Natalina Sanctis
Please enlighten me on the time interval required to hold special general body meetings in a CHS. Also guide me on the following :
I am living in a 30 year old building which is a complex of 5 buildings comprising of 280 flats each with 56 members. These buildings were painted 20 years back and no major repairs were undertaken all these years. Members have carried out modifications in their apartments with the results that there are leakages in most of the flats and monsoon leakages are quite heavy.
My queries are:
1.Is it mandatory to carry out structural audit before carrying out major structural repairs? If this is not done, is it possible to force the Managing Committee to carry out the structural audit? If so, how?
2.Is it possible to float the tenders without the structural audit?
3.Is it possible to carry out the repairs without a Project Management Consultant?
4.Are there any procedures to be followed for such major repairs as in the case of Redevelopment?
5.Can the fund collected for such major repairs be clubbed in the regular maintenance bill and 21% interest levied by the MC?
I had written a letter to the MC asking for inspection of the documents/procedures followed by the MC in April 2014. As we have not got the inspection of the same, we have not contributed to this fund. The Registrar has been informed of the same.
Could you please guide me how to proceed further on this matter, as the MC has written to us in June 2014 that as we have not paid the contribution to the Repairs Fund billed to us in the Maintenance Bill, we become DEFAULTERS and we have no RIGHT TO INSPECT THE DOCUMENTS.
I C Naik
Dear co-operator Natty,
Time and again it has been brought out that member having a question needs to be accurately identified to offer implementable suggestions. A member has to be identified a society registered in which State, and Year of registration as applicable Model Bye Laws can be referred to for any issue in doubt.
Both these are assumed and in Natty’s case also assumption is required. It’s a C H S in Maharashtra (MUMBAI) in the year 1984 a year in which a Model Bye-laws were approved which were replaced by Model 2001. As the Model Bye-Laws are not mandatory to adopt it is also assumed that Natty’s C H S did neither adopt Model 2001 nor the Model 2009.
Special general body meetings can be convened by the Chairman, the Committee, the members by submitting to the Secretary a requisition stating business to be transacted, signed by at least 1/5 number of members of the Society entitled to vote in the general body meeting. There is no time gap specified for holding next meeting after the one except the administrative time provided in the Bye-Laws (Bye-Law No 96/97).
Other questions:
The answers
1.Structural audit:
a.“PUBLIC NOTICE D.M.C./R.E./901 dt.11.06.2013 issued by MUNICIPAL CORPORATION OF GREATER MUMBAI:
COMPULSORY STRUCTURAL AUDIT OF PRIVATE BUILDINGS
The owner/occupants of the residential/non residential buildings in Greater Mumbai Limit are hereby informed that as per the provision of section 353B of the MMC Act 1888, it is obligatory on the part of every owner and occupier of buildings which are in existence and in use for more than 30 years to have them inspected through qualified Structural Engineer registered with Municipal Corporation of Greater Mumbai.”
The said period of 30 years shall be from the date of (i) issue of its completion certificate by the Corporation, or (ii) issue of permission to occupy a building under section 353A; or (iii) its physical occupation of at least 50 percent of its built-up area, whichever is earlier. It is also mandatory to get the repair work as suggested by the qualified Structural Engineer and submit the Completion Certificate alongwith the Structural Fitness Certificate to MCGM.
b.Form a group of like minded members and Inform in writing to the Assistant Commissioner of the Ward giving particulars of the C H S and BMX is bound to act on your information.
2.Float the tenders without audit?
Audit will be necessary even after carrying out the major repairs. So better it is done in advance. Committee members will be personally liable to compensate for loss to the Society if repair is carried out disregarding BMC directions.
3.Project Management Consultant?
Is a must in Redevelopment as per Circular issued under Section 79A of the Act. Not for major Repairs.
4.Major repairs and interest @21% interest levied by the MC?
Yes because, Collections under Various heads are defined as society dues and outstanding society dues are liable to simple interest at 21% p.a.or lower if the general body meeting so decides.
Hope you got useful inputs.