Query of Anupam G

I saw your details on the web and felt to clear a question with you.

We have a residential society in Mumbai having 164 flats. We recently had first committee election and in that election.

1) A member who is not allowed to vote in election and reason given is partial payment due with society. Member has paid the dues which is legitimate but balance amount that is due to be paid as the invoice raised by society has penalty more the 5000 Rs per annum which is not valid as per By laws 166. So that was due and member has said he has no intention to hold the payment.

2) He also holds a question with society for calculation of society maintenance charges which was built by a consultant and committee member , however committee member was not able to clearly answer that and question was passed to consultant . Consultant gave a draft working and member planned to meet him but consultant after agreeing didn’t came to meet. Matter to given to secretary but he didn’t responded. What by laws can enable member to seek clarification

However Member has attended the meetings SGBM/AGM and paid the dues that is valid and clear till date. What remedial action member can take now with the society?

3) Also many members who were not the first owner of the flat took part in election and got elected.  To my knowledge only first name in the flat owner title ship valid for office bearer in the society. Pl helps us to validate this question with any By laws or legal notifications.

I  C Naik

Member’s voting right is not suspended under the M C S Act 1960  except  as provided under sub-section 1A of Section 27 reading as under:

“(1A) Notwithstanding anything contained in sub-section (1), an active member who subsequently fails to participate in the affairs of the society and to use the services up to the minimum level as specified, from time to time, in the by-laws, shall cease to be an active member and shall not be entitled to vote.”;

  1. In registered bye-laws of every housing society There is a chapter titled as

“LEVY OF CHARGES OF THE SOCIETY” in one of the bye-laws  under that chapter you will find a mandate to the Committee in these words : The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:

It is every member’s right to get certified copy of registered bye-laws of his / her housing society in full or part on payment of copying charges as prescribed in one of the registered bye-laws of the housing society. So you can ask for copy of the bye-laws of this chapter.

With this you will only know the theory of determining Society Charges. You need actual expenses under various heads listed out in the registered bye-laws. There is no provision to provide this information. The bye-law prescribing copying charges has a list of documents a member is entitled to get on payment of the prescribed copying fees. There are two items picked up from this bye-laws as extracted below

  • Minutes of the General Body Meetings and Committee Meetings

You can ask for a certified copy of the minutes of the Committee in which the rate at which Society Charges are to be collected are approved as so required under clause (b) of the concerned bye-law of the registered bye-laws of your society.  This clause in most models reads like this:

“The Committee shall fix in respect of every flat the Society charges on the basis laid as down under the bye-law No xx (a).”

It is most likely that the minutes of the meeting of the Committee doe not contain full details so as to understand the basis correctly.

You have here only recourse to file a complaint in the Cooperative Court u/s 91 that the Resolution of the Committee determining the rate of Society Charges is not accurately arrived at and the society should be directed to provide working of how the rate has been determined and also file an affidavit that the Committee has arrived at a rate as so required under registered bye-law No.xxx on the basis of apportionment of every charges as specified therein.

You are right. No 2 owner can not join the Committee as none of the Model bye-laws provide for any such right. Such election can be contested in Cooperative Court.

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