Query of Dr Ram Vir Sharma

Thanking you very much for your quick response and enlightening  me on GYM related matter. I have one more query for your opinion.  .

In a recently held AGM of our society, MC could not bring the detailed proposal of service charges correctly and during discussion lot of discrepancies have been pointed out by members for corrections. At one stage, secretary voted by headcounts the wrong calculated service charges. And then also 22 members were against implementation and 20 were to implement.

But  This fact is not been reflected in draft minutes of AGM. Subsequently ,within a short period of less than 2 months of holding AGM, MC is adamant to call special GB for somehow passing the charges.. so mc may call special GB any time.

During AGM, various charges are normally discussed as separate agendas as different resolutions are to be passed. But now, it seems MC wants to group all of them and clear it by hook and cook.

The some discrepancies in the presented service charges are :

1. Common service charge : Mixed up expenses on water charge / gym , election etc,  Water Charges : wrong calculation of inlets in different type of flats and need to be re worked
2. Parking Charges:  MC did not even propose parking charge for AGM consideration
3. Club Charges : MC did not even proposed any club / gym charges .
4. Sinking fund : No proper way of calculation , cooked up area is taken up
5. Repairs and Maintenance fund : No proper way of calculation, cooked up area is taken up

These are different agenda points for different resolutions ,   My query is Whether can these be considered in special GB ignoring the forum of AGM within a span of less than one or so  months  of holding AGM ( 25^th September 2016 ) and even before  draft of AGM is not yet circulated for member’s observation

You are requested to kindly clarify the above matter.

Thanking you and I would like to meet you some time with appointment .

I C Naik

RESPONSE

Assuming that your society is newly registered proposing Model bye-laws 2014 I try to clarify your doubts.

Please buy FORTHWITH (approx Rs 100) from the Secretary (Section 32 extracted below gives you this right) your bye-laws certified by the Secretary that these are registered bye laws of your  housing society and are in force.

“[Section 32 – Rights of members to see books, etc.

(1) Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.

(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed there for, a copy of any of the documents mentioned in the foregoing sub-section within one month from the date of payment of such fees.]”

Also take action as per Bye Law No 23:

171. A Member shall have right to inspect free of cost books, registers documents etc. as provided in Section 32 (1) of the Act and get copies of the documents as provided under Section 32 (2) of the Act, on payment of the fees prescribed under the bye-law No. 171.

1. A Member shall be entitled to receive a copy of the Approved Bye-laws, Audit Report of the Society, on payment of charges prescribed thereof.

Now read slowly and digest all the following Bye Laws:

1. No 67(a)  The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:
2. No 109: No resolution can be brought at a General Body Meeting of the Society, cancelling its previous resolution, unless six clear months have elapsed, after passing of the previous resolution.
3. No 110: Subject to the provisions of the Act, the Rules and the Bye-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 these Bye-laws.
4. No 111. 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-lawsof the Society.
5. No 112. Subject to the direction given or regulation made by a Meeting of The General Body of the Society, the Committee shall exercise all powers, expressly conferred on it and discharge all functions entrusted to it under the bye-law No. 138.

I suggest you redraft your doubts after going through the above bye-laws. For a quick reference go to office and ask for free inspection of bye-laws that will be faster and lateron do keep a copy handy at home.