Deepak
I am from Mumbai Maharashtra, would like to know with example how repair and sinking fund is calculated per month. It states some 0.75% per annum and 0.25% of construction cost but how it is calculated. Our society is new building developed in 2011 in Borivali area Mumbai. Please advise.
I C Naik
Practicing Architect certifies the construction cost for the purpose of calculating the rate of members’ contribution to their Society.
7th January,2015.
Respected Sir,
We have a building at Malad (west) Mumbai,400064, Maharashtra, having four wings A-1; A-2.; A-3.& A-4. The A-1 wing has registered a separate housing Society and another 3 wings have one separate housing society having 84 flats.under the name of LINK PALACE CO-OP.HOSING SOCIETY LTD.
The Election of our housing society i.e. Link Palace Co-operative Hsg Soc.Ltd Managing Committee was held in the Month of July 2010 as per the Model Bye laws of 2001 for the period of 3 Years,The elected committee have taken the charge on 1 st August, 2010 .Thereafter we have adopted the Model Bylaws of 2009 in the year 2012 According to the byelaws of 2001 the Election of the Managing Committee is to be held before 31 July 2013.However, the committee is continue till today.I think it is a care taker committee.
Now the Managing Committee has issued one circular stating that committee wants to installed/errect 4 G Tower on terrace of the Building and requested the members to give concent/approval on paper for installation/errection of the 4G towers on the buildings of the society.The reasons that they have given is, the 70% of the total members are not attending the General Body/Special Body meeting which are required to discusse the matter and to pass the resolution.The last year’s General Body Meeting i.e.2013 the Committee was brought this proposal for approval however, the members present in the General Body refused the proposal .It is also on the record.
Some of the members including myself have taken strong objection on the ground that there is no provision in the byelaws of the society to give societie’s premises on lease basis to any persons and also on the grounds of rediation and stability of the building and other reasons .The society’s building is more than 29 years old. having No Occupation Certificate.
It is also seen from the Byelaws of the Society,Maharashtra Cooperative Soc.Act 1960 and Maharashtra Cooperative Societies Rules,1961 that there are no provisions to obtain the consent/approval from the members without calling a General Body Meeting for that purpose.
I have gone through the Byelaws of the Housing Society and I also found that in the Byelaws No. 170 that the society shall not let out or give on leave and licence basis or permit any subletting, giving on leave and licence basis any open space available under the staircases,Terraces/open ground/ lawns/ club house /common Hall etc.or to any person whether the member of the society or not,for any purposes whatsoever.
(2)
It is also seen from the Circular issued by our housing society that the society is giving the premises for 10 years on lease basis for the consideration of only 3 Lakhs per year with 10 % increase after every 3 Years.And also giving place on the errace,Top of Lift Area and Gound floor also.
Secondly there is another wing A-1 Link Palace Coop.Hsg Soc.Ltd..They have errected the mobile towers on their building since long back.It is not known whether it is authorised or otherwise.I have read in the news pepers that in Mumbai especially in suburban many mobile towers on the terrace of the housing society are unuthorised.The facts are to be ascertain.
I have discussed the matter with the soc.however, the society is telling that there will be no harm on the human body by rediation.I have read many articles stating that the rediation from the mobile tower are dengerous. I saw a report on internet prepared by Prof.Shri Girishkumar from Mumbai IIT which was submitted by him in 2010 to the Secretary DoT,Delhi. after that the Centra Govt. have issued some guidelines in the matter.
Further I have enquired with the Cooperative Department of the Maharashtra, whether they have issued any orders in the matter and found that they have issued the orders dt. 3.6.2014 directing to implement procedure and practice for installing mobile towers on the terrace or to display advertisement board/hoarding on the building of the co-operative Housing /premises societies,giving the detailed procedure. Accoring to the directives, the Managing
Committee of the Society must called General Body/SplGen.Body Meeting for this purpose and 70 % of the total members must attend the meeting and approve the
proposal.In the Orders some other conditions are mentioned.The society must follow the directives of the Government.
Inspite of the clear instruction/directives issued by the Maharashtra Government , the Office Bearers and the Members of the Managing Committee are not listening/observing the same.
Your are therefore, requested to give some suggestions to tackle this issue.The committee of our society is not doing the work according to the rules and regulation. The members of the society are not also taking any interst in the administration of society.
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