Welcome to ChsGuru’s Answers:
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Mr.
S. Ghosh. & S.M. Mandlik.
Ghodbunder Road, Thane.
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Dear Mr.
Ghosh & Mandlik, Thanks for liking the site. Now referring to your
problems as per Section 10 of MOFA Act 1963 & Rule 8
of the MOFA Rules 1964 it is duty of every builder to register a CHS within a
period of 4 months as soon as the 60% of flats are sold. If the Builder is
not registering your CHS, better proceed for Registration of CHS under
non-co-operation from the builder. Once your society is Registered all your
problems should resolve. For other harassments by the builder you can proceed
for action under Criminal law apart from the Civil remedies. Please read the
respective articles of our attorney. You do not stay in a lawless society;
why not avail of Legal Help. Consult a lawyer having good experience in this
field & proceed by majority.
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Under what provisions
a Managing Committee can be disqualified for the next term to contest for co-operative
housing societies election
J.B. Patel., Andheri (West),
Mumbai.
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Mr. J. B. Patel from your query, I find
that you are referring to “debar” and not “disqualification”, further you are
referring to entire Managing Committee and not a single member of the said committee.
Under the Provisions of Section 78 of the MCS Act 1960 the Registrar has got
powers to debar the committee or member thereof to be eligible to be
re-elected, re-appointed, re-nominated, or re-co-opted, as a member of
committee of the society for the period of next one full term.
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Respected sir, i am pleased to refer you
on a very human issue related to the subject. our society was established in
1992, and always had the chronic problem of water supply. the sequence of the
snowballing issue are important so as to just give a simple decision whether
the society should be judge on the issue,as the human reason have some
exceptions for which the bye-law may not have the appropriate guidance to
judge the grieviance of an issue.
a-builder gives a capacity of 500 litres
for the storage.
b-members install more withdrawl
capacity-say 2 to three times than the supply.
c- the committe could not provide
eqiutable water due to mischivious members who resort to telling
lies/hooliganism and withdraw water with the booster at the time of the
release of water from the overhead tank.
d-the society out of injustice to the
members handover the administration to the registrar.
e-the registrar during the service period
suggests a plumbing with an option to put off the lights so as to avoid water
withdrawl by booster.
f-the happy days starts, but not to stay
for long.some of the deprived members starts getting the supply,and some of
them who were getting excess withdrawl previously started creating nuisance
and stoppped the "power off when water supply" as suggested by the
registrar,and also resorted to change the plumbing as given by the builder
originally.thus the over-riding the registrar's suggestion resulted to more
fiery situation.
g-with the change in plumbing system the
registrar suggested the increase of maintenence charges from rs 250 to rs 680
per month with the above "way of working",by providing "extra
tanker supply" whenever required, but were discontinued due to poor
quality of water, administartive issue for managing the providing and
supplying the water.
h-resulting to water supply shortage the
member to survive at "sweet home" started getting "personal
tanker" which costed 1300/2200 per month #i.e 15600 to 26400 per annum#.
i- today,since 15 years,there are member
who genuinly suffered due to the mischivious lot of members and have
defaulted in the maintenece as thay could not afford to as such buy the flat
with the current market scenerio, as well as they are in no way in position
to make the "maintenence charges" which are as high as rs 680/-sans
water supply.
sir, it is an emotional outbusrst of some
member which certainly needs a human decision, so as to give some
compensation for the sins that have not committed.
Question: can we fine the mischievous and compensate the suffered by
any general parameter and reimburse the looser and recover the society dues?
sir, I hope this should be a very unique
issue coming to you for a solution, which certainly does not give any
financial benefit to you,but i pray to guide the undersigned so as to be a
good judge by the law of nature. sir, water is the basic necessity of every
human, and if humans behave like animals than what should be the remedy. i
can forsee the issue getting more serious as this may lead to the failure of
the functioning of a "society of humankinds"
Rohit.
Karbhari. Mira Road (East).
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Dear Mr. Rohit., I fully sympathize with
you as a human. Coming directly to your query, Yes the General body can fine
the mischievous members provided you have enough proof that due to the act of
the said mischievous member’s loss has been caused to the society. Further
even the Act, Rules and bye-laws stipulate that if some acts of the member
have caused financial loss to the society, Inquiry can be initiated u/s 83 of
the MCS Act 1960 and upon report of such Inquiry Officer, the Registrar can
pass order to recover the same from the said members who are held responsible
in the Inquiry, provided you follow the due procedure of law.
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Can I ask
the society
to provide me copies
of meetings
held for the last 2
years and the Minutes
of meeting of such meetings
held?
Niranjan Chari. Dadar (W), Mumbai.
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Dear Mr. Niranjan Chari. You have not
mentioned whether you are a member of the society or not. I assume that you
are a bonafide member of the society. As a member of the society you are
eligible to file an application before the society under Section 32(2) of the
MCS Act 1960, asking them to provide you certified copies of the required minutes
of meetings held in the last 2 years.
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Can the Society
transfer the shares of a deceased
member to his legal heir, even if there are outstanding dues. The Son of the deceased member
is regularly clearing
the outstanding dues in installments,
and is about to clear
the whole outstanding
due, in some time. A transfer
application is submitted
to the Society 2 year
ago and there is no
reply from the society
regarding the same
Haresh Soneji, Kandivali,
Mumbai - 400 067.
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Mr. Haresh, what I find from your query
is that you are referring to “Transmission”
and not “Transfer”. With regards
to dues, the legal heirs are liable to pay the dues of the deceased member.
Once the dues of the deceased member are paid-off the society should transmit
the shares of the deceased member. But since the son of the deceased have filed
an application before the society 2
years ago & there is no reply from the society, the son should file an Application for deemed membership
before the Office of Registrar, C.S having jurisdiction over the society. You can seek
help from our Attorney.
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Sir, I am a Secretary of one society
& we were not able to conduct the A.G.M. before August 14, 2011, and an
extension was sought from the Office of Dy. Registrar. Though this was
granted, the AGM could not also be conducted before November 14, 2011. Now
What should we do, as the Registrar Office is saying that they cannot grant
further extension. Please advise us?
Ramesh. Dhanani.
Sakinaka, Mumbai.
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Dear Ramesh, the Registrar Office is
right in saying that they cannot grant further extension. As the MCS Act does
not empower the Registrar to grant extension beyond 14th November.
You should ask the Office of the Registrar to appoint an authorised officer
u/s 75(1) of the MCS Act 1960, who shall now conduct the AGM of your society.
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Sir, A matter against a builder is
pending in the City Civil Court. Can the members of the Cooperative Society
approach the media for the illegal construction done by the builder of a
nursing home viz., Atharva Nursing Home and Research Centre?
R. Khobragade, Sion, Mumbai.
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When a case is pending before the City
Civil Court, so it’s better you ask this question to your Advocate. As far as
our opinion is concerned it is never advisable to comment anything in media
if a matter is sub-judice, it’s just like not having faith in the Court of
Law & shall amount to Contempt of Court.
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Dear Sir, we are in grave trouble and are
looking for solution since last 10 years, so I request you to please resolve
our problem. Our building was constructed in year 2001, it is Stilt+4 floors
apartment consisting of just 8 units situated at Borivli West. After construction
of our building the builder has went absconding. Somehow we obtained O.C, C.C
& building plans of our building from the Municipal authorities. But we
are unable to register a Co-op Housing society as our C.A says that atleast
10 members are required to form a society. In absence of the same we are
facing troubles maintaining our building since last 10 years. Earlier 3
owners of our building had opened joint account with a bank & were
collecting funds, but the said account was seized by the Income tax Office,
since then we are managing our building by collecting cash. Can you suggest
some way whereby we can register a Co-op Housing society of our
building? Sir please reply to our
query, Thanks.
Keshav. D. Naik. Borivli West – 400103.
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Dear Keshav, Section 8 of the MCS Act
1960 stipulates that for forming a Society atleast 10 persons are required.
In your case there are 8 persons, a
CHS of your building can be formed provided
(1) the built-up are of each flat is not more than 700 sq. ft., and (2)
there is no balance F.S.I.
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Sir at first place let me thank you for
the wonderful website, amazing pictures and articles. Our CHS has 80 members
and our building is situated at D-ward. We had passed a resolution in the AGM
approving the building repairs & coloring with a budget of 45 lakhs, we
have collected the said amount from our members but now our members are
suggesting that instead of repairs we go for redevelopment. The Managing
committee has no problem but we are in puzzle that can we revoke a resolution
which has already been passed and recorded in the AGM & approve for
redevelopment? Please guide us.
Mukesh. Shah. Haji. Ali, Mumbai - 26.
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Thanks for
liking our site. Coming to your query, Yes you can cancel the said resolution
by calling a fresh General body meeting & approving the same vide an
resolution but the only condition to
cancel earlier resolution is that, you should have a gap of more than 6 months, after passing of the previous
resolution.
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Dear Co-operative Guru, I am secretary of
a building. I understand that the society can charge 10% of the monthly rent
of a flat as non-occupancy charges. We have passed a resolution to that
effect in the AGM, is the same correct, please advice.
Mohit. Sharma. Wadala, Mumbai.
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No it is not correct, the society
can charge non-occupancy charges
as per decision of general body, but in any case the same cannot exceed 10% of the Service Charges,
in short maintenance bill excluding municipal charges and contributions to
society funds, the details of what includes in service charges can be
referred @Bye-law No. 68, from the following link Bye-Laws.
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