YES / NO

04     Indemnity Bond on Rs. 200/- Stamp Paper duly                                         YES / NO

         Notarized Form No19-B

05     Affidavit On Rs. 100/- Stamp Paper duly Notarized                                   YES / NO

         [to be given if there are more nominees than one]

06    Objections Notice in  2 NEWS Paper by Advocate.                                    YES / NO

         as per Form No.16

07    Advocate Report along with 2 copy of each NEWS Paper                          YES / NO

08    Cheque for Entrance Fee Rs. 100/-                                                             YES / NO

09   Certified True Copy of the Death Certificate                                                 YES / NO

10   Original Share Certificate                                                                              YES / NO

11   Undertaking on Rs.100/- Stamp Paper to discharge the Liabilities

       of the society if the Prospective Member is a non-earning person

       by earning family member Form. No. 5                                                        YES / NO

12   Does the member have any other flat?                                                         YES / NO.

13   Has he/she cleared all the dues of the other flats

 Belonging to him/his sister concern?                              YES / NO                                                                          

14   Has Transferor keep any sub-let/Paying Gust?                                              YES / NO

15   Has it submitted Reg. Leave & licensee Agreement?                                     YES / NO

16   If Not then Indemnity Bond cum Affidavit on Rs.200/- Stamp Paper             YES / NO

       duly Notarized                               

Note:

1.      On the death of member society has to inform the Nominee in written in 1 month after the death of the member that nominee has to transfer the share with in 6 months from the death of member and produce the document as per Case No 1. If there is no nominee register in Nomination Register of society than then society has to inform the all person of that flat to produce the document as per Case No.2 

2.      If will is done then in both case society has to transfer as per will and follow the process as nomination is done. Get the will certified copy.

3.      If nominee come after 6 months from the death of member then society have to give paper advertise in 2 paper asking any claim on that flat

4.      If no nomination done by member than paper advertise for asking objection by Advocate is must and along with advocate report 2 copy of that 2 news paper must be keep with society

SCRUTINIZED AND SIGN BY-

CHAIRMAN                         SECRETARY