Joe Dsouza
The society is collecting a sum of Rs 50/- per flat irrespective of the number of family members ,vacant flats and two flats owned by the same family and the same is passed in the AGM and the amount is spend on one or two social gatherings per year. Can the society force or make members to participate in such events and seek compulsory contribution on the above heading mentioned in the subject. Please advice
I C Naik
All Bye Laws do provide for one of the objects of CHS as under:
Clause d) of Bye law 5:
To undertake and provide for, on its own account or jointly with a co-operative institution, social, cultural or recreational activities;
Bye Law no 148(b) (iii) provides
“ To allocate to a common welfare fund, such part of the profit, as the annual meeting of the general body may determine, to be utilized in furtherance of the objects specified in the bye-law No. 5(d).”
Rest of the Bye Laws are silent about contribution to Welfare fund or to undertake Cultural activities, being a voluntary activity management is expected to monitor.
Most housing societies misread the following general clauses under Bye-Law No 69,70 and 71 respectively [of Model Bye-Laws 1984[:
(xv) Any other charges
(xii) Any other charges approved by the general body at its meeting.
(xv) Any other charges : As may be decided by the general body of the society at its meeting.
Welfare activity is optional for the Society as also for its members and the general body meeting has no power to approve compulsory collection of contribution from members to finance voluntary activities, unlike Sinking Fund and Repair Fund which are expressly provided to be funded from members’ contribution as per Bye law 13.