Dear Sir,
As per TOI article on audited accounts, recently in 24th Sept my society in Mira Rd wanted to raise the monthly maintenance charges by 0.50 paise/sqft from Rs1/-per sqft effective from Nov 2017…however in the AGM members did not respond to a voice vote or raising of hands or head count, & the management interpreted such a response as agreeable for a hike & thereafter issued a minutes of the meeting incorporating the hike.. a committee member insisted that the vote should be of signature approval since the hike amounts to Rs 40000/- per month as revenue collection from a 106 member society…please note raising of hands or head count or voice vote cannot be recorded whereas a signature approval stands verified in writing….leaving no more room for corruption or mischief…ur help/comments or coordination…please. .
I C Naik
Going by your society’s registration number namely : HSG/TC/17434/2006-2007 it can be surmised that your builder has registered a set of Model bye-laws which the Commissioner for Cooperation and Registrar of Cooperative Societies had released to the Mumbai District Housing Federation for printing and making available to members for adoption at the next General Body Meeting.
The proposal to revise the maintenance charge from Re 1 per Sqft to Rs 1.50 was coolly received by the members in A G M and no votes were cast in favor or against. Members’ silence was taken as yes as if no one objected. What the Management Committee has done on 24thSeptember in A G M amounted to shirking its critical duty to the members, which is listed in bye-law No. 138 at item 11 reading as under:
“To fix in respect of every flat the society’s charges on the basis of the proportion laid down under the bye-law No. 69(a).”
This duty is cast on the Management Committee under your society’s registered bye-laws No 69(b) reading as under:
69 (b)The committee shall fix in respect of every flat the society charges on the basis laid down under the bye-laws-law No. 69 (a).
No wonder members kept quiet. It is not within their power to vote on rates of maintenance.
