The government puts off coop society polls by a Year
Link:- http://epaper.dnaindia.com/
Link:- http://epaper.dnaindia.com/
Sunday, 29 December 2013
Thursday, 26 December 2013
LOOK BEFORE YOU SIGN A RENT AGREEMENT
LOOK BEFORE YOU SIGN A RENT AGREEMENT
When Mr. A finalized the house he wanted to rent in Pune a year ago, he thought he would stay there for 2-3 years till he bought his own house. He had agreed to pay a monthly rent of Rs.5,000 and furnished Rs.50,000 as deposit money.
However, six months later, the Owner/landlord wanted to increase the rent by Rs.500 as the rentals in the area had gone up. “My landlord told me that such an increase was the norm, and since nothing was mentioned in the lease agreement, I had little option but to pay the additional money”, he adds.
Mr. A could have avoided this hassle if he had scrutinized the rent agreement carefully and made changes that could have served his interests better. However, most tenants are not even aware of the points that should be included in the rental agreement. Here are the things you should check while sifting through the contract.
IS THE LESSOR THE ACTUAL OWNER?
Before you sign the agreement, be sure that the person you are transacting with is the actual owner of the property. Often, NRIs or investors hand over their property to caretakers, who may lease it to a third party without the knowledge of the owner.
So, you should verify the title documents, such as the sale deed and share certificate, besides obtaining a no-objection certificate (NOC) from the housing society where you want to lease the property. If the apartment is mortgaged, the original sale deed will be in the custody of the bank. In such case, an NOC should be obtained from the bank. This will mention the rightful owner’s name. Tenants should be wary of arbitrary eviction if they deal with an unsolicited party. A case of trespassing can be filed against such a tenant if he refuses to vacate within the given time frame. The tenant cannot challenge eviction in this case.
WHAT DOES THE RENT AGREEMENT CONTAIN?
A rent agreement includes the terms and conditions under which the property is given on rent. It specifies the rent value and the tenure for which the agreement is made, as well as the security amount that needs to be deposited with the Owner/landlord by the tenant. The agreement should also clearly mention the day before which the rent
is expected to be paid, if paid. If the tenant fails to pay the rent before the predetermined period, the penal charges that he would be liable to pay should also be defined in the agreement. The rent agreement could also mention the facilities, such as parking space or the usage of society’s gym, included with the property. There could also be additional monthly charges, such as the society maintenance charge and club fee. It is best if the additional charges for using such facilities are clearly spelt out, along with the person who is supposed to bear them.
The tenure of a rent agreement is usually 11 months, unless otherwise specified in the contract. It is mandatory for the owner to get the document registered and do the Police Verification of Tenant family.
The agreement should also specify the notice period and penalty for cancelling the agreement without completing the specified period. Typically, a two month notice is served in case of high rental properties, while one month’s notice is sufficient for low rental ones.
WHAT SHOULD YOU CHECK?
A tenants should verify whether the owner has included a rent escalation clause in the lease agreement, which could be used to increase the rent after couple of months. The best way to safeguard yourself is to ensure that the agreement specifies the dates on which the rent escalation will be applicable and the percentage of
increase
You should also make sure that there is a clause on the sale of the house. If the owner decides to sell the house during the term of the rent agreement, you should know how many months you get to search for another accommodation.
It is also important to check that all the appliances and the connections in the house are working properly before you sign the agreement. Usually, minor repair work for installed electrical appliances is the responsibility of the tenant and he has to pay for them. However, if the property is damaged because of negligence on your part,
the landlord can rightfully use security money deposited with him for carrying out the necessary renovation.
You also have the right to see the documents that prove all previous bills related to the house have been paid, especially the electricity, water and gas bills. While you are at it, make sure to peruse the papers that state the property tax has been paid by the Owner/landlord.
When Mr. A finalized the house he wanted to rent in Pune a year ago, he thought he would stay there for 2-3 years till he bought his own house. He had agreed to pay a monthly rent of Rs.5,000 and furnished Rs.50,000 as deposit money.
However, six months later, the Owner/landlord wanted to increase the rent by Rs.500 as the rentals in the area had gone up. “My landlord told me that such an increase was the norm, and since nothing was mentioned in the lease agreement, I had little option but to pay the additional money”, he adds.
Mr. A could have avoided this hassle if he had scrutinized the rent agreement carefully and made changes that could have served his interests better. However, most tenants are not even aware of the points that should be included in the rental agreement. Here are the things you should check while sifting through the contract.
IS THE LESSOR THE ACTUAL OWNER?
Before you sign the agreement, be sure that the person you are transacting with is the actual owner of the property. Often, NRIs or investors hand over their property to caretakers, who may lease it to a third party without the knowledge of the owner.
So, you should verify the title documents, such as the sale deed and share certificate, besides obtaining a no-objection certificate (NOC) from the housing society where you want to lease the property. If the apartment is mortgaged, the original sale deed will be in the custody of the bank. In such case, an NOC should be obtained from the bank. This will mention the rightful owner’s name. Tenants should be wary of arbitrary eviction if they deal with an unsolicited party. A case of trespassing can be filed against such a tenant if he refuses to vacate within the given time frame. The tenant cannot challenge eviction in this case.
WHAT DOES THE RENT AGREEMENT CONTAIN?
A rent agreement includes the terms and conditions under which the property is given on rent. It specifies the rent value and the tenure for which the agreement is made, as well as the security amount that needs to be deposited with the Owner/landlord by the tenant. The agreement should also clearly mention the day before which the rent
is expected to be paid, if paid. If the tenant fails to pay the rent before the predetermined period, the penal charges that he would be liable to pay should also be defined in the agreement. The rent agreement could also mention the facilities, such as parking space or the usage of society’s gym, included with the property. There could also be additional monthly charges, such as the society maintenance charge and club fee. It is best if the additional charges for using such facilities are clearly spelt out, along with the person who is supposed to bear them.
The tenure of a rent agreement is usually 11 months, unless otherwise specified in the contract. It is mandatory for the owner to get the document registered and do the Police Verification of Tenant family.
The agreement should also specify the notice period and penalty for cancelling the agreement without completing the specified period. Typically, a two month notice is served in case of high rental properties, while one month’s notice is sufficient for low rental ones.
WHAT SHOULD YOU CHECK?
A tenants should verify whether the owner has included a rent escalation clause in the lease agreement, which could be used to increase the rent after couple of months. The best way to safeguard yourself is to ensure that the agreement specifies the dates on which the rent escalation will be applicable and the percentage of
increase
You should also make sure that there is a clause on the sale of the house. If the owner decides to sell the house during the term of the rent agreement, you should know how many months you get to search for another accommodation.
It is also important to check that all the appliances and the connections in the house are working properly before you sign the agreement. Usually, minor repair work for installed electrical appliances is the responsibility of the tenant and he has to pay for them. However, if the property is damaged because of negligence on your part,
the landlord can rightfully use security money deposited with him for carrying out the necessary renovation.
You also have the right to see the documents that prove all previous bills related to the house have been paid, especially the electricity, water and gas bills. While you are at it, make sure to peruse the papers that state the property tax has been paid by the Owner/landlord.
Wednesday, 11 December 2013
Sunday, 1 December 2013
Circular for Clarification of submission of M-20 Bond
Circular for Clarification of submission of M-20 Bond.
Wednesday, 20 November 2013
Understanding of Area in a Housing Society
Super Area : There is no official definition of or method to
calculate the super area of a flat in a group housing project. The super area
of a flat is the sum total of the area it covers and the owner’s share in the
total common area of the project.
Covered Area : The total area under the roof of a flat is
called the covered area. This is also called the plinth area and includes
everything such as area of the wall, shaft, staircase, corridor, balcony area,
lift, lift well, water supply installations, garbage chute, firefighting, air
conditioning, etc.
Carpet Area : According to the Bureau of Indian Standards
the carpet area will mean the floor area of the usable rooms at any floor
level. So, covered area – wall (doors),pillars, supports, built-in cupboard,
almirah etc. equals carpet area.
Built-up Area : The built-up area in a group housing project
includes vertical and horizontal expansion. All covered and common areas are
part of the built-up area. Built area is equal to the total FAR a developer is
allowed to cover.
Common Area : Facilities and areas that all apartment owners
in a group housing project can access are called common areas. Corridor,
passages, staircase,Underground/overhead water tanks, stair cover, entrance
lobbies, club etc. are common areas.
Saturday, 16 November 2013
NON-OCCUPANCY CHARGES, IN A SOCIETY:
NON-OCCUPANCY CHARGES, IN A SOCIETY:
01. CRITERIA FOR LEVY OF NON-OCCUPANCY CHARGES:
a) A person purchases a flat in a CHS for his own residential usage. He (as Member) is bound by law to pay the Society Maintenance Charges, for his flat when he is personally residing or even if the flat is kept locked.
This means that even if the member is keeping his flat locked at all times, when he stays in Dubai, the member has still to pay the "FULL" Society Maintenance Charges, without any concessions.
UNDERSTANDING IT VERY SIMPLY:
b) Members flat Closed / Locked / Vacant / not occupied for any period = is equal to Self Occupied,
WHICH is further equal to = Regular full maintenance charges and non-occupancy charges cannot be levied.
Criteria = Possession should remain with the Member itself. Period.
c) Members flat occupied by non-family members, that is Rentees / Leasees / Licensees = is equal to "non self-occupancy" which is further equal to = compulsory levy of non-occupancy charges subject to a FIXED “10% of the consolidated Service Charges” (excluding Statutory Taxes).
Criteria = Possession should remain with the "Renter / Tenant"
d) Family Member means: Group of persons which includes Husband, Wife, Father, Mother, Sister, Brother, Son, Daughter, Son-in-Law, Brother-in-Law, Sister-in-Law, Daughter-in-Law, and Grandson & Grand-Daughter.
Non-Occupancy Charges CANNOT be levied to the above family-members of the bonafide Member. However, intermittent joint-stay of other family members OR friends, will not attract Non-Occupancy Charges.
e) FLATS IN THE NAME OF TRUSTS /CORPORATES
In case of CHS Flats owned by Trusts or Corporate’s, Non-Occupancy Charges CANNOT be levied on the Guests staying in such flats.
Guests = Bonafide Staff members (Directors, Executives, Managers and so on)
HOWEVER, for this the Company should submit a Board of Directors (BOD) resolution, to the Society detailing the name of person who is authorized to stay in the flat. Besides the BOD resolution, the company NEED NOT submit any other document (means Form-Appendix no. 27 or Form-Appendix no. 11, or 100/- as Nominal Membership fees or Notarized photocopy of the Leave & License (L&L, Rent) Agreement or Police verification Report of its staff).
A Company-Owned flat cannot be used as a regular Transit / Guest house
f) Similarly a individual owner-member, may also give his Flat on rent /lease to a Corporate, BUT subject to compliance and requirements of the CHS bye-laws (more specifically detailed in point no. 03, below).
However, here the Corporate CANNOT use this tenanted flat, as a Transit / Guest House, for its Staff members.
02. NON-OCCUPANCY CHARGES FIXED at 10% :
The Society is concerned only with the FIXED 10% extra charges, over the regular service charges, as "Non-Occupancy Charges" and STRICTLY NOTHING beyond this. There is no concept of less than 10% or greater than 10% non-occupancy charges. Any amount (whatsoever) collected, besides the FIXED "10% Non-Occupancy Charges", is ILLEGAL, and is duly prosecutable under the Consumer Protection Act and also under the Indian Penal Code (Criminal Acts)
03. JURISDICTION OF A SOCIETY:
IF a Owner-Member wants to rent /lease out his flat THEN he is obliged to comply with the basic requirement under the CHS bye-laws. A Society is concerned only with compliance of the Bye-Law norms, which means:
a) Prior permission of the Society vide Bye-Law form-Appendix no. 27.
b) Form-Appendix no. 11, along with cheque of Rs. 100/- as Nominal Membership entrance fees
c) Certified Photocopy of the Leave & License (L&L, Rent) Agreement, duly Stamped and Registered.
d) Police verification Report of the Tenant
NOTE: Even if the above Form no. 27 and Form 11, are not submitted to the Society, it does not "illegalize" the Tenant, nor does the Tenant become a "trespasser", as is hallucinating thought off by various ignorant MC's.
Subsequent to the above and /or irrespective of compliance of Form no. 27 and Form 11, the Society is liable and responsible to levy a FIXED "10% Non-Occupancy Charges", on the regular Society Service /Maintenance charges, in the society bill of its own registered primary member, but to the exclusion of Statutory charges (e.g. BMC Property Tax, NA Tax, BMC Water Charges). IT will be illegal on part of the Mg. Committee, to raise CHS Maintenance bills in the name of the Renter /Tenant.
NOTE: Levy of “Non-Occupancy Charges” are Mandatory and Compulsory. IF the Mg. Committee (MC) fails to levy the Non-Occupancy Charges to the member, THEN all the MC has to jointly compensate the CHS, by paying the same from their own pockets, for non-compliance and violation of bye-law no’s. 43(1) & 43(2) & 20
04. COMMON SERVICES & AMENITIES:
The Society is classified as a "Service Provider", under the Consumer Protection Act, which is further reinforced from several Judgments of the Consumer Court.
The Sole-Responsibility of a Coop. Society, is to provide "Common Services & Amenities", to its members, which also lawfully means "Common Services & Amenities" to the Tenants of its members, which is more so specifically in lieu of the "10% Non-Occupancy Charges" that the Society has to mandatorily collect from its original member. Under no circumstances the Society may levy any charges, directly to the Tenant. Under no circumstances, the Society may stop any “Services /Amenities” to the said Renter /Tenant, which includes Car Parking, irrespective of an resolution passed by the Society.
05. RENTER /TENANT equals to "NOMINAL MEMBER":
a) A licensed Tenant of the original Society member, is classified as a "Nominal Member", who by legal default derives rights to reside in a society members flat. The "Nominal Membership" is to be granted to the Tenant, by virtue of the Rs. 100/- (as nominal members Entrance Fees). However the Tenant derives no right to have any say in the affairs of the Society.
b) IF the original member is paying the mandatory "10% Non-Occupancy Charges", THEN the "Tenant", definitely & lawfully derives all the rights to use the "Services and Amenities" that is available to the original member. This includes Parking, Gym, Club-House & Swimming pool facilities. The usual rights of "Services and Amenities", CANNOT be deprived to a Tenant, even if such an resolution is passed by the Society General Body. This is successfully prosecutable in the Consumer Court.
HOWEVER, the Tenant (nominal member), does NOT derive any right to have any say in the management of the Society, more so specifically during the Voting / Contesting Elections / Attending AGM /SGM of the Society, as provided under the Society Bye-Law.
06. SOCIETY “NOT” THE OWNER OF FLAT:
a) The Society does not own the members Flat (ownership property). The Society cannot have a say (whatsoever) nor decide on the type of Tenant that could be allowed to stay in the Society. It is the sole discretion of the Flat-Owner (member) to rent his property out on rent /lease, under the appropriate terms and conditions prescribed by the Law. ONLY the flat owner can decide the type of tenant he wants to rent out his premises, BUT within the parameters of Law (i.e. cannot rent out his premises for commercial or illegal activities and so on).
b) A Society has no legal jurisdiction to refuse residing rights to a Tenant, under any circumstances, especially in a flat owned by its member. This is a legal fact, decided in various orders by the High Court and the Supreme Court.
c) A Society cannot refuse a member from keeping a Tenant, even if the member is a defaulter or whatever. The maximum a Society can do is to inform the local Police Station, about any illegal activities being carried out in the members flat, by the Tenant or the Member. Nothing more. Even if the Flat-Owner (Member) has not taken permission from the Society for keeping a Tenant, in his own Flat, it will not amount to any illegality, nor can the Tenant be classified as a "Trespasser".
d) Some nefarious MC's have assumed the role of "investigating" the Tenants, by conducting interviews of the Tenants. Such interviews or assessment of the Tenants are illegal.
07. CRIMINAL LIABILITY ON THE SOCIETY MC:
Irrespective of any resolution passed in the Society:
a) It is a Criminal offence to collect any charges in the guise of "Shifting Charges", or "Tenancy Deposit" or higher non-occupancy charges, over and above the mandatory 10% Non-Occupancy Charges on the Society Service /Maintenance charges.
b) A Society is not entitled to levy compounding rate of Interest, on any outstanding amount.
c) False levy of any other amount or charges in the Members bills
d) Levy of any Legal Charges in the Members bills, without a judicial order.
e) MC's cannot restrict or restrain or intimidate any Tenant from staying in a Housing Society, subject to compliance of minimum requirements, i.e. Registered Leave & License agreement and Tenants Police verification report.
f) MC's can be criminally prosecuted for Mischief, Cheating, Restraining, Restricting, Intimidating, Threatening, Insulting, and so on, for restricting /prohibiting tenants, from residing in a Society.
08. OVER-CHARGING “NON-OCCUPANCY CHARGES”:
IF the society is charging more than 10% non-occupancy charges THEN the following individual and alternative remedies are available:
a) Make a written complaint to the area Ward Registrar of Cooperatives, and pray that the CHS may be directed to refund the excess “non-occupancy charges” alongwith with interest .AND. further pray that the MC may be penalized for abuse of power and harassment.
NOTE: Only a bonafide member can file this complaint.
ADDITIONALLY ALONGWITH ABOVE:
b) Make a complaint to the local Consumer Court, alleging "deliberate negligence and deficiency in services and over-charging" .AND. for abuse of power and harassment by the CHS Mg. Committee and pray for compensation for causing mental and physical trauma .AND. also for damages to the extent of the over-charged Non-Occupancy Charges” alongwith 18% thereon.
NOTE: Tenant can file complaint, BUT only with the written consent of the Owner-Member and subject to availability of a duly stamp-duty paid and registered rent /lease agreement
MORE ADDITONALLY ALONGWITH ABOVE:
c) File a written police complaint.AND / OR. lodge a “Private Criminal case” with the local Metropolitan Magistrate’s Court, against all the CHS Mg. Committee members (jointly) for, the various criminal harassments, like :
i) For Cheating – u/s 418 (IPC)
ii) For Mischief – u/s 427 (IPC)
iii) For Intimidation – u/s 503 , 504, 509 (IPC)
iv) For Extortion – u/s 383 (IPC)
v) For Restraining (stopping) – u/s 339 (IPC)
NOTE-1: All the options (a, b, c) can be filed individually and simultaneously
NOTE-2: IMPORTANT - Must follow due documentary procedures alongwith relevant documentary evidences (proofs), before initiating above legal actions.
NOTE-3: The Tenant alone can file this complaint, WITHOUT the consent of the owner-member, but subject to availability of a duly stamp-duty paid and registered L&L agreement.
09. PRESUMED NUISANCE, BY TENANTS:
a) Sometimes, the Society does experience nuisance from Renters /Tenants, in the form of Rowdiness, Alcoholism, visiting girl-friends of the Tenants, playing of Loud Music, etc.... HOWEVER these can never ever be a ground for restricting /prohibiting Tenants, since all these nuisances are rampant and unchecked, amongst the Society members themselves. It is a routine feature amongst Society Members, to bicker and fight for petty things, which includes, Ogling, Bitching, Parking, Drunkenness, Gambling, Spitting Pan juice, Loud music, Abuses & Dada’giri, misappropriating members funds, egoistic power-struggle and what-not's.
b) On the Contrary, the Tenants who being non-owners of the rented premises, are usually more humble and subdued, keep unto themselves and never interfere in the affairs of the Society or any of its members.
10. LEGAL BYE-PASS:
Subject to duly executing a Registered Leave & License agreement and Tenants Police verification report, the following can ALSO be successfully complied:
a) Under a typical Bye-Law, an Associate Member is not barred from Staying in the Member's Flat
b) Limited to filing Bye-Law appendix no. 7, (alongwith Rs. 100/- as Associate Member Entrance Fees) the original owner can make his "Tenant" as his Associate member.
Note: Associate Membership can be withdrawn, by just simply instructing the Society for withdrawing the Associate Membership. There is no legal-lacunae or legal-risk (whatsoever), since this type of Associate membership, has negligible rights.
c) A Society CANNOT charge 10% as Non-Occupancy Charges, from an Associate Member.
d) A Tenant can lawfully, be made an Associate Member.
11. BACHELOR TENANTS CANNOT BE BANNED:
a) The inbuilt craving to formulate Laws to govern & control other members, lead to ignorant MC's and GB General Body (GB), to pass "illegal & invalid" resolutions, for "Prohibiting /Banning Bachelor Tenant", from staying in a Society. Such "selective & prohibitive" provisions /bye-laws created /amended under a "bye-law" approved /passed by the GB, is also "illegal & invalid", leading to animosity and discontent in the Society, which also means "failure of the Cooperative Movement". AS IT IS, the Society or the MC or the GB is a "nobody" or say "does not have the "Capacity or Capability" to decide the legalities of such things for which there are various Laws available. The Society MC or the GB are not "Lok Sabha" members or Parliamentarians who are empowered to pass Laws.
b) If ignorant & nuisance GB resolutions have their whimsical ways in a Cooperative Housing Society, then one can also expect that the ignorant GB may pass resolutions for compulsory marriage between the members (as is a custom in some Indian culture) .OR. "compulsory sale" of flats in case the owner becomes a Widow. This is more so since some nefarious MC's and their cronies, are in a way, controlling the strings in a GB meeting.
12. SHYING AWAY FROM COOPERATIVE SOCIETY:
Looking at the consistent nefarious attitude of few MC's and herd-mentality GB's, Investors are avoiding investing in Housing Society properties. On realizing the nefarious management attitude in a Housing Society, some people have started registering their group properties, under the concept of a "Condominium", which truncates out the nefarious management attitude in a Housing Society. A condominium management is highly flexible and more easily, peacefully & professionally manageable, WITHOUT the usual bickering & bitching that is rampant in present Housing Society’s.
13. MH Govt. GR No. 20081104172832001 of 01st August, 2001:
BESIDES, the Maharashtra Government’s GR No. 20081104172832001 Dated 01stAugust, 2001, on “10% Non Occupancy Charges”, the Coop. Dept., has made no provision for Penalty and /or Penal Action under the Cooperative Laws, on those Society Mg. Committees, who dictatorially collect more than 10% as “Non Occupancy Charges”, from the helpless members of the Society, thus leading to discontent, resentment and gradual failure of the Cooperative Movement.
Source courtesy: - Hemant Agrwal
Friday, 15 November 2013
Circular for LBT for Conveyance Deed [Normal /Regular Conveyance Deed]
Circular for LBT for Conveyance Deed [Normal /Regular Conveyance Deed]
Thursday, 14 November 2013
Tuesday, 5 November 2013
PARKING SPACE & CHARGES
PARKING SPACE & CHARGES (Open, Stilt or Whatever)
1. WHO OWNS THE CHS PARKING SPACE ?
a) The CHS "Solely" owns the common spaces (Stilt, Open or whatever)
b) The members DO NOT own the common spaces (Stilt, Open or whatever)
c) Allotment of Parking space is a "Administrative function" and "ONLY & ONLY" the MC has jurisdiction & is empowered to allot the parking space allotment to its own Registered members
d) The GB is not empowered to decide or allot parking spaces.e) Registered members include family members and associate members
f) Parking is NOT a RIght of the member and at the most can be an extended humanitarian facility to the CHS members.
g) Tenant's are Nominal Members AND HAVE NO RIGHTS OF A REGULAR MEMBER, which includes having NO RIGHTS of parking in the CHS premises. However, at the discretion of the MC, parking can be an extended humanitarian facility to the nominal members.
h) Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable, as upheld by the Supreme Court in the case of Nahalchand vs. Panchali CHS.
i) The Idiotic bye-law provision pertaining to Parking "RIGHTS" is a gross violation of the various BMC & Fire act rules and has got no force of law, in Court of Law.
2. CAN THE MC REFUSE TO ALLOT PARKING SPACES to its members ?
a) Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as sanctioned by the civic body (like BMC)
b) AND under the Development Control rules (DC rules)
c) AND under the Fire Act rules
d) The MC is bound to "NOT" violate the LOP & DC Rules & Fire Act rules, regarding the way common spaces are to be maintained.
e) IF the MC strictly goes, by all the Laws, then the MC may refuse parking spaces to ANY & ALL of its CHS members, due to the various parameters of various Laws.
3. WHAT IS THE TYPICAL PARKING CHARGES LEVIED BY CHS ?
a) Only the First Registered member / Associate member may attend GB meetings, Propose & Second the agenda resolutions, for the rules applicable to themselves.
b) The Nominal member CANNOT attend GB meetings or Propose or Second or Resolve or vote which includes Parking charges.
c) Parking charges may be determined amongst the GB members, directing the MC to implement the GB directions.
d) Parking "charges" are not equivalent to Parking "penalty" for violations of Parking spaces & usages.
e) Parking charges may be from 10/- to 10,000/- or anything per vehicle, per month, BUT as decided by the GB, BUT this is again applicable "ONLY" to Registered members including his family members and associate members.
f) Nominal member is not a Registered member. Hence parking charges do not apply to him. Hence Parking space can be denied to Nominal members, even if parking space is alloted to a Registered members including his family members and associate members, since Parking space is not a right granted to the registered members.
4. WHAT IS A "PENALTY"
a) Penalty is a "Fine" for violations of the CHS rules & conditions "AND" resolutions passed in the GB directing the MC to implement the GB directions applicable to themselves.
b) Penalty amount may be Pre-fixed and decided by the GB.
c) However, by virtue of elections and the Indeminity Bond u/s 73, the MC has been granted discretionery powers to levy Penalty for "any other violations" by the CHS Members, Staff, etc.... Such Penalty amount can be spontaneoulsy decided & implemented by the MC without taking the GB approval.
d) In case of dispute of Penalty amount levied by the MC, the member may approach the local Ward Deputy Registrar of Coop, for redressal of his grievances.
5. RESPONSIBILITY OF PARKING SPACES.
a) The MC is responsible for the upkeep & safety of the Parking spaces and for the safety of the members Parked vehicles.
b) By law, the MC cannot say "Parking at owners risk". This is invalid under the Law.
c) The member who parks his vehicle with the permission of the MC and pays Parking charges, can file Civil Cases, Criminal Cases and Consumer Court cases, against the CHS, for ANY "Negligence & Deficiency" in parking facility, vehicle damages etc....
d) The MC is liable to provide Common area lights, Security services to the CHS common areas, Sweeper charges to the parking area, path-way repair & maint. etc...
6. CAN PARKING DEPOSIT BE COLLECTED ?
a) Parking space is a Common area and Deposit for Parking space cannot be collected, even if passed by the GB.
b) However, by Law there is no restrictions as yet, on Parking Deposit, but subject to mutual consent by ALL members.
c) Deposit means refundable, interest free, or whatever.
7. HOW TO ALLOT PARKING SPACES
a) Depending on the number of lawful Parking spaces (under BMC rules) and number of member vehicles, Parking space may be tentatively alloted on yearly Rotation usage system, which depends on cyclic First Apply First Allotment system.
b) More than one parking space may not be alloted to a member IF other members parking requirements are not fulfilled.
Sunday, 3 November 2013
Online Application for Adjudication & Refund of Stamp Duty
Department Of Registration & Stamps, Inspector General of Registration & Controller of Stamps, Maharashtra State, Pune now start accepting Online application of Adjudication of Document Link Conveyance Deed , Deemed Conveyance Deed, Lease Agreement, Agreement for sale , etc. AND also Stamp Duty Refund application Online.
The citizen should submit the documents physically to the concerned office on the same day as submission of online application. Citizens can request for Adjudication of Documents / stamp duty refund by using this application from anywhere anytime. The internal process of the department shall be physically with required details and progress being captured online. This will enable citizens to check the status about their Adjudication of Documents / refund requests online.
The Adjudication / Stamp refund application is developed to Adjudication of Documents / claim stamp duty for executed & non-executed documents. With the help of this service, citizens can lodge their Adjudication / Stamp refund request online and send reminders/ clarifications pertaining to already lodged requests and find the current status of his/her lodged Adjudication / refund request from time to time by using any internet browser.
All public related requests are taken up by the collector of stamp of concern District. The officers in Inspector General of Registration & Controller of Stamps Office take up the matter with the stamp Department concerned for close monitoring and expeditious redress.
All you have to do is fill the Online Application form take 2 prints out of the Acknowledgement copy submit all required documents along with 1 print out of Acknowledgement copy.
Link for Adjudication :- https://appl1igr.maharashtra.gov.in/adjudication/ApplicationForm.aspx
Link for Stamp Duty Refund :-
https://appl1igr.maharashtra.gov.in/refund/RegisterRefund.aspx?query=1
Acknowledgement Receipt :-
Acknowledgement
Your Request for Adjudication is Registered Successfully!!
Thanks, a for your registration on IGR: Adjudication System on 03/11/2013
Your Adj Code is : Adj/1100900/469199/2013
Note : Kindly note your Refund Code for further references.
An SMS has also been sent to your mobile No. , as provided by you.
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The citizen should submit the documents physically to the concerned office on the same day as submission of online application. Citizens can request for Adjudication of Documents / stamp duty refund by using this application from anywhere anytime. The internal process of the department shall be physically with required details and progress being captured online. This will enable citizens to check the status about their Adjudication of Documents / refund requests online.
The Adjudication / Stamp refund application is developed to Adjudication of Documents / claim stamp duty for executed & non-executed documents. With the help of this service, citizens can lodge their Adjudication / Stamp refund request online and send reminders/ clarifications pertaining to already lodged requests and find the current status of his/her lodged Adjudication / refund request from time to time by using any internet browser.
All public related requests are taken up by the collector of stamp of concern District. The officers in Inspector General of Registration & Controller of Stamps Office take up the matter with the stamp Department concerned for close monitoring and expeditious redress.
All you have to do is fill the Online Application form take 2 prints out of the Acknowledgement copy submit all required documents along with 1 print out of Acknowledgement copy.
Link for Adjudication :- https://appl1igr.maharashtra.gov.in/adjudication/ApplicationForm.aspx
Link for Stamp Duty Refund :-
https://appl1igr.maharashtra.gov.in/refund/RegisterRefund.aspx?query=1
Acknowledgement Receipt :-
Acknowledgement
Your Request for Adjudication is Registered Successfully!!
Thanks, a for your registration on IGR: Adjudication System on 03/11/2013
Your Adj Code is : Adj/1100900/469199/2013
Note : Kindly note your Refund Code for further references.
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Saturday, 2 November 2013
Structure of State Co-Operative Election Commission
Finally Govt. Of Maharashtra approve the 44 posts of State Co-operative Election Commission for conducting Lakhs of Society election for 35 different types of Co-Operative Society including Co-operative bank in Maharashtra starting from Dec-2013.
I think now lots of in regularity & corruption will happen in conducting the election of different types of Society Election since 50% post out of 44 is on contract basis.
Link for GR. Of Post: - https://
I think now lots of in regularity & corruption will happen in conducting the election of different types of Society Election since 50% post out of 44 is on contract basis.
Link for GR. Of Post: - https://
Friday, 1 November 2013
Can a housing society bar its members from letting out their flats to Bachelors, Spinsters and Foreigners? Part-2
BACHELOR TENANTS -
PROHIBITED IN A SOCIETY:
Every citizen of India and non-citizens, have been granted fundamental
rights under the Indian Constitution, to stay (reside) anywhere in India, BUT
except in prohibited and restricted areas.
01. EMERGING TREND:
a) In Metropolitan
/Industrialized Cities (e.g. Mumbai, Pune.... ), a
new nefarious and knee-jerk whimsical concept of Prohibiting /Banning
"Bachelor Tenant", from staying in a Society, is emerging, causing
gross discontent among the Society members, thus leading to gradual failure of
the Cooperative Moment.
b) The MCS Act does have not provisions for
"Prohibited & Restricted" areas in the Society
premises. The Mg. Committee (MC) has compulsorily to work
under the provisions of the MCS Act and IF the MCS Act does not provide for
restrictions on "Tenants", THEN "Bachelor Tenant" cannot be
prohibited (banned) from residing in a Society, even if for whatever reasons.
c) The inbuilt craving to formulate Laws to govern
& control other members, lead to ignorant MC's and GB General Body (GB), to
pass "illegal & invalid" resolutions, for "Prohibiting
/Banning Bachelor Tenant", from staying in a Society. Such
"selective & prohibitive" provisions /bye-laws created /amended
under a "bye-law" approved /passed by the GB, is
also "illegal & invalid", leading to animosity and
discontent in the Society, which also means "failure of the Cooperative
Movement". AS IT IS, the Society or the MC or the GB is a
"nobody" or say "does not have the "Capacity or
Capability" to decide the legalities of such things for which
there are various Laws available. The Society MC or the GB are not
"Lok Sabha" members or Parliamentarians who are empowered to pass
Laws.
d) If such instances in Society are a regular
feature, which could also mean "constitutional failure", then a
"suo-moto" application may be forwarded to the Registrar of CHS
for "de-registration" of the society registration, citing the
"illegal and invalid" activities and for violation of the "Rule
of Law".
e) If ignorant & nuisance GB resolutions
have their whimsical ways in a Cooperative Housing Society, then one can also
expect that the ignorant GB may pass resolutions for
compulsory marriage between the members (as is a custom in some
Indian culture) OR "Compulsory sale" of flats in case the owner
becomes a Widow. This is more so since some nefarious MC's and their
cronies, are in a way, controlling the strings in a GB meeting.
02. COMMON SERVICES & AMENITIES:
The Society is classified as a "Service Provider", under the
Consumer Protection Act, which is further reinforced from several Judgments of
the Consumer Court.
The Sole-Responsibility of a Coop. Society, is to provide
"Common Services & Amenities", to its members, which also
lawfully means "Common Services & Amenities" to the Tenants
of its members, which is more so specifically in lieu of the "10%
Non-Occupancy Charges" that the Society has to mandatorily collect from
its original member. Under no circumstances the Society may
levy any charges, directly to the Tenant. Like Move-In & Move-Out Charges, Shifting
Charges, Security Deposit Charges etc. All other Charges are Taxable. Society
has to pay 30% Income Tax on it.
03.
TENANT equals to "NOMINAL MEMBER":
a) A licensed Tenant of the original Society member
is classified as a "Nominal Member", who by legal default derives
rights to reside in a society members flat. The "Nominal
Membership" is to be granted to the Tenant, by virtue of the Rs. 100/- (as
nominal members Entrance Fees). However the Tenant derives no right
to have any say in the affairs of the Society.
b) IF the original member is paying the mandatory
"10% Non-Occupancy Charges", THEN the "Tenant",
definitely & lawfully derives all the rights to use the "Services and
Amenities" that is available to the original member. This
includes Parking, Gym, Club-House & Swimming pool
facilities. The usual rights of "Services and
Amenities", CANNOT be deprived to a Tenant, even if passed in a General
Body, and can be successfully prosecutable in the Consumer Court.
HOWEVER, the Tenant (nominal member), does not derive any
right to have any say in the management of the Society, more so specifically
during the Voting / Contesting Elections / Attending AGM/SGM of the Society, as
provided under the Society Bye-Law.
04.
SOCIETY “NOT” THE OWNER OF FLAT:
a) The Society does not own the members Flat
(ownership property). The Society cannot have a say (whatsoever) nor
decide on the type of Tenant that could be allowed to stay in the
Society. It is the sole discretion of the Flat-Owner (member) to
rent his property out on rent /lease, under the appropriate terms and
conditions prescribed by the Law. ONLY the flat owner can decide the
type of tenant he wants to rent out his premises, BUT within the parameters of
Law (i.e. cannot rent out his premises for commercial or illegal activities and
so on).
b) A Society has no legal jurisdiction to refuse
residing rights to a Tenant, under any circumstances, especially in a flat
owned by its member. This is a legal fact, decided in various orders
by the High Court and the Supreme Court.
c) A Society cannot refuse a member from keeping
a Tenant, even if the member is a defaulter or whatever. The maximum
a Society can do is to inform the local Police Station, about any illegal
activities being carried out in the members flat, by the Tenant or the
Member. Nothing more. Even if the Flat-Owner (Member) has not taken
permission from the Society for keeping a Tenant, in his own Flat, it will not
amount to any illegality, nor can the Tenant be classified as a
"Trespasser".
d) Some nefarious MC's have assumed the role of
"investigating" the Tenants, by conducting interviews of the
Tenants. Such interviews or assessment of the Tenants are illegal.
05.
JURISDICTION OF A SOCIETY:
A Society is concerned only with compliance of the
Bye-Law norms, which means:
a) Prior permission of the
Society vide Bye-Law form-Appendix no. 27.
b) Form-Appendix no. 11, along
with cheque of Rs. 100/- as Nominal Membership entrance fees
c) Certified Photocopy
of the Leave & License (L&L, Rent) Agreement, duly Stamped and
Registered.
d) Police verification Report
of the Tenant
Note: Even if the above Form no. 27 and Form
11, are not submitted to the Society, it does not "illegalize" the
Tenant, nor does the Tenant become a "trespasser", as is
hallucinating thought off by various ignorant MC's.
Subsequent to the above and /or irrespective of
compliance of Form no. 27 and Form 11, the Society is liable and responsible to
levy a FIXED "10% Non-Occupancy Charges", on the regular Society
Service /Maintenance charges, in the society bill of its own registered member,
but to the exclusion of Statutory charges (e.g. BMC Property Tax, NA
Tax, BMC Water Charges).
06.
NON-OCCUPANCY CHARGES FIXED at 10% :
The Society is concerned only with the FIXED 10% extra
charges over the regular service charges, as "Non-Occupancy Charges"
and STRICTLY NOTHING beyond this. There is no concept of less than 10% or
greater than 10% non-occupancy charges. Anything besides the FIXED "10%
Non-Occupancy Charges", is ILLEGAL, and is duly prosecutable under the
Consumer Protection Act and also under the Indian Penal Code (Criminal Acts)
07.
CRIMINAL LIABILITY ON THE SOCIETY MC:
a) It
is a Criminal offence to collect any charges in the guise of "Shifting Charges”, OR “Move-In
& Move-Out Charges” OR
"Tenancy Deposit" OR “Security Deposit Charges “OR higher non-occupancy charges, over and
above the mandatory 10% Non-Occupancy Charges on the Society Service
/Maintenance charges. All this Charges are Taxable. 30% Income Tax is applicable on it.
b) A
Society is not entitled to levy compounding rate of Interest, on any
outstanding amount.
c) False
levy of any other amount or charges in the Members bills
d) Levy
of any Legal Charges in the Members bills, without a judicial order.
e) MC's
cannot restrict or restrain or intimidate any Bachelor from staying in a
Housing Society, subject to compliance of minimum requirements, i.e. Registered
Leave & License agreement and Tenants Police verification report.
f) MC's
can be criminally prosecuted for Restraining, Restricting, Intimidating,
Threatening, Insulting, and so on, for restricting /prohibiting Bachelor
tenants, from residing in a Society.
08.
PRESUMED NUISANCE, BY BACHELOR TENANTS:
Sometimes, the Society does experience nuisance from
Bachelor Tenants, in the form of Rowdiness, Alcoholism, visiting girl-friends
of the Tenants, playing of Loud Music, etc.... HOWEVER these can never
ever be a ground for restricting /prohibiting Bachelor Tenants, since all
these nuisances are rampant and unchecked, amongst the Society members
themselves. It is a routine feature amongst Society Members, to
bicker and fight for petty things, which includes, ogling, bitching, Parking,
Drunkenness, Gambling, Spitting Pan juice, Loud music, Abuses &
Dada’giri, misappropriating members funds, egoistic power-struggle and
what-not's.
09.
BACHELOR FLAT OWNERS:
Under the present Indian laws, a Bachelor-Person, can
purchase a Flat in a Society, WIHOUT ANY RESTRICTIONS. The Society
CANNOT prohibit / restrict any person, who is a Bachelor or a Widow from
purchasing a Flat in a Society. The concept of Residence in a
Society, is defined as "Open Membership", under the Coop. Act, which
also means "No-Restriction Membership", which also means
"No-Caste-Barred", No-Sex-Barred",
"No-Age-Barred" and so on....
CONCLUSIVELY &
LAWFULLY, it collectively means that Bachelor “OWNERS” and/or Bachelor
“TENANTS”, CANNOT be stopped from residing in a Co-Operative Housing Society.
10.
LEGAL BYE-PASS:
Subject to duly executing a Registered Leave &
License agreement and Tenants Police verification report, the following can
ALSO be successfully complied:
a) Under
a typical Bye-Law, an Associate Member is not barred from Staying in the
Member's Flat
b) Limited
to filing in Bye-Law appendix no. 7, (along with Rs. 100/- as Associate Member
Entrance Fees) the original owner can make his "Tenant" as
his associate member.
Note: Associate Membership can be withdrawn,
by just simply instructing the Society for withdrawing the Associate
Membership. There is no legal-lacunae or legal-risk (whatsoever),
since this type of Associate membership, has negligible rights.
c) A
Society CANNOT charge 10% as Non-Occupancy Charges, from an Associate Member.
d) A
Bachelor tenant can be made an Associate Member.
11.
SHYING AWAY FROM COOPERATIVE SOCIETY:
Looking at the consistent nefarious attitude of few MC's
and herd-mentality GB's, Investors are avoiding investing in Housing
Society properties. On realizing the nefarious management attitude
in a Housing Society, some people have started registering their
group properties, under the concept of a
"Condominium", which truncates out the nefarious
management attitude in a Housing Society. A condominium management
is highly flexible and more easily, peacefully & professionally manageable,
WITHOUT the usual bickering & bitching that is rampant in present Housing
Society’s.
12.
APATHY BY THE COOP. DEPT.:
Though the Coop. laws allows sub-letting or renting
members flats, the Coop. Dept., has consistently failed to issue directives or
make provisions in the Coop. Act or in the Bye-Laws, prescribing Penal Action
on the Mg. Committee, for restricting or prohibiting Bachelor Tenants in Coop.
Societies.
13.
INTROSPECTION:
WHEN India can have few Criminally Accused /Tainted
persons as "Members of Parliament", THEN there is no logic
what-so-ever and which-so-ever, from restricting or prohibiting innocent
Bachelors from staying in a Coop. Housing Society.
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