We have to carry out major repairs of our building…. Estimated amount given by a structural consultant is 60 lakhs. A general boy meeting was held which approved this estimated amount to be collected from members in installments.
A repairs committee was also appointed to carry out this major repairs. It was empowered by the general body to take all decisions regarding these repairs.
My question is
(1) can the repairs committee now appoint a structural consultant are does it have to be appointed by the general body.
(2) on the basis of the study conducted by the consultant( giving ads, inviting tenders , comparing the contracts etc) can the repairs committee appoint the contractor suggested by the consultant or does it have to go by a general body again.
(3) who can be a part of the repairs committee… Only members or can residents( like a senior citizen’s son, a widow’s son or an associate member staying in the flats) approved by the general body be a part of the committee. Our general body appointed members as well as residents to be repair committee members. Is that allowed? Trust for an early reply
I C Naik
Dear Vandana
As your housing society is advised major repairs I can assume that it must be old one and was probably registered with Model bye-laws released and recommended by the Commissioner for Co-operation and Registrar of Cooperative Societies vide letter No. Model Bye-Laws E-11/81 DATED 5-10-1984. You can visit your housing society office and verify if the registered bye laws, to ensure that my Assumption is correct.
I have extracted below relevant bye-laws which should be complied fully.
- (a)The Committee shall be competent to incur expenditure on the repairs and maintenance of the society’s property, if the expenditure does not exceed Rs. 25,000/-
(b) If the expenditure on repairs and maintenance of the society’s property exceeds Rs. 25,000/-, prior sanction of the meeting of the general body of the society shall be necessary.
(c) The meeting of the general body of the society shall decide:
(i) The limit up to which the expenditure on repairs and maintenance of the property of the society could be incurred by the Committee without calling for tenders for the work. In respect of the work, the cost of which exceeds the limit, so fixed, the Committee shall follow the procedure of inviting tenders, placing them before the general body meeting for approval and entering in to contract with the architect (if appointed) and the contractor.
(ii) The limit of expenditure on repairs and maintenance of the property of the society to be incurred by the society in a co-operative year.
- Subject to the provisions of the bye-law No. 157(a), (b) and (c), the committee shall proceed to carry out the repairs and maintenance of the property of the society. It shall be the responsibility of the Committee to see that the repairs are carried out as per the contract.
If after reading this there remains any doubt do write to me.