I live in a co-op housing society in Bandra West, Mumbai. They have been repairing the exterior of the wing in which I stay, and the repair has gone on for over a year more than they had promised. They’ve boarded up everyone’s Windows with plywood for this duration. The ply has a small window in it that can be opened after 6 pm everyday for ventilation.
My window was closed by the workers from the outside about two months ago. We are already suffocating because of the prolonged renovation, on top of which they’re not opening the window in the ply despite numerous requests.
Do you have any suggestions as to how I can tackle the issue of the window as well as the prolonged renovation.
Also, the new MC went ahead and spent 15 lakhs on new street lamps. I thought it was a bit excessive, and they haven’t taken permission. Any suggestions would be welcome.
I C Naik
Dear Nina
Use of the Society Funds sans authority for prolonged activity causing hardship and threat to health is the issue you are facing.
The management committee may be ignorant of the fact that your society’s registered bye laws specify certain financial authorities for the management committee. Need of more funds has to be sanctioned by special general body meeting as per procedure laid down in registered bye laws.
- Assuming your C H S bye-laws are based on 2009 Model for financial authorities of the management committee following bye-laws are relevant.
- (a) The Committee shall be competent to incur expenditure on the repairs and maintenance of the society’s property, if the one time expenditure does not exceed Rs.
Up to 25 Members ` 25,000/-
26 to 50 Members ` 50,000/-
Above 51 Members ` 1,00,000/-
(b) If the one time expenditure on repairs and maintenance of the society’s property exceeds the limits as mentioned above, prior sanction of the meeting of the general body of the society shall be necessary.
(c) The meeting of the general body of the society shall decide:
1) The limit up to which the expenditure on repairs and maintenance of the property of the society could be incurred by the Committee without calling for tenders for the work. In respect of the work, the cost of which exceeds the limit, so fixed, the Committee shall follow the procedure of inviting tenders, placing them before the general body meeting for approval and entering in to contract with the architect (if appointed) and the contractor.
2) The limit of expenditure on repairs and maintenance of the property of the society to be incurred by the society in a co-operative year.
Before you start taking actions you must collect documentary evidence that the management committee has violated above conditions . After that take steps as per Bye Law No 173,174 and 175 reproduced below.
173.Member/Members shall submit their complaint application to any of the Office bearers of society, in writing, giving thereby the details of the complaint.
174.After receipt of such complaint application, the committee shall take decision thereof, in the coming Managing Committee meeting. Such decision shall be communicated to the concerned member, with in 15 days thereof.
a.If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the Committee ,then he/they may make complaintto the Advisory Committee constituted by the General Body. If the concerned member is not even satisfied by the decision given by such Advisory Committee, then as per the nature of complaint the complainant may approach below mentioned authorised officer, namely the Cooperative Court for (a) Resolutions of the General Body and (c) Repairs, including major repairs, internal repairs, leakages