I am Dr. Ashwin I Mehta. I am resident of a building which comes under jurisdiction of Deputy registrar Andheri (east)—K/east ward. Before society got registration, the building was managed by a committee for about 20 years.
The old committee started charging maintenance arbitrarily from 2009 onward discriminating large flat owners to pay service charges more than others. A registered society was formed sometime in July 2015. In AGM in August it was passed that service charges shall be levied as per Bye-laws.
New managing committee has continued to show arrears of the previous committee and continued to levy maintenance as per their whims. I wrote about situation to Deputy Registrar K/east ward by registered ad post, but no reply has been received till today. Kindly guide me to find remedial solution.
I C Naik
What you need to do is to make an application to the Secretary (the Hon. Secretary ) requesting to provide you a certified copy of the registered bye laws of your housing society certified by the Hon. Secretary as registered bye laws of the Society in force. Send a cheque of Rs 500 along with the application as deposit for copying charges and to be adjusted to actual costs as per the bill of Xeroxing charges. This will take between 5-35 days depending on your equation with the Hon. Secretary or office staff. If he is a nut he may not respond at all.
So what you can do is down load 2014 Model bye-laws from the following link.
In this things to note:
- Chapter II,E,2 and 3 has 28 number assigned to two bye-laws.
- Consequently in printed version 1 number got added when 28 was changed to 29.
- The Society may have made some changes while registering which can be found out only by comparing the registered version with downloaded using the above link.
Preferably you should devote some time to go through all bye-laws but for your action, following bye-laws are relevant:
- Chapter IX
- Chapter XIX
You should verify your society charges bill content and amounts to find out the deviations from what bye-laws command to the Society.
“In Agm in August it was passed that service charges shall be levied as per Bye-laws. New managing committee has continued to show arrears of the previous committee and continued to levy maitenance as per their whims.
Your writing the Deputy Registrar is not giving results because this matter as per Chapter XIX is not with in his jurisdiction.
The deviations will have to be pointed out to office bearers by following the procedure as per Chapter XIX.
