I would request you to reply my queries as I am planning to attend our society’s AGM which is on 31st mar 2019.
1) Can I attend AGM on behalf of my parents (both holding 1flat each) even they are alive but will not be able to attend AGM, because on AGM notice it has been mentioned that OWNER must himself attend the AGM? If yes then what procedure should I follow to attend AGM?
2) Is there rules exist in MAHARASHTRA CO-OPERATIVE SOCIETY ACT that says different maintenance to COMMERCIAL SHOPS owner and RESIDENTIAL FLAT owners? If yes then please tell me ratio between basis of charging maintenance.
3) suppose some shops owner have merged their first floor flat with their shops, will the nature of that flat will get changed for charging maintenance or it will remain as residential in nature ? Or even if nature remain as residential then for charging maintenance.
4) In some of the flat, the tenants are using flat for preparation of their raw material ( Commercial and Residential both) which is going to be used for their commercial purpose in their factory, So is society have rights to charge COMMERCIAL MAINTENANCE from that owner even it is an RESIDENTIAL flat ?
I would request you to reply in best (detailed) possible manner as soon as possible before 31st march 2019.
IC Naik
Provisions concerning rights of ASSOCIATE member and definition have changed under Ordnance dated 9thMarch 2019:
These are extracted below:
Definition:
“Associate Member” means husband, wife, father, brother, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, nephew, niece person duly admitted to Membership of a housing society on written recommendation of a Member to exercise his rights and duties with his written prior consent and whose name does not stand in the share certificate”
This definition seems to suggest that following are Associate members
- any of the relatives stated above AND
- person duly admitted to Membership of a housing society on written recommendation of a Member to exercise his rights and duties with his written prior consent
AND as such you are an Associate member and can attend the meeting on written recommendation of a Member. In fact Section 154B11(1) reads “The Associate Member shall have right to vote with prior written consent of a Member”
Basis of Charging Maintenance
These are specified in the registered bye laws of every society. They are different for different housing societies. So ask the Honorary Secretary to provide basis as laid down in bye-laws. GENERAL BODY MEETING has no power to interfere in rates fixed as provided in bye-laws.
Purpose fr which flat can be used is to be mentioned in the Letter of Allotment in the form prescribed in bye-laws. This purpose cannot be changed by a member unilaterally. The Committee has to approve the new use after getting approval from the BMC as the use of a flat is governed by BMC.