Query of Amit Vernekar

I am one of the members of the MC of our society in Pune bearing number PNA/PNA(3)/HSG/(TC)/15405/2013/DT.02/12/2013

There are few questions that I need some clarification…

1. Is the sinking fund statutory compliance from the government (is it compulsory)? If yes what are the guidelines for arriving at the rate?
2. In case the tenant/owner not paying the basic maintenance charges, how can we legally get him to pay them. What actions can we take?
3. In case the owner has pending dues with the society, is he/she eligible to become a member of the MC?
4. What is the role of the CA and how can we account him for the discrepancies related to the audited account data?

I would really appreciate if you can provide me clarifications to the above questions or guide me to a certified source who can.

I C Naik

The latest version of Model bye-laws (2014) was released by Commissioner for Cooperation and Registrar of Cooperative Societies for printing on 1-11-2013. So a presumption is your housing society’s registered  bye-laws are as per this Model.

1.   Sinking Fund:

Establishing and maintaining Sinking Fund is a mandate under registered bye-laws of every housing society. It is calculated at a percentage of  construction cost of the building / flats  as may be fixed in the General Body Meeting with a floor level percentage specified in the registered bye-laws of the society.

Look up bye-laws 13 (c)

https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Model%20Bye%20Laws%20of%20Coop%20Housing%20Society%20New%20Flatowner%20Type%20(2-9-14).pdf

2. Member failing to pay maintenance charges:

Pass a resolution of tolerance period after which the defaulter will be chased by the Committee/the Hon. Secretary through ordinary Notice, followed by quick notice by post under certificate of posting demanding the payment of dues and if he persists in not paying there is a Section 101 under which the Committee should obtain a Recovery Certificate from the Dy. Registrar. Amount payable as per 101 Recovery Certificate is recoverable like Land Revenue Payable to the Government.   It’s a highly procedure oriented provision of law and the M C R 1961 has prescribed Rule 86A-86J:

Open by copy paste following link

https://consumerresourcesin.files.wordpress.com/2014/10/mscrulesfinal-2014.pdf

3. In case the owner has pending dues with the society, is he/she eligible to become a member of the MC?

A disqualification clause is provided under the M C S Act 1960 Section 73CA(1):

“no person shall be eligible for being appointed, nominated, elected, co-opted or, for being a member of a committee, if he–(i) is a defaulter of any society;

Explanation.–For the purposes of this clause, the term “defaulter” includes–

(e)in the case of housing societies, a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under certificate of posting demanding the payment of dues;

4. What is the role of the CA and how can we account him for the discrepancies related to the audited account data?

Auditor is responsible to give a comprehensive Report as specified in the Act. Look up Section 81-90

Open by copy paste following link

https://www.arshiyaenterprises.in/wp-content/uploads/2017/01/MCS-1960.pdf

If you still have any doubts do write to me.