Maharashtra, Thane
TNA/(TNA)/HSG/TC/23979/Year 2012
Dear Sir,
Kindly advice, is there any Section under MCS Act / Bye-Laws for levying Tuition charges and AGM non-attendance penalty ?
Our society is charging Rs.500/- (every month) towards tuition charges, as my non-working wife takes tuition in our owned flat.
Society had also charged Rs. 1000/- as penalty for not attending single AGM in the year 2016.
Resolution for AGM non-attendance penalty was passed in 2016 AGM, and society started adding penalty immediately after 2016 meeting. If resoltuion in passed in 2016, the penalty should be levied in 2017, if not attened in 2017. Resolution effect should be in 2017 and not in 2016 itself, in which year the resolution was passed.
Moreover, in 2017, Society cancelled the 2016 AGM non-attendance penalty of 1000/- and passed new resolution of penalty of Rs. 1000/- for not attending consecutive 2 years AGM, effective from 2017. Now, if resolution is passed in 2017, then penalty should be levied for not attending 2018 and 2019 AGM, for consecutive 2 years. Still, they are showing 1000/- due for AGM non-attendence (2016) in maintenance bill.
Resolution for taking permission, for tuition from society was passed in 2017, which means those who wanted to start tuition after 2017 AGM, have to take permission from society. Please note my wife started taking tuition in the year 2008, even before society was formed and registered.
Under Section 26 (2), a member have to attend at least 1 meeting in the consecutive 5 years, is there any provision for penalty for not attending single AGM.
As per bye-laws (amendment), ‘Flat’ defination includes – ‘coaching class’ also. Can society charge for taking tuition, considering it as commercial activity and for using lift and additional use of water, as students use toilet during class.
Lift maintenance charges should be equally divided between all the members and water charges is to be charged as per no of inlet and sizes, which is generally equal in all the flats, so water charges should also be divided equally between members. Is there any parameter for use of lift and water in the Act / Bye-laws.
Please confirm, is both the charges are as per MCS Act / Bye-Laws.
Your guidance and help is appreciable.
I C Naik
YOUR SOCIETY having registered in 2012 the latest Model available for registration was of 2009. The answers to issues raised by you are going to be based on the provisions of this model.
Three uses you have raised:
- Charges for using residential premises as Tuition Classes
- Penalty for Not attending a g m
- Parameters for use of the lift and water in the Act / Bye-laws.
- Use of flat is not governed by the definition but by the permission given in the Building Plan by the Civic Authorities through Development Rules. Property taxes are user driven so housing societies can not permit user of residential premises for commercial purposes unless approved by Municipal Authorities and property tax is levied accordingly.
- The General Body Meeting can fix rates of penalties for breach of Bye-Laws by the members. As your Bye-Laws * are as per 2009 Model none of the Bye-Laws cast duty on members t attend the Annual General Meeting as a duty. So penalty for this breach is not supported by law or Bye-Laws. The resolution of the General Body Meeting is illegal and not operative.
Basis of charging costs of common services and amenities like lift, water etc are specified in registered bye-laws of every housing society. Section 32(1) of the M C S Act 1960 empowers every member to inspect the registered bye-laws of his society free of charge. So better find out yourself visiting the society office during office hours of the society office.