I am resident of Brahmand ph3 thane and a MCM member. Our MCM has 17 members. Our society being old one faces lot of maintenance issues. For water proofing /shed construction we had taken SGM in which it was decided that the required fund will be raised from all the members with additional monthly installment of Rs 1500. Its been 8 months that we are contributing for the same. But few of our committee members are not paying the water proofing charges deliberately. They are paying the regular maintenance. Do they have any rights of being in mcm if they are not complying the rules and resolutions passed. During the AGM the same issue was re discussed and majority of the members supported to continue collecting the fund. In this particular case the matter of concern is the secretary and vice Chairman both have been found recently not contributing for the fund. Also the secretary have been found involved in loose talks saying the shed or water proofing is not possible and collected fund will be returned. Being a secretary how can he do such loose talk. Please advise.
Also before the AGM Secretary had put forth the proposal to collect cultural activity fees in our regular maintenance bill for which i alone opposed and later everyone forcibly agreed as this does not fit in by-laws of the chs. But now the committee is celebrating new year eve as cultural activity for which approval required to be taken in agm is not done. Honourable chairpersons apart from treasurer are not replying the queries raised. The fact of prioritizing facts have been brought to their notice but no response. It would be great if you provide advice and suggestions which i can share with my society members.
I C Naik
- The Management Committee members have no new privileges than what members have. If any member is not paying charges billed by the Society as per Bye-law No 71(a) or as per any decision of general body meeting for additional contribution he is liable to a charge of interest at the rate (not exceeding 21%) as fixed by members in general body meeting . The Housing Society has to send notice of outstanding dues and if not paid with in three months of such Notice or date of the Bill if he has a member of the Management Committee he has to be removed from the Management Committee under advise to him. Further the Society should apply to the Registrar for issuing a recovery certificate as provided under Section 101 of the MCS Act 1960 .
- Secretary’s loose talk is not punishable except that no body will take him seriously.
- Cultural expenses can not be collected in maintenance bill because Bye-law No 149 provides that such expenses must be defrayed out of welfare fund created from profits of the Society .
