Krishnadas Menon
If a society passed an Amendment in AGM, as given below is it acceptable as per bye laws is it attract any compliance as per 97th constitutional amendment of Maharashtra Cooperative Housing society act.
1 Vacant parking outside marked as society property by builder will allot to the required members by given option .(1) Deposit 1Lakh and pay monthly rent Rs.1000/- Option (2) Deposit 2Laksh Monthly rent Nil, Option (3) Deposit .Nil then monthly rent Rs.2500/-, Is this deposit system is acceptable as per bylaws ?
2. Penalty of Rs.1000/- per month will be debit if anyone fix Sliding doors / grills in balcony because It will damage the beauty of building. At same time there are few Dish antennas are installed above shops and outside windows that is not mention in the amendment, before forming the society and after residents are made lots of changes in Internal plain (some residents joint two flats, open free duct aria etc.) not availing permission from concern authorities but for this there is no action taken escaping by saying this modification made before the society formed. Is it a fair approach?
3. Voluntary donation to society welfare fund of Rs.50000/- by residential flat seller, Rs.100000/- for shop seller. Is this is as per byelaws and acceptable?
4. A co-opted member can become secretary, Can a chairman and secretary can interchange their post after a year or when they want?
5. For example in the year-2012 MC members are number in nine, out of three were co-opted , in next year 2013, the above number of MC Members are remain same three co-opted members status shown as Members is it acceptable as per byelaw ?
6. Shifting charges for tenant Rs.3100/- (While they move in/out) is it as per byelaws?
7. If there is any practice Amendment passed by AGM/Society, have to submit the same to Registrar and get it approved by them?
8. If a parking near road side marked by builder as society property, is this parking place should be registered in society name.
9. Every year society maintenance charges are increasing, some residence request to the MC that only Celebrate 3 functions using society fund (Aug-15, Jan-26, and Annual day), and avoid extra burden like DJ etc. the reason is that Most of the Senior citizens / Shop owners are not attending function and it is not correct the society will utilize fund for a group of peoples majority. Those who are interested to celebrate any other functions have to take initiative and arrange the fund for the people avoiding those who are not concerned. But MC’s reply’s this is Majorities decision how to overcome this kind of situation as per laws.
10. If a Society arranging a vegetable vendor once in a week, inside/outside the premises encouraging hawking stating it is for the benefit of residents another side imposing fine to the permanent shop owners if they keep any item outside 2.5 ft near shutter. This type of contradiction amendment is acceptable. Can a society allow commercial activities in society property? (Eg. Vegetable vendor)
I C Naik
The cooperative housing society wherein “Krishnadas Menon” is a member has passed certain Resolutions and perhaps he was not sure of their validity so he wants reconfirmation of the legality thereof.
Most housing society management conducts their affairs without taking much trouble to understand the laws. They take decisions on gut-feeling bye and large. Let’s take up each of them one by one and try to understand them and their validity etc.
1. Vacant parking outside marked as society property by builder will allot to the required members by given option “
(1) Deposit 1Lakh and pay monthly rent Rs.1000/- Option
(2) Deposit 2 Laksh Monthly rent Nil,
3) Deposit .Nil then monthly rent Rs.2500/-,
Question: Is this deposit system is acceptable as per bylaws ?
Parking Rules are contained in Bye Law Nos 78-84. Any decision in ANNUAL GENERAL MEETING needs to conform to these rules.
1.1 The allotment of parking spaces/stilts shall be made by the committee on the basis of “ First come First Served” for unsold and available parking spaces. Bye Law No 78(b)
1.2 A member, having a motor vehicle, will only be eligible to have stilts or a parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any stilts or parking spaces remain un allotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or the parking space. Such allotment of 2nd or 3rd stilt/parking space should be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilt/parking space.
1.3 In case the number of vehicles of eligible members are in excess of the available parking spaces/stilts, the Managing Committee shall allot such parking spaces/stilts by ‘lot’ on yearly basis.
1.4 Every member who has been allotted the stilt or the parking space, shall be required to pay the parking charges at such rate as may be decided by the general body of the society at its meeting, irrespective of the fact whether the actually park his motor vehicle or not. Where a member has been allotted more then one stilt/parking space, he shall pay parking charges in respect of every such stilt or parking space, as decided by the General Body Meeting.
Answer : The Bye Laws empower the general body meeting to fix the charges and the 3 options represent flexibility for members so there is nothing to invalidate such a resolution.
2. Two questions on Penalty.
2.1 Penalty of Rs.1000/- per month will be debit if anyone fix Sliding doors / grills in balcony because It will damage the beauty of building.
2.2 At same time there are few Dish antennas are installed above shops and outside windows that is not mention in the amendment, before forming the society and after residents are made lots of changes in Internal plain (some residents joint two flats, open free duct aria etc.) not availing permission from concern authorities but for this there is no action taken escaping by saying this modification made before the society formed. Is it a fair approach?
2.1 Penalties are governed by following Bye Law:
166. The meeting of the general body of the society may prescribe penalties for different breaches of the bye-laws of the society. The Secretary of the society, under instructions from the Committee, shall bring to the notice of the member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the member persists on continuing the breach/breaches, the Committee shall give the notice to the member to show cause as to why the penalty should not be inflicted on him for breach/breaches of the bye-law/bye-laws. The general body meeting, after considering the say of the member and after giving him hearing, may levy penalty at the rate fixed by the meeting of the general body of the society, maximum penalty of Rs 1000/-
The Resolution of the general body meeting is enforceable if the steps envisaged above have been taken.
Point No 2.2
The fact that certain irregularities are overlooked has to be independently taken up in the general body meeting and more than 20% feel the same way as you do, a special general meeting can be requisitioned as per Bye Law No. 97-99 to fix penalties for such irregularities.
Point 3 Voluntary donation to society welfare fund of Rs.50000/- by residential flat seller, Rs.100000/- for shop seller. Is this is as per byelaws and acceptable?
It appears the society’s registered Bye Laws on transfers has following clause which is to be found in Model Bye Laws 1984:
40(d)(vii) to pay the amount of premium at a rate to be fixed by the general body meeting, not exceeding 2.5% of the difference between the book value of the flat and the price realised by the transferor on transfer of the flat, or Rs. 25,000/-, whichever is less. No additional amount by way of donation, etc., will be taken unless it is paid voluntarily by the member.[1]
Point 4.
4.1 A co-opted member can become secretary by election with in the Committee.
4.2 Chairman and Secretary can interchange their post after a year or when they want with prior approval of the Committee?
5. Nothing wrong in that.
6. No Shifting charges can be charged to a tenant by the Society.
7. Amendment to Bye Laws requires registration by the Registrar before it becomes effective.
8. A parking near road side marked by builder as society property as per Property Card and Land records, this parking place should be registered in society’s name.
9. The funding of welfare activities have to be done in accordance with Bye Law No 149 (Model 2009 of the Bye Laws) out of profits transferred from Surplus of income over expenditure every year. Collection under maintenance can not be applied to welfare activities.
10. Encouraging vegetable vendor for a specified time with a majority decision in the general body meeting is not comparable with commercial activity conducted by a member.
[1] Circular No. Grihnirman /Gala Tabdil/FFC/89 dated 27th Nov. 1989.