I live in a society with 17 flats (Members) (One flat on ground floor -320 sq ft, two flats on ground floor 450 sq ft, 6 flats of 600 sq ft, 8 flats of 560 sq ft). I bought a flat six years ago in the society. In this period the building has done major repairs twice but both times, they have charged repairs contribution equally in all flats.
When I complained about this to insist that they charge according to per sq ft, the office bearers maintain that this is the way they have always charged and that they need not adhere to model byelaws if majority agrees with it. The thing is, there are no byelaws of the society currently. The society has no paperwork from the past.
The office bearers (and many residents) have been reluctant to discuss this issue in the first place and have given me no letter in writing that takes cognizance of my complaint. In the last meeting, where I took articles that proved that model byelaws say that major repairs should be charged according to carpet area, they have said that they will take legal opinion on this and inquire how they can change the byelaws and yet still not given me written answer. I had some questions:
1.What is the process of changing byelaws in this case? I have read that it needs to get registered by the Dy Registrar. What kind of majority voting does it need? Can a few members of the society generally charge whatever they want? Because in the case of the flats on groundfloor the difference between repairs charges is significant.
2.Even in case they change the byelaws, doesn’t the old repairs come under jursidiction of model byelaws (because the society doesn’t have any byelaws of its own for 40 years and we follow the model byelaws in everything else)? Won’t this mean that old decisions will still be governed by model byelaws?
3.If this amendment is passed, do I have any legal recourse to fight this rule? What is the process?
I C Naik
You have many questions mainly out of ignorance of cooperative societies law. The Question about what precisely is a member’s share in major repairs, and is relevant when the carpet areas of the flats are not uniform
1. Cooperative housing society comes in to existence after the latest Model of Bye-Laws (with or without modification as the promoters decide by majority ) is registered simultaneously with the registration of the society. Modifications by promoters will be scrutinized by the Registrar to see it is as per law.
2. Only that Model is relevant for any society which has registered it as its Bye-Laws. No other Model can be followed by the society.
3. Member has a right to demand and own a certified copy of registered bye-laws of his/her society upon payment of copying costs (Rs 100/- approx)
4. Bye-Laws can be amended as per procedure stated in the Bye-Laws itself and as per the provisions of Section 13 of the MCS Act 1960 and Rule 12 of the MCR 1961.
5. Amendment is to be registered with the Registrar of cooperative societies to bring it in to effect. If the Registrar is satisfied that the amendment is not contrary to the Act or the rules and is in the interest of the society and co-operative movement.
6. Sharing of maintenance, major minor repairs taxes has to be exactly in the manner provided in the Bye-Laws. Committee or general body meeting can not change it. If Bye-Laws are silent on sharing of any expenses the members in general body meeting has to pass a resolution as to the basis of sharing.
7. If you think any of the basis provided in Bye-Laws is unfair you ask the society to amend the Bye-Laws to change the basis. Members present in the meeting must pass such amendment by a special majority namely not less than 2/3 number of the total number of members voting on the amendment must say “yes” to the amendment.
I hope this will remove all the confusions you have in your mind and relieve you of the tensions. You have only 17 members. You need to convince another 11 members on your view point.