Treat by-laws as your Bible

Inderpal Singh Sethi

I hold position in our society of 42 units as vice secretary. Our society was formed in February this year and we had our GBM in June.

My questions are as below:

1.How do we proceed with share certificates, what are the laws related to it and how do we decide the amount of certificate to be released per unit.

2.We have currently decided to charge Rs 1 per sq feet for owners. What is the maintenance that can be charged for shops (7/42 units), rentals and unoccupied rooms.

3.Can shops be given parking in the complex, we have 8 parking sin the bldg and 3 are SOLD to shops?

4.We do not have society office or security room in the premises, can we construct one and how do we pay for it, through donations from the society members or maintenance charges?

5.We found sittings, cigarette buds, alcohol bottles, sanitary and other unhygienic stuff thrown in the society premises, how easily can we reduce this?

6.One of the shop owners is running a hotel and his hotel operators/waiters are all put up in society room which is again owned by the hotelier. Issue is whole balcony being used and abused to stock unnecessary items and which is leading to lowering of the image of society? Is there something that can be done by society?

7.One member has purchased stilt parking but parks a scooter there, can we take any actions?

 

I C Naik

You must be aware that your C H S has registered Bye-Laws as per Model 2009.

After registration of the Society a certified copy of the registered Bye-Laws of your society must have been delivered to the developer in his capacity as a Chief Promoter. Get hold of these Bye-Laws and read carefully. You will find answers to your questions in this 116 page Booklet. This is your Geeta, Bible, Quran, Granthsaheb etc.

Your questions give an impression that there are not enough conscious members to manage the Society well. For example three Office bearers namely Chairman Secretary and Treasurer are to be elected for every society but you Committee has chosen you as Vice-Secretary and dumped everything on your shoulder. As per Bye-Law No 115 your Committee must have 9 members including a woman.

It is very likely that the builder has handed over the Society management in a halfhearted manner. Please make sure your Chairman received the documents as listed in Bye-Law No 91.

I suggest the entire committee must seat together with one copy of the registered Bye-Laws of the Society and read each one of them carefully.

The society is heading for a management disaster unless the Committee members become serious about running the society seriously.

For example the hotel activity – is it permitted as per Letter of shop allotment issued or deemed to have been issued) to the concerned member under Bye-Law No 76.

Standard of cleanliness as described by you is set to the members finding themselves walking around heaps of garbage in a year.

These days cooperative housing society on an average charge Rs 3-5 per sq ft. your Rupee 1 per sq. ft will bring financial disaster before a regular managing committee is elected.

Perhaps there is a ray of hope in you being in the Committee. So take steps as outlined above.

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