May I take this opportunity to know some information of Maharashtra Society By Laws Act.
I am living in Co-operative Housing Society at Pune having # 200> flats. I am retired person and have no income. Now in last year AGM, Rs,100/- p.m. towards Sports and Cultural Activity fund is newly charged after passing resolution in AGM.
But I am not in position to bear the increased cost in Monthly Maintenance Charges Rs.100/- p.m. Around 50 members are of the opinion that this amount is not affordable.
So please guide me as to how I can withdraw/amend/cancel this resolution with reference to following rules as prescribed in Bye Laws of Maharashtra Housing Society Act prevailing in force.
* Chapter VIII. LEVY OF CHARGES OF THE SOCIETY. The contributions to be collected from the members of the society, towards outgoings and establishment of the funds, are referred to in the bye-laws-laws as “the charges” as a matter of convenience.
* Ancillary object of housing societies at clause (d) in Bye-Law No 5 reads: “To undertake and provide for, on its own account or jointly with a co-operative institution, social, cultural or recreational activities;” Not for no reason, it is positioned after a clause ( c ) reading: “To raise funds for achieving the objects of the society;”
*Funds for activities permitted under Object 5(d) are to be drawn from the Welfare Fund to be established as provided in Clause (iii) of Bye-Law No 148(b) reading: 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).
*Calculation of monthly collections which must fully conform to Bye-Law No 71(a) opening line reading : “The Committee shall apportion the Share of each member towards the charges of the society on the following basis:” It is obligatory duty and even the general body meeting has no say in this matter. But rarely does management fully absorb all outgoings in to rate fixed, thereby diverting interest income to outgoings. Result is loss or just breakeven.
Looking forward to hear your prompt reply.
I C Naik
You have understood the welfare fund very well. The demand from every member for attaining object as per Bye-law No 5 (d) cannot be raised by the Management Committee under Bye-law No 71(a). But most housing societies are violating Bye-law No 71(a) and not collecting society dues as required under bye-laws 71(a). You can read this issue at length by clicking on the following URL:
What you ca do is to file a consumer redressal application to District Consumer Forum. You do not need a lawyer. You can yourself stand up before the Judge and say what you have written in your mail. If you need any help to do this please write to me.
