Rashmi Agrawal
My housing society in Mumbai paid to external consultants for some structure-related advice for the building. Do I, as a member, have right to get a copy of the report from the society? (It will be helpful if you can quote relevant section/rules/byelaws)
I C Naik
MCS Act 1961 provides for a member’s right as under:
Section 32 – Rights of members to see books, etc.
(1) Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.
(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed there for, a copy of any of the documents mentioned in the foregoing sub-section within one month from the date of payment of such fees.
Unfortunately such important information is not listed in this Section. Bye laws are also silent. You can get copies of the relevant minutes of the committee meeting where such advice may have been recorded. Another way of knowing the advice is when the accounts are placed in next AGM for adoption by members, making reference to the amounts paid to consultant ask for explanation as to what was the advice given by the Consultant.