Have below queries related with society, I am living at Charkop Jaydev and in a managing committee.
1.Society wanted to charge maintenance & property tax to Terrace flat owners .as they r using it personally n some have done construction on terrace as well. What is penalty for them or how much society can charge them as maintenance and property tax n from which date?
2.Do Second joint owner can become member in the managing committee?
3.If managing committee member is not agreed with the decision then do committee have right to fire the said member from committee or the person refused to sign mom of agm due to conflict in decision.
4.How long member can continue in managing committee? If a person in the committee continues be member for more than 6 yrs than its as per law or any action need to be done?
5.property tax is paid by society but now wanted to transfer to flat owners .is society is responsible if flat owners failed to pay their flat property tax?
Kindly help me in resolving query as per Mumbai society bylaws.
I C Naik
?Sarita Arun has raised several queries very vital to management of housing society in accordance with Bye-Laws. It is suggested that Saritajee picks up the registered bye-laws of the society and read these responses to appreciate them appropriately and take firm steps to bring the functioning of the society to order.
1.The terrace flat-holders are using terrace personally, some having carried out construction: Can the society charge them higher maintenance and taxes and penalty which date?
RESPONSE
(i) Bye-Law No 170 lays down directions as to the use of the terrace in these words “ The Committee may allow temporary use of the terrace of the society’s building by any member, on his written application, for any function, subject to such restrictions and on payment of such charges to the society as the meeting of the general body of the society may decide.”
(ii) Where a temporary use of terrace is permissible subject to conditions fixed by members in general body meeting, the case before us is incomparable and unimaginable. The concerned flat-holders have committed an extremely serious breach of Bye-Laws, it can be easily surmised by the managing committee. Every member has been issued a flat allotment letter. Last condition of this letter reads: “Any breach/*breaches of the bye-law/bye-laws of the society, which is /*are considered by the Managing Committee of the society of serious nature shall render you liable for expulsion from membership of the society and consequent eviction from the flat”
(iii) No member can argue ignorance of Bye-Law No 170 or conditions specified in the allotment letter. This is because, the mandatory application form [under Rule 19(i) of the MCR 1961] seeking admission to membership contains a declaration / an undertaking by the applicant reading as “I have gone through the bye-laws of the society and undertake to abide by the same and any modifications that the Registering Authority may make in them.”
(iv) Charging different maintenance/tax is not supported by the Bye-Laws so that is ruled out. Penalty yes. But not without adhering to the procedure laid down under Bye-Law No 165 as a matter of natural justice and in the spirit of cooperation. For brevity it is not reproduced here. Natural justice requires that a penalty for the breach is known in advance and it must be fixed by general body meeting and not at the whims of the committee.
(v) As an immediate action the committee should take record of the irregularities by each member with names flat numbers and irregularities (details of breach of Bye-Laws) and resolve that the Secretary writes to these members individual letters informing of the committee’s resolution. Specify accurately what exactly was the action that th amounted to breach of Bye-Law No xxxxx which the Committee considered very serious in nature. Each member should be exhorted to take corrective steps forthwith giving reasonable time to each one depending on the extent of the breach.
(vi) After expiry of the notice period as aforesaid if the memberdid not relent, the Committee should by a resolution direct the Secretary to issue show cause notices to each one to explain in a time bound manner, as to why they should not be expelled from the membership of the society.
(vii) If no replay is received or reply is found unsatisfactory start proceedings of expulsion in accordance with provisions of registered bye-laws in Part (B): Expulsion of a Member of Chapter III: RESPOSIBILITIES AND LIABILITIES OF MEMBERS.
2.Do Second joint owner can become member in the managing committee?
Consult Chapter II RIGHTS OF MEMBERS in registered bye-laws and if interested you may also click on the following URL to gain an insight on the subject.
https://www.indiancooperative.com/featured/scea-compounds-confusion-on-am/
3.If a managing committee member does not agree with the decisionthen he has a right to get his/her vote of decent recorded in minutes. Committee has no right to fire the said member from committee as he/she is elected by members and not by the committee.
4.A member can continue in managing committee as long as he/she is elected.
5.Property tax demand can be raised by BMC on member directly. The society can make a request to the bmC. After that the Society is not responsible if flat owners failed to pay their flat property tax
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