Query from Alvito D Silva

Creado Society, Amboli, Andheri West, Mumbai 400058; Regn No  Bom/NKW/HSG/TC/4359 of 1988–89

Our Secretary runs a business of Private taxis. Presently he pays Rs 100 per car as per MC / AGM sanction. Last two months he had parked in all four taxis.

Can the Society increase the parking charges for his taxis  at commercial rates. i.e. Rs 300 to 400 and also restrict car parking to just two cars.

I C Naik

Off late number of members of cooperative housing societies showing displeasure to faulty practices by members of the Management Committees to gain advantage. The Management Committee members are giving honorary services to the members and they do carry respect for that. Getting benefit at the costs of other members or putting the society to disadvantage is not systematically dealt with.

A Dsilva is one of them. But he has at least taken one right step. He has brought to public knowledge, some doubt full practices by the Hon. Secretary of his housing society “Creado Society  Amboli, Andheri West, Mumbai 400058 as regards use of extremely precious parking facilities in a posh sub-urb residential areas like Andheri.

A Dsilva is advised to make an application to the Hon. Secretary under Rule 27 of the M C R 1961 asking for copy of registered bye-laws as also any Rule made in General Body Meeting regarding use of Parking facilities. The Rule is :

“Every such  application shall be accompanied by a deposit of such amount as may be decided by the committee for recovering the cost of preparing the copies according to the  following scale, namely :-

 (i) up to A4 Size paper-per page Rs. 2, and (ii) larger than A4 Size paper-per page Rs. 3On receipt of the deposit, the society shall issue a receipt for the same.

 (2) Where the copies are prepared, the amount due from the member according to the scale laid down in sub-rule (i) shall be retained by the society as copying fees  and the surplus amount, if any remaining out of the deposit shall be refunded to the member at the time of supplying copies. Where the amount deposited by the member is found to be insufficient to cover the copying fees, the member shall be called upon to pay the deficit before taking delivery of the copies.

(3) The copies shall be certified and signed as true copies by any person duly authorised in this behalf by the committee or under the by-laws of the society.  After getting these documents he should find out the rules on parking binding on the Committee as well as members including all office bearers in their capacity as members.

If any discrepancy is found in actual practice and Rules, ask for clarification in writing. If as a lone member you find it difficult to raise the issue then talk to other members and write a joint letter.

I cannot give correct answer to your questions as I do not have the information which you also do not have. After all this having been done or any time midway you are free to write to me without any hesitation.

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