Chsguru Answers Archive Pack 4

ChsGuru Answers

Welcome to ChsGuru’s Answers:
        Answers to your queries on Co-operative Law as posted in Free Query’s* section on
How can a society take emergency decision of appointing a lawyer? We were served with a court hearing scheduled for the next day in such a scenario how does the Managing Committee appoint a lawyer?
Amish Shelat. Santacruz West – 400 054.
I understand that in such a situation the Managing Committee will not be in a position to immediately appoint an Advocate, as the same has to be first approved in the Committee Meeting. So in such a situation the Managing Committee should make an application to the Court stating this fact & seeking an adjournment of the date, So as to give the Committee a reasonable opportunity to appoint an advocate, under the principle of natural justice.

Does the managing committee of a housing CHS have the authority/ rights to prevent my personal driver from entering the premises purely based on certain suspicions.
Raghuvir Sujir. Opp. Iskcon temple,
Juhu Rd – 400 049.
No. Just a suspicion cannot be a reason to prevent your personal driver from entering into the premises of the society.
I have bought a new flat with flower beds - Co-operative society will be formed only after 6 months- can I immediately merge (take in the flower beds)?
Bala G. Bangur Nagar,
Goregaon West – 400 090.
Flower Beds are generally are not counted in FSI, So they cannot be merged into the Flat, If you do so, you would violate the provisions of Municipal Law, also there are chances that after formation of the CHS, they would initiate Legal action against you, which could cause you & your family mental harassment apart from the financial loss. So our sincere advice to you is not to merge the flower bed space into the Flat.
As per agreement the first name is of my mother in law and second name is of my wife. I am associate member. Can I become secretary of the society as per MCS Act.
Jairaj Amdharia. Opp. Hilton Arcade,
Evershine City Vasai East.
If your name has been added as an associate member, you can become the Secretary or a member of the Managing Committee, provided the Original member has submitted a No Objection Certificate & Undertaking to the society with respect to the same.
Can society secretary divert deposited pay order for getting society documents as per Sec 31(1)(2) of MCS act 1960 to my monthly Maintenance bills to avoid giving reqd. documents as he may be trap in those documents?
Hari Bhawsar. Kandivali,
Shivaji Road, Mumbai.
No, If you have clearly specified that the money paid by you is for obtaining the documents the secretary cannot appropriate the money against monthly maintenance bills.
Sir, We are facing a housing society management who have levied a charge of Rs 1200/- stating it to cultural and festival charge it is no where mentioned in the Co-op society's rules but we are forced to pay such charges, the question is Can we individual members file a criminal complaint of extortion in the Magisterial Court at Thane?
Jagdish Pillai. Mira-Bhayandar (East)
Mira Road - 401 107.
Since the said charges have already been paid by you, you should file a dispute before the Co-operative Court to get the said amounts refunded.
Dear Sir, Our society has not adopted New Bye laws till today. 4 Members resigned from Managing Committee. 4 Co-opted Members are now in Managing Committee. 2 Members maximum can be co-opted (as per New Bye-laws). Is this Managing Committee Without Ticket? Is there any time-limit to adopt new Bye-laws, or If new bye-laws not adopted as per our society, is it O.K.? Seek your guidance on the above subject.
R Sodani. Bangur Nagar,
 Goregaon (West) – 400 090.
As on this date, there is no such compulsion making it mandatory to adopt the Model Bye-laws 2009.
Under which section(s) of MCS Act, 1960 can members who are not residing in the society premises cannot be Office bearers?
Anand Jadhav. Parel,
JW, Mumbai 400 012.
There is no such Section in the Act by which members who are not residing in the society premises cannot be Office bearers.
I am sole owner of the flat by the effort of the society an agreement was made between the society and a builder for redevelopment. I am not agreeing with the terms and condition of the agreement. The agreement is not signed by me and no consent was taken by me. What is the stand and rule of the redevelopment of the ownership property and if I am not agree with terms and condition can I initiate any action against the society what are my rights as the owner?
Lalit Jhunjhunuwala. Swastik Nagar,
Navghar Road, Bhayander (E)
You have an option to file suit against the society & stall the Redevelopment, provided you have valid points & objections which can be considered by the Court of Law.
I am in the process of purchasing a flat in a co operative housing society. The application for NOC from the society to transfer the Share Certificate onto my name has been applied to the society. It seems that a member of the society has taken an objection to the society providing an NOC for the transfer simply because 1. The objecting member is interested in purchasing the flat himself. 2. The objecting member is a relative of mine and we have civil suits in high court pertaining to ownership of other properties in other buildings in Mumbai where I am the plaintiff and he is a defendant. He is objecting to the transfer stating that his life will be threatened in case the society gives their No objection to transferring the flat in my favour. QUESTION: In case I do not require an NOC from the society to register the sale deed entered between me and the seller, what legal steps can I take to ensure the society transfers the Share Certificate in my favour? Regards.
Mr. Ali Petiwala.,
Cuffe parade, Mumbai – 400005.
The law prescribes that the concept of open membership has to be followed by each & every society and the society cannot restrict membership to anyone just because some member is objecting or has some apprehension. If you are eligible to be member of the society, the society cannot stop or refuse you. Please read our article: Societies cannot refuse membership to those who are eligible.

Disclaimer* – We shall not be held responsible for the advice, views and suggestions provided in response to user queries. Such advice, views and suggestions should be used for reference only. The answers are limited to the Queriest and cannot be termed as a General opinion. The answers are also limited to the nature & scope of queries raised and information supplied by the Queriest at the time of seeking answers. Unless otherwise specified, the provisions of Bye-laws reflected herein are based upon the CHS Model Bye-laws of 2010/ Premises Model Bye-laws of 2006. Further these answers posted here are based on the current position of Law and will have no applicability if there is any change in the concerned laws whether by legislation or otherwise. No assurance is given as to the accuracy of any representation, statement, information published herein. Before relying on any such advice, views and suggestions an independent assessment based on the specific requirements and the relevant parameters you have in mind should be done. We at shall not be held responsible for any claims arising out of the use of such views, suggestions, data or advice expressed or implied herein or for any claims arising out of the use of any information displayed herein. Please read the complete terms & conditions of Chsguru Disclaimer.