Chsguru Answers Archive Pack 6

ChsGuru Answers

Welcome to ChsGuru’s Answers:
        Answers to your queries on Co-operative Law as posted in Free Query’s* section on Chsguru.com.


If the owner of the flat does not occupy the flat for more than 10 months in a year (stays abroad) and does not lease it out either, what is the maintenance fee he is liable to pay to the society? The society currently charges Rs.1.50 per square feet for the flat owners.
Lakshmi N.
New Panvel (E) Navi Mumbai.
If the flat remains unoccupied the member is required to pay the normal maintenance charges. Further the society charging maintenance on square feet basis is illegal. You can refer to our Article Chs cannot levy maintenance on the area of flat
Our society wishes to allow a rebate/discount of 5% to members who would be paying their 3 months maintenance together, is this legally valid and can the society allow any such discount/ rebate for early payments. Further what is the penal interest that can be charged to members who do not pay their maintenance in time.
Rajeev Chawla.
Goregaon (W) Mumbai.
Payment of rebates/ discounts to members of the society for prompt or advance payment of maintenance charges is illegal & also not in consonance with the provisions of Bye-laws. Indirectly this is an additional expense which is being contributed from the Maintenance Charges paid by other regular members, who are not deriving any special benefit or services out of this additional charge, which is indirectly & ultimately being paid out of their pockets.
Me (1st Named) n my wife (2nd named) are co-members of the flat. I have to relinquish all my rights and transfer in favour of my wife without paying Stamp Duty. How to do so?
Tarang Chaturvedi.
Kandivli (E), Mumbai.
To save on Stamp duty, the only Option which you can exercise is, execute a Will bequeathing all your rights and interest in the flat in favour of your Wife.
SHOULD THE OFFICE BEARERS OF CO-OP HSG SOC SUBMIT INDIVIDUAL PAN CARD COPY FOR OPERATING FIXED DEPOSIT WITH CO-OP BANK. THE SOCIETY DOES NOT HAVE ITS OWN PAN CARD. Will the individuals pan number be linked with the income tax department while filing personal it return?
Veena Shrinivas.
Andheri West, Mumbai – 400 058.
Yes, if you submit your individual PAN cards to a Bank for operating a FD, there is every possibility that the said FD’s will get linked to your PAN. Further once a CHS gets incorporated it is mandatory for the CHS to obtain a PAN Card or else TDS will be deducted at twice the Normal rates.
We have federation of 7 societies. We also have a cultural committee which conduct cultural events. All member societies have decided in their AGM to charge small amount/annum towards the cultural activities. Cultural Committee is not registered. Is it legally right to do so? If not how do we fund cultural activities?
Viraj Deshpande.
Vasant Vihar, Thane.
The CHS is not empowered to charge for Cultural activities to its members. Further this cannot be made compulsory even by virtue of passing a resolution in the AGM of the society. The only way to fund Cultural activities is to take voluntary donation from the interested members.
Nandita Agrawal.
Lokhandwala, Mumbai – 400 053.
For disconnection of essential services such as water supply, You can approach the Local Police Station having jurisdiction over the society.
once the transfer is approved in the Managing Committee, when can the M.C endorse the Share Certificate and issue the Bills and receipts in the name of the new member, the Society claims they must wait till the next AGM, would request your reply, Thank you in advance .
Prakash Shah. Shahid Bhagat Singh Road,
Colaba, Mumbai - 400 005.
Once the transfer of Flat is approved in the Managing Committee meeting, the duly endorsed Share Certificate has to be issued to the incoming member within a period of maximum 15 days thereof. The stand of the Managing Committee to wait till the next AGM can be termed as “illegal harassments”, for which the committee members could be made liable to pay compensation out of their pockets.
I have applied for associate member five months backs and paid the charges as applicable but till date, I MC of our society has not sanctioned my application, what are my option now
Mahesh Karna.
Kopri Colony, Thane – 400 603.
You will have to approach the Office of Deputy Registrar, Co-operative Societies having jurisdiction over the society & request them to direct the society to admit you as an Associate Member of the society.
My CHS member's have outstanding of more than Rs.30,000/-. Kindly let me know the measures to penalise the said members
Praveen G.
Ghodbunder Road, Kasarwadali, Thane.
You can charge interest at such rate as fixed by the General Body of the society at its meeting, subject to the maximum of 21 percent per annum, on the outstanding amounts due from the member, since the date the amount was delayed till its recovery thereof.
WE HAVE GOT SOCIETY REGISTRATION IN SEP 2011. THE PROVISIONAL COMMITTEE CURRENTLY RUNNING THE AFFAIRS IS ELECTED IN AN AGM IN MARCH 2012. WE ARE HOLDING THE AGM AFTER EXTENSION OF DATE. CAN WE HOLD ELECTIONS IN THE AGM FOR THE NEW MANAGING COMMITTEE OR THE ELECTIONS HAS TO BE DONE SEPERATELY THROUGH A PROCESS?
KRISHNADAS NAIR.
KAPURBAWDI, GB ROAD, THANE WEST.
Yes, Election is a completely separate process & hence cannot take place in the AGM of the Society. The Elections of your society will have to be held by secret ballot paper and as per the provisions of Elections Rules applicable to the CHS.



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