Allen Dsouza
Mr. Ishwer Naik, my dad is the owner of our flat and he now stays in native place. I stay here with my family. So my question is I want to be the part of the AGM meetings in the absence of my father and also have the right to speak during meeting. So what needs to be done in this case? Committee members say I cannot attend the meeting, nor I can say anything since I am not a owner (member). Please guide as to what can be done.
I C Naik
Housing society management and members do not care to understand the basics of the CHS and significance of the compliance of requirements of Bye-Laws of their CHS.
Allen Dsouza is one such example. Read carefully futther.
Allen Dsouza is a occupier of the flat owned by a member of a CHS. This member happens to be his father who has parted with the possession of the flat without prior permission of the managing committee of the society as he was so required to do so as provided under Bye-Laws [ Refer No 26 and 45]
Bye-Law No 26. The member, who is deemed to have been allotted the flat under the bye-law No. 78(a) of the bye-laws of the society shall have a right to occupy the flat subject to the terms and conditions set out in the letter in the prescribed form under the said bye-law.
Condition no 4 of this letter (form at Appendix 12) reads : “So long as the said flat stands in your name in the records of the society, your right of occupying the said flat shall be subject to the provisions of the bye-laws of the Society, concerning sub-letting, giving on leave and license or care-taker basis the said flat or part thereof or parting with its possession in any other manner,……..”
Bye-Law No 45(1) A member may, with the previous permission in writing of the Committee, sub-let or give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances:
(i) Where the member is required to go out of the area for a long duration
(ii) Where the member is unable to get facilities for education of the children
(iii) Where his employer, requires him to stay in Company accommodation
(iv) Where a member satisfies the Committee about any other genuine reasons;
(2) He has to apply for a nominal membership of such occupier in prescribed form.
(3) he has to pay a Non-Occupancy charges as prescribed unless the occupier is his near relative like Mother, Father, Sister, Brother, Son, Daughter, Son-in-law, Grand son, Grand daughter as stated in Bye-Laws.
Allen Dsouza needs to become Nominal member and as per Bye-Law No 28 A nominal member shall have no rights as such member.
This is complicated and unimaginable but that is the housing society law.
Easier Course and beneficial course is Allen Dsouza should fill up form No APPENDIX 7 [Under the bye-law No.21:The Form of application for Associate Membership by an Individual, who desires to hold shares jointly with another person, who is already admitted to membership of the society] and get it signed and deposit in the office with entrance fee of Rs 10/100 as is prescribed in the registered bye-laws of the society. Once he is admitted to Associate Membership he starts enjoying rights of his father as are provoded under the society’s the registered bye-laws (so get a copy at Rs 100 approx.).
A word of caution for Allen Dsouza’s father. He is a member of the society who is now duty bound to attend a certain number of general body meetings of the society as prescribed in the Bye-Laws every 5 years. If he fails to attend say at least one meeting during 1st April 2013 to 2023 his members shall be liable to be canceled and Allen Dsouza will instantly cease to be an Associate member.
