I mr Rajesh kanani staying at kalyan, dist thane, Maharashtra. In our building there are 14nos of 2bhk flats and 26nos of 1bhk flats. Recently our building neede water proofing and anti rusting plastering. As per quotation from connector 35000.00 share per flat was decided in meeting. all present members agreed (of 1bhk and 2bhk) but the on member was not present in meeting (having 1bhk). He is not paying his share and raised issue after 2 months of completion of work stating that fund should be based on areawise.
All other members have paid there share. what to do to collect share from him? not only this with maintenance, electric wire changed, lift repaired and updated share all this due amounts to 95000.00
please advise for my query.
I C Naik
This is a contribution to major Fund for which you need to consult registered bye laws of your housing society.
1.The Bye Law No 108 provdes “Unless otherwise specifically provided under the Act, the rules and the bye-laws of the society, all questions at a general body meeting of the society shall be decided by a simple majority of those present and voting at the meeting.”
So this test passes in case of decision of your special general body meeting about contribution to Major Repair Fund as fixed in the general body meeting.
2.Bye Law No 111 provides” Subject to the provisions of the Act, the rules and the Bye-laws-laws of the Society, the final authority of the society shall vest in its general body meeting, summoned in such manner as is specified in this bye-laws.”
The resolution of the general body meeting is binding on members and one member can not make a breach of it. As one can see the Supremacy of general body meeting is subordinate to the bye-laws. In other words if any bye-law provides a rule of conduct of members general body meeting resolution has to fall in
3.Bye Law No 13 (b) reads as under: Major Repair Fund, as and when required and decided by the General Body at the rates fixed on area basis.
4.Bye Law No 112 provides:” The Management of the affairs of the society shall vest in the Committee duly constituted in accordance with the provisions of the Act, the rules and the bye-laws of the Society.”
The management committee has to raise the Demand for contribution to Major Fund calculated on flat’s area basis.
CONCLUSION 1:-
One member who objected to the basis fixed in general body meeting is right. I suggest the demand should be reworked.
CONCLUSION 2:-
If your society’s registered bye laws are silent on Major Repair Fund (Model 1984), then the objection to general body meeting resolution is not tenable. 1984 Model has in Bye Law No 71(a) laid down basis of allocation of society charges under different heads. The last of them is as under:
(xv) Any other charges : As may be decided by the general body of the society at its meeting.