Chsguru Answers Archive Pack 5

ChsGuru Answers

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        Answers to your queries on Co-operative Law as posted in Free Query’s* section on
Our society has till date not adopted new bye-laws, they say till date it is not made mandatory /compulsory by registrar to accept this new bye for all society. can you provide us any notification under which is made mandatory or compulsory to adopt new bye law.
Ramakant Saboo. Bangur Nagar,
Goregaon (W), Mumbai - 90.
As of this date there is no such Notification, making it mandatory or compulsory to adopt the Model Bye-laws 2009.

I want to make complaint against society, so I want Registrar address of Mumbai.
Laxman Samant.,
Gen. A.K.Vaidya Marg, Mumbai – 400 097.
To find the jurisdiction of your society please refer The Chs Directory.
Can the society penalize for not attending the AGM? If yes to what extent? Our society has put this agenda in the notice for AGM, what to do?
Mahendra kumar Sharma. M.G.Road,
Charkop Village, Kandivali (W)
No. This charge is wholly illegal. There is no provision in the MCS Act 1960 or in the Bye-laws for any such penalty. But to object such high handed Committees one has to get involved in society affairs and attend all meetings. This is the Co-operative movement & members should understand each other, However there are members who willfully remain absent and prefer to sit home & watch TV. These members later blame & target the committee on passing such illegal resolutions, which we think is equally wrong
Whether the Service Charges levied for the purpose of Common Expenses be charged Equally among all members even if some are Shops and some are Flats?
Mr. Santosh Roy.
Shiv Vallabh Road, Dahisar, Mumbai.
Yes, as per the provisions of the Bye-laws the Service Charges are to be levied equally among all members, irrespective of the fact that whether the members have Shops or Flats in the society.
Our Society has been Registered Co-op. Society by Builder/ Promoter. Unsold Flats/ Shops were kept in the name of Builder Promoter. Now he wants sell the Remaining Flats / Shops to others (First Sell) Whether society can charge Flat Shop transfer charges from Builder?
Bharatkumar Kale.
Sai Complex, Mira Road East.
No, Transfer Charges cannot be levied on the First Sell of either Flats or Shops. Transfer Charges are applicable only when the existing member of the society sells/ transfers his flat/ shop to other person.
G.B. Jukar Marg,
Juhu, Mumbai - 400 049.
I have taken over possession of the Flat from the Builder, with due letter of allotment on 22nd June 2010. I had signed the application for the prospective registration of the C.H.S. The C.H.S was registered on 08.03.2011.The Note 2 to the Clause 17 states that "Signatories" to the application for registration of the Society shall be deemed to the Members of the Society after its registration. So my query is what would be the Date of Admission for my Membership, 22.06.2010 or 08.03.2011? This determination of date is important. Please advise.
Vilas Patki.
DSK Vishwa, Dhayari Road, Pune.
The date of admission to membership of the society can only be considered from the date of Registration of the society. How can you be considered as a member of the society before the Registration/ formation of the society.
I would like to know whether builder is allowed to sell the Open and stilt car parking of our building. There was Supreme Court judgment against the selling of parking and now the state govt. has allowed to sell it. which judgement stands true??? and on what basis he is authorized to allot the parking spaces?
Bipin Jani.
Khadakpada, Kalyan – 421 301.
The Supreme Court judgment is a clear & proper interpretation of the provisions of Law. Open & Stilt Car parking cannot be sold by the builders. As per our knowledge the State Govt. has not allowed to sell the Car Parking.
Sir, Our Society has decided to go in for re-development. The Chairman and MC are embroiled in various illegal activities including siphoning of society funds. The matters are with the Dy Registrar. They refuse to provide information on list of Member outstanding as they are defaulters. On going through the old building plans, OC shows only 14 approved tenements whereas present building has 18 tenements. Chairman and Managing Committee are depriving sole garage owner of any compensation stating it is illegal. Whereas it seems that their own flats are unauthorised. What can be done to correct the situation? Thank you.
Ruby Narapareddy.
Goregaon West – 400 062.
Since the Society building is undergoing Re-development, you should not be concerned about which portion of the building does not have an O.C. Now it should be the builders/ developers look-out, if some portion of the building does not have an O.C or is partly or fully unauthorized, the builder shall make an offer to these members, taking this fact into consideration.

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