We are a CHS of 8 wings A to H. Managing committee has delegated repair and maintenance of each wing to wing members themselves thru wing repair teams headed by a wing representative who is a managing committee member. Raising and disbursal of funds and all repair and execution of repairs of a particular wing are then carried out thru resolutions taken at meeting of members of that wing and their repair team. These decisions are then conveyed to the managing committee thru minutes of these wing meetings. Funds raised by each wing, each according to their own requirements, are kept in separate repair accounts for each wing, and are separate from other society funds raised thru society general body resolutions. Managing committee only plays a supervisory role. However at times in case of disputes, it intervenes and unilaterally discards and overrides wing repair team decisions, even in matters of disbursal of that wing’s funds, even though there are no model bye law contraventions. I understand that repair and maintenance of a CHS is a function of the managing committee and not of society members. Is such a delegatory system of repair and maintenance of a society teneable in law under model bye laws and can a managing committee unilaterally disburse funds from a wing repair a/c wherein funds are not raised thru resolutions of the general body of the society? An finally, can any one of these 8 wings, opt out of this system, and hand back repair and maintenance of their wing to the managing committee of the society?
I C Naik
Though you have narrated the issue very well, I am amused by yoyr statement“ even though there are no ontravmodel bye law contraventions” Are You sure?
Have you yourself seen the model bye law which has not been contravened? I have written several times about bye-laws of a housing society. Unfortunately that is not read. I have to find the reason therefore.
“ No Model bye-laws” are to be followed so no contravention.
The Model bye-laws are recommended by the Commissioner for Co-operation and Registrar of Cooperative Societies from time to time with no set deadlines. It is fr th housing society to adopt a new one or stay with the registered bye laws.
So look at the registered bye laws in the office of the Society.[Not the Model bye-laws ; Make sure you have your housing society’s registered bye laws] There you should find, one chapter titled LEVY OF CHARGES OF THE SOCIETY with bye-laws on :
- Composition of the charges of the society
- Breakup of Service Charges of the Society
- (a) Sharing of the Society’s charges by the members
(b) Committee to fix Society’s charges in respect of every flat
Mostly you will find answers to your questions.