S K Shinde
Sir, with due respect, I would like to know the following:-
a.Any member who is not staying in the society premises keeping his flat vacant or his plot vacant for many years, can become chairman, secretary, treasure or member of managing committee?
b.Any member who has not developed his plot as per the agreement with the society to construct his house within 3 years of the allotment of plot, can he claim the allotment of another plot, after 22 years of 1st. allotment, if his plot is being taken by the Govt. for the public interest work.
c.What to do if: A member of coop. society have given Fake and Fictitious declaration for the membership of the society that he is not having house / plot, in Mumbai / thane / Navi Mumbai and raged dist. and later found the his declaration is not true.
I will be thankful for your opinion as per bylaws. Thanking you once again.
I C Naik
Almost all housing society questions can be answered referring to registered Bye-Laws of the concerned housing society of the concerned member. There are several Model Bye Laws like 1984, 2001, 2009 and 2014. Answer to a question may differ from Bye-laws to Bye-laws. As such member of cooperative housing societies having any question should exercise his legal right to peruse or get certified copy of Bye-Laws (Costing around Rupees 100) conferred under section 32 of the M C S Act 1960 reproduced below.
Section 32 – Rights of members to see books, etc.
(1) Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.
(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed there for, a copy of any of the documents mentioned in the foregoing sub-section within one month from the date of payment of such fees.
If a member has difficulty in interpretation of a Bye-law may please narrate the difficulty and Bye-Law No (and preferably text and the Model year) and raise a well organized question.
Answers given making assumptions may be incorrect.
