WHATSAPP FAQS 2015

CLICK FOLLOWING LINK FOR WHATSSAPP GROUP (CHOOSE ANY ONE OF THEM)

NAIGAON EAST • NAIGOAN WEST • VASAI EAST • VASAI WEST • NALAOPARA EAST • NALASOPARA WEST • VIRAR EAST • VIRAR WEST •

NAIGOAN EAST, NAIGOAN WEST
VASAI EAST, VASAI WEST
NALASOPARA EAST, NALASOPARA WEST
VIRAR EAST, VIRAR WEST

Whatsapp Faq From V.Viswanathan

ABOUT V.VISWANATHAN

V. Viswanathan is a practicing housing society consulant for the last 1 and 1/2 decades.

His interest in sharing knowledge has always taken him to higher heights in his chosen specialized practice in the area of Housing societies. He has authored co-authored nearly 20 books on various issues of Housing society functioning like conveyance, transfer of flat, parking, repairing, collection of dues, income tax, service tax for housing societies.

He is a regular faculty with number of Instititutes, Non Government Organisations throughout Maharashtra,

Regular speaker and contributor in various leading news papers on the subject of stamp duty, registration, conveyance, co-operative Audit, Management of Housing Societies, Rules, Bye-laws. He has delivered talks in number of Clubs, seminars, and many NGOS, programs organized by Co-operative Department, Revenue Department, Housing Departments of Maharashtra Government.

QW/VV/001/30.07.2015
If the office of Depty.Registrar Societies does not respond to R.AD.application under RTI.within stipulated time frame, to whom to make an appeal?
Answer by V.VISWANATHAN
The officer below the deputy registrar in vasai is the PIO (principle information officer) and deputy registrar is the appellate authority
**************************************************************************************************
QW/VV/002/30.07.2015
Vasai-Virar municipality corp come on which Category of municipalties?
what is the maximum transfer premium can be collected by society on flat transfer/sale from the buyer in case if purchased a falt in the vasai-virar belt?
Answer by V.VISWANATHAN
The VVCMC falls under the "A" municipal category and therefore the maximum transfer premium to be charged is Rs. 25,000/
**************************************************************************************************
QW/VV/003/30.07.2015
If some member gift his own flat to someone his relatives Is Transfer premium is payable by him.
Answer by V.VISWANATHAN
If the transfer is done to family member as defined in the circular / act then no transfer premium to be charged
**************************************************************************************************
QW/VV/004/30.07.2015
Sir at present we are charging maintenance as per flat rate for all shops & flats. Can we start charging maintenance as per sg.ft going forward. If change is possible under which rule it comes so we can inform members accordingly backed with some act or rule.
Answer by V.VISWANATHAN
You have to charge maintenance equally to all flat and shop owners. No deviation possible. Atleast in near future I don't think any changes possible in this . Not allowed at all . Period
**************************************************************************************************
QW/VV/005/30.07.2015
Shailesh oza frm ashokvan vasant karishma 9860295691 my qst is if the flat owner does not pay maintence for long time say two to three years then what is the action to be taken to get due maintence
Answer by V.VISWANATHAN
File a case before the deputy registrar under section 101 of the MCS act
**************************************************************************************************
QW/VV/006/30.07.2015
Whether Balance Sheet is to be submitted to Dy. Registrar, Vasai before AGM or after AGM ? And whether submission is responsibility of Society or Auditor ?
Answer by V.VISWANATHAN
As per section 81(5A) of the amended MCS act 2013 the onus is on the auditor to submit the report to deputy registrar within one month from the date of audit but in any case for the AGM
**************************************************************************************************
QW/VV/007/30.07.2015
Is it necessary to inform registrar regarding AGM, ???
Answer by V.VISWANATHAN
There is no onus casted on the society to inform the registrar about AGM however as a prudent practice to inform the registrar
**************************************************************************************************
QW/VV/008/30.07.2015
Whether Balance Sheet is to be submitted to Dy. Registrar, Vasai before AGM or after AGM ? And whether submission is responsibility of Society or Auditor ?
Answer by V.VISWANATHAN
As per section 81(5A) of the amended MCS act 2013 the onus is on the auditor to submit the report to deputy registrar within one month from the date of audit but in any case for the AGM
**************************************************************************************************
QW/VV/09/31.07.2015
Whether Balance Sheet is to be submitted to Dy. Registrar, Vasai before AGM or after AGM ? And whether subm ission is responsibility of Society or Auditor ?
Answer by V.VISWANATHAN
As per section 81(5A) of the amended MCS act 2013 the onus is on the auditor to submit the report to deputy registrar within one month from the date of audit but in any case for the AGM.
**************************************************************************************************
QW/VV/10/31.07.2015
Vasai-Virar municipality corp come on which Category of municipalties?
what is the maximum transfer premium can be collected by society on flat transfer/sale from the buyer in case if purchased a falt in the vasai-virar belt?
Answer by V.VISWANATHAN
The VVCMC falls under the "A" municipal category and therefore the maximum transfer premium to be charged is Rs. 25,000/- **************************************************************************************************
QW/VV/11/31.07.2015
Sir in case of the death of a member as per append I X-16 under byelaw 34 an ad has to be given in two local newspaper. The question is who is supposed to issue and pay for those ads , the society or the person in whose name the flat will be transfered ?.
Answer by V.VISWANATHAN
The newspaper ads has to be given by the society on their letter head. Obviously the society would and should ask the beneficiary to pay for it.
**************************************************************************************************
QW/VV/12/31.07.2015.
Is it necessaryc to inform registrar regarding AGM, ???
Answer by V.VISWANATHAN
There is no onus casted on the society to inform the registrar about AGM however as a prudent practice to inform the registrar. **************************************************************************************************
QW/VV/13/31.07.2015.
Sir our society formed in 2007. 25 flats and 26 shops. Ttl 51 members.
Society is charging maintenance charge as under.: rs 1/- per Sq ft for Flats and Double rs 2/- per Sq ft for Shops. Saying it's a Commercial premises. Is it Legal as per Bylaws ?Secondly society is charging rs 500 /- as Non Occupancy charge for all the Shops given on Rent.
Is it Legal as per Bylaws ? They are also charging rs 30,000/- as A Transfer Fees. Is it legal as per Bylaws ? We have our AGM ON 15Aug. Can shop keepers take Objection for the above three matters ?
Answer by V.VISWANATHAN
The maintenance has to be equal irrespective whether it's flat or shop and size.
Non occupancy charges cannot be more than 10% of service charges
Transfer premium cannot be more than 25,000/-
Any member including shop owners can take objection about the same.
**************************************************************************************************
QW/VV/14/31.07.2015
Sir at present we are charging maintenance as per flat rate for all shops & flats. Can we start charging maintenance as per sg.ft going forward. If change is possible under which rule it comes so we can inform members accordingly backed with some act or rule.
Answer by V.VISWANATHAN
You have to charge maintenance equally to all flat and shop owners. No deviation possible. Atleast in near future I don't think any changes possible in this . Not allowed at all . Period.
**************************************************************************************************
QW/VV/15/31.07.2015
In one of our society, secretary's Name is not there in Flat Agreement For Sale. Flat is in the name of his wife only alone.
By just filling Associate Form he became Secretary of the society. Is it Legal as per Bylaws ? Can he became like this ?
Pls inform nd reply.
Answer by V.VISWANATHAN
Prior to 14.2.13(date of amendment of MCS act ) a person was allowed to become an associate member and also hold office bearership by paying Rs.100/- entrance fees and filling up form 10A &7. Post the amendment it is not allowed. Now if a persons name is not in the agreement he / she cannot be an associate member.
However those you have already become an associate member as per old act (prior to 14.2.13) can continue to be so until regular elections are conducted in the society whenever it's due. Eg. If the society's election was on 2012 and an associate member (without name in the property) became an office bearer by filling up form 10A and 7 then until 2017(next election due) he can continue to be office bearer even though new act is applicable
**************************************************************************************************
QW/VV/16/31.07.2015
If some member gift his own flat to someone his relatives Is Transfer premium is payable by him.
Answer by V.VISWANATHAN
If the transfer is done to family member as defined in the circular / act then no transfer premium to be charged
**************************************************************************************************
QW/VV/17/31.07.2015
Shailesh oza frm ashokvan vasant karishma 9860295691 my qst is if the flat owner does not pay maintence for long time say two to three years then what is the action to be taken to get due maintence
Answer by V.VISWANATHAN
File a case before the deputy registrar under section 101 of the MCS act.
**************************************************************************************************
QW/VV/18/31.07.2015.
what is difference between " membership " and " ownership "?
Answer by V.VISWANATHAN
This question would have an answer prior to 14.2.13. Now has no relevance except nominal membership . Now if you are not a owner then you can't become a member. Previously associate membership was allowed even without name in the property now not allowed. Nominal member is the one not being the owner but using the premises in society like the licencee.
**************************************************************************************************
QW/VV/19/31.07.2015
In case of a single nominee and where the other heir is not a resident of india but a citizen of usa and having no documentary proff of indianness which are to be filled by the single nominee for transfer of the flat.
Answer by V.Viswanathan
If the nominee is single then where is the question of needing the other . Not clear with question.
**************************************************************************************************
QW/VV/20/01.08.2015
If an agreement is only on husband's name, who has taken a loan and wife's name is not included. To include wife's name, can the agreement be amended in the form of deed of rectification or by any other way like gift deed / re-registration / filling any membership form.
If yes, what will be approximate charges for amendment ??
In such methods, is wife is allowed to become office bearer after amendment is done??
Answer by V.VISWANATHAN
Technically if there is a loan on any flat then you cannot add/alter/ amend the deed without the permission from the bank. Presuming that you have taken permission you may do so by gift deed / agreement for sale / rectification deed. There is possibility of objection by the SUb registrar office for rectification deed. However since there is no stamp duty post 24.4.15 for certain relatives he may agree
**************************************************************************************************
QW/VV/21/01.08.2015
Sir is it compulsory to send all correspondence and notice to society members in Hindi and Marathi or we can communicate in common language ie English.
Answer by V.VISWANATHAN
The society has to follow the language in which they would have agreed in the application form for registration for accounts. For general communication English Hindi or Marathi can be used in Maharashtra
**************************************************************************************************
QW/VV/22/01.08.2015
Under what law has the beneficiary to pay for the ad as he is submiting all the rewuired original documents it is the society which has the doubts so why the burden on the beneficiary and i also had raised other question regarding citizenship of heir
Mr ramesh prabhu kindly clearfy why should i invite this problem of the making of the society
Sirji second question ka answer mil gaya thankyou but first question about ad is still not clear. The ad has to be issued by society but the beneficiary has not told the society to issue the ad so why does the beneficiary has to pay for the ad and under what law please explain
Answer by V.VISWANATHAN
I will give an example suppose a child is born . Getting birth certificate is compulsory as per law and local authority is given right to do so . However they have also been given the right to collect a fees of Rs 10/ or 25/- to issue a birth certificate . Similarly the law has put the onus on the society to issue the ad however as the MCS rules 1961 they have right to has for the money. Once all the papers are received from member the society should send a letter to the beneficiary requesting him to deposit the sum to society before issuing the ad. If not then the society should not transfer his membership. Hope now clear
***************************************************************************************************
QW/VV/23/01.08.2015
A situation has arised that a flat belonged to 2 brothers and one of the brothers has expired and nomination has not been filed. If all the legal heirs of the deceased person has given no objection on a stamp paper to transfer the flat in the name of other brother, is this sufficient.
My question is Still not answered
Srinath Nair treasurer vasant karishma ashokvan complex.
Answer by V.VISWANATHAN
Just obtaining NOC from other legal heirs does not suffice. You have to follow the entire legal formalities as the MCS act and rules. I had replied to such similar question . However shall repeat it.
Such transfer is called transmission. All the legal heirs have to come together . The beneficiary would have to give an indemnity bond as per appendix 19, and other legal heirs to give affidavit on are 100/- stamp paper, then paper notice in two newspaper as per appendix 16 and various other forms for membership. Caution. By doing this the applicant only gets membership in society and not ownership in property. For that they have to obtain succession certificate / heirship certificate
**************************************************************************************************
QW/VV/24/01.08.2015
So should we cancel associate membership of earlier member.should their names be cancelled from share certificate.
Answer by V.VISWANATHAN
Any membership cannot be cancelled just like that. Proper procedure as mentioned in section 35 of the act has to be strictly adhered to.
Secondly there is no need to cancel an associate membership . I understand you are asking this considering the change in law wherein prior to 14.2.13 (date of amendment of MCS act 2013) where some one becomes an associate member without name in the property and continues to remain so after that date too. There also you can continue until regular elections. Once election are conducted post that date then the associate member automatically losses him rights .
**************************************************************************************************
QW/VV/025/03.08.2015
Sir, can you please let us know of it is mandatory to adopt the new bye laws, our society has not yet adopted the new bye laws. What is the legal obligations on part of the society? Are they bound to adopt or it is an option?
Answer by V.VISWANATHAN
It is mandatory and compulsory to adopt the bye laws. In case if not done the registrar has rights to not only dismiss the committee but also de register the society
**************************************************************************************************
QW/VV/026/03.08.2015
Flat owner has not paid rent for past 6 months despite of phone calls reminder and official letter sent to him. In his flat renter is staying pls suggest appropriate action?
Sorry maintenance not rent
Answer by V.VISWANATHAN
File recovery case against the member under section 101 and also make the occupant as a party to it
**************************************************************************************************
QW/VV/027/03.08.2015
Sir, as you already answered that form 7 has got importance before 14.2.13.
1. So if any member who is fills n submit form 7 for associate membership will not be considered????.
If yes then can that member attend committee meetings/sgm/agm and present his or her views apart frm having voting rights.
2. Based on its validity, Its ok if form 7 is duly filled and submit it to the society with 3 chairperson signature or it needs to be submitted any where else and by whomever( society or the member).
This grp is extremely helpful for all of us to clear our doubts . Thank you for question and answer session by all.
Answer by V.VISWANATHAN
If you find this group useful inform maximum people and we would more such groups for their benefit.
To my knowledge I have written substantial matter about associate member. Please read further . Now associate member purely by form 7 not possible. If name is there in agreement then associate member can attend meetings and hold post. I have **************************************************************************************************
QW/VV/028/03.08.2015
Can we cancel the membership of members who are not paying their maintenance from last 3 to 4 years and can from now onwards society send them bill of non member
Answer by V.VISWANATHAN
Cancellation of membership means expulsion of member. It is governed by section 35 of the act . A society can only propose to remove the member. The actual expulsion has to be done only by registrar through proper procedure. Persistent defaulters qualify for expulsion. *************************************************************************************************
QW/VV/029/03.08.2015
Can we add property Tax on maintenance bill and pay from the society account on belhalf of members.
Answer by V.VISWANATHAN
That's very much possible. Infact that is how most of the societies function in Mumbai. The only risk is since you are committed in writing to VVCMC to pay collectively then you have to contribute to those members also who don't pay their maintenance regularly . That would add further burden on those who are paying regularly
**************************************************************************************************
QW/VV/030/03.08.2015
Every society is the non profit organization. We only charge what we are payable and the only society is benefited when it is sold and we received as Transfer premium.
Can we invest any amount other than F.D
Answer by V.VISWANATHAN
As rightly mentioned by you society is a NGO and therefore profit making is not their motive . Investments to be done by the society are restricted and properly regulated as per section 70 of the act
**************************************************************************************************
QW/VV/031/05.08.2015
Flat is in name of my wife can I attend AGM
Answer by V.VISWANATHAN
If you are an assoBbciate member by paying Rs.100/- and form no 7/10A prior to 14.2.13 and the elections are not due as yet then you can. Else no.
**************************************************************************************************
QW/VV/032/05.08.2015
As per the new bye- law of the CHS, can the original member make any one as an associate member,who can attend meetings and vote in his absence. What are the restrictions/formalities for making a relative an associate member?
Answer by V.VISWANATHAN
Now if the name of the associate member is not in the agreement then not possible. Else no restriction.
**************************************************************************************************
QW/VV/033/05.08.2015
There is the common garden between 4 different society. Can we make the car parking in the garden.
Answer by V.VISWANATHAN
**************************************************************************************************
QW/VV/034/05.08.2015
Pls advise me if govt employees can take responsibilty of chairman secretary or treasurer.
If yes then are they reqd to take any necesaary approvals from their government dept????
Answer by V.VISWANATHAN
To my knowledge you have to inform your employer (if a govt servant ) if you hold any place of profit. Society is a honorary job and therefore may not require permission . However it is advisable to have a declaration done to the employer. **************************************************************************************************
QW/VV/035/05.08.2015
Is that any rule for small (soc .)20/22 flat member that " you have to make fix deposits of Repair fund ?" OR "Sinking fund?"
Answer by V.VISWANATHAN
Nothing like that. All societies irrespective of the strength of the members have to charge sinking and repair fund on area basis. **************************************************************************************************
QW/VV/036/05.08.2015
Sir, I would like to know as to what documents are required to complete the chain of agreement if the flat is being transferred to the new member via 100%nomination from the late member (mother) to her son.
pls reply as this issue is been pending for a long time.
Answer by V.VISWANATHAN
Chain of agreements are not required but the procedure for transmission without nomination needs to be followed. Like I .Bond paper notice etc. **************************************************************************************************
QW/VV/037/05.08.2015
Can agm decide penalty for members not attending the agms of the society ( can society levy fine).since the agms are held only once in a year,and resolutions are adapted, is it not necessary?
Answer by V.VISWANATHAN
Attending AGM is a right of the member but not duty . I have answered this question earlier too with riders. **************************************************************************************************
QW/VV/038/05.08.2015.
Is TDS applicable on interest acrude from FD made in co-operative & PSU banks.
Answer by V.VISWANATHAN
TDS was always applicable for PSU banks , for coop banks it is applicable from 1.6.15. Coop credit societies are exempted
**************************************************************************************************
QW/VV/039/06.08.2015
Can Society refuse water connection to shopkeepers having flats in the building? Pls reply
Answer by V.VISWANATHAN
In case if the builder had not provided water connection line then the general body can decide about the same. However if the water connection was already there in the shops then it's a must to give. Frankly I would advise that if it is required for the shipowners for business purposes one should give it
**************************************************************************************************
QW/VV/040/06.08.2015
I Steel confused We are Charging repair fund on area basis to each member but that " Repair fund" OR " Sinking fund " is to be deposits in form of F/D' s only.??
Answer by V.VISWANATHAN
Fund collections has to be done on area basis and the deposit with the bank would be fixed deposits only. No other way
**************************************************************************************************
QW/VV/041/06.08.2015
Pls advise if there is any restriction on renewal of rent agreement of any tenant. For ex if they can renew for consecutive 2 or 3 yrs or there is no limitation for renewal of rent agreement.
Answer by V.VISWANATHAN
As far as renewal is concerned there is no restriction . You can renew it unlimited
**************************************************************************************************
QW/VV/042/06.08.2015
Sir please guide is what all documents / forms are required for admission of new member via flat resale.
Answer by V.VISWANATHAN
1. Registered agreement
2. Full payment receipt of completion of transaction between purchaser and seller
3. Possession letter
4. Form 4 on Rs.100/- stamp paper
5. 20(1)
6. 20(2)
7. Transfer form 21
8. Application for membership
9. Form 23.
10. Share certificate original for transfer
11. Nomination form 14 in triplicate advisable not compulsory
12. Transfer fees 500/- entrance fees 100/-
13. Transfer premium
**************************************************************************************************
QW/VV/043/06.08.2015
Can u please elaborate your rider,it is not quite clear about a member not attending the agms.?
Original question was can penalty be charged for non attendance of AGM
Answer by V.VISWANATHAN
There is a government notification which states that if
1. A person does not attend AGM regularly
2. And persistently and continuously complaints about certain decisions which taken in the AGM then penalty of Rs 100/- can be levied subject to approval of general body
**************************************************************************************************
QW/VV/044/06.08.2015
If in residental flat ,if the owner gives his flat for office use like consultant, Advocate ,on rental basis.Can its permissible to do in the residental area.
Answer by V.VISWANATHAN
Supreme Court judgment stays that if a consultant uses his flat partly for residence and office then it's allowed. However many have twisted the judgment to benefit themselves and state that consultancy is fully allowed. Actually that's incorrect . Technically a residential flat cannot be fully utilised for commercial including consultancy . However practically that should be allowed
**************************************************************************************************
QW/VV/045/06.08.2015
What are the parameter to make some one as nominal member of the society
CA of our society point out in its report to make Airtel as nominal member . The installed antenna and paying to the society.
Answer by V.VISWANATHAN
Nominal member is a person who pays 100/- entrance fees with the consent of the original member. He is the one does not have any right over any of the property in the society however uses one or more units in the society or uses society premises. Normally the licencee can be advised to take nominal membership. Also in this case the mobile tower company can be made a nominal member. This is better for the company to communicate to society for certain services that it may need like terrace keys to open and repair the tower. It's also better for society as the nominal member is better regulated.
**************************************************************************************************
QW/VV/046/12.08.2015
G.M. Have got to know that housing societies have to re register themselves @ Pune registration office and have to upload all their details on the site.Is this true ?
Answer by V.VISWANATHAN
After the amendment to MCS act it is compulsory now. You may visit our website for more details. Www.vasaihousingfederation.com
**************************************************************************************************
QW/VV/047/12.08.2015
Hello sir if any flat owner give power of attorney to his relatives and he is no more, then can society will give noc for that (poa) person to saleing flat?
Answer by V.VISWANATHAN
The moment the person who gives POA expires the POA ceases to exists . In short the power also dies with the person so giving it.
**************************************************************************************************
QW/VV/048/12.08.2015
Societies makes various payments like security charges, repair charges etc. If payment exceeds Rs. 2 lacs in a year then whether Tax (TDS) is to be deducted & pay it to Govt. ?
Answer by V.Viswanathan
As per section 194C of the income tax act any single payment if it exceeds 30000/- and if aggregate to a person exceeds 75000/- the TDS is required to be deducted . If the receiver is individual then 1% if company then2%
**************************************************************************************************
QW/VV/049/12.08.2015
Sir, member has changed his name using affidavit, which he has submitted to the society so that maintenance bill and receipt should come on his new name. The society has changed his NAME in society maintenance bill also. Can n should society also provide him noc for name change in property tax bill also. Member has asked NOC from society for name CHANGE in property tax bill.
Answer by V.Viswanathan
Legally without payment of stamp duty and registration of documents the society cannot transfer any shares. Nor can it give NOC. I suggest to give show cause notice to that member , take general body resolution and remove his name from membership stating it was error which is rectified now
**************************************************************************************************
QW/VV/050/12.08.2015
As our society is newly formed so we need information .
It is possible to get a format for
1. noc to be given to the members by the society regarding name change in A) MSEDCL. B) VVCMC for property tax, C) a letter given by the society to a new member after taking possession of the flat( RESALE CASE.) And from where
Answer by V.Viswanathan
Email to us if you are a member with your membership number on vasaihousingfederation.com and we will provide the same.,
**************************************************************************************************
QW/VV/051/12.08.2015
Sir our society member is 60 flate owner and 30 shopkeeper so can u inform us in committee how many member s required
Answer by V.Viswanathan
For details please Refer to bye law no.114 of new model bye law. There is a slab . It's on our website to
**************************************************************************************************
QW/VV/052/12.08.2015
sir,pet charges are allowed or not ? if not, can we take cleaning charges from member.
Answer by V.Viswanathan
Nothing in the bye laws on this subject and therefore the general body can decide over the same
**************************************************************************************************
QW/VV/053/12.08.2015
Dear Mr. Viswanathan, very good morning to u and all the members.
On what basis sinking fund is calculated, is it on area wise or on development cost on individual flat? And what is the percentage?
Answer by V.Viswanathan
Sinking fund is charged on area basis @0.25% p.a of the cost of construction of the flat or shop. Refer to bye law no. 13.
**************************************************************************************************
QW/VV/054/12.08.2015
Q. Do the society can elect a member in committee since she/ he is the 2nd partner mention in registration & he can vote for committee election?
Answer by. V.Viswanathan
All the election has to be done as per election rules dtd 11.9.14 see our website. Even if it's one committee member too. If a person name is second then he too can come in the committee if the first member relinquish his / her right in favor of second
**************************************************************************************************
QW/VV/055/16.08.2015
Does the stilt parking which the flat owner paid for at d time of purchase from the builder, fall into the "society common area ?"
Answer BY V.Viswanathan
As you are aware that common areas like garden, terrace, corridors , stilt parking common parking cannot be sold it belongs to society once formed.
This answer should be read in isolation in case it relates to parking . As the same is a very vast and debate able topic
**************************************************************************************************
QW/VV/056/16.08.2015
Sir please reply my one question is that our entire managing committee resigned without producing accounts in the agm and secretary put resignation on notice board where as agm has elected all of them and is the way of resignation and what legal action can be taken await your reply ex secretary of star classic Co op hsg Vasai west
Answer By V.Viswanathan
Pasting resignation on notice board is not correct. All committee members hold a responsible post and can't vacant place without their resignation being accepted. Actions can be taken for non conduct AGM u/s 75(5) and penal provisions can also follow. Should take immediate steps to conduct elections as per new rules
**************************************************************************************************
QW/VV/057/16.08.2015
If a committee member cease to be a member due to sale of flat do we have to take fresh election as per prevailing procedure or can be elected at the EGM /AGM
Answer By V.Viswanathan
Any appointment of committee should be done by the new election rules including for a single committee member also. Through the state cooperative election authority (SCEA) only
**************************************************************************************************
QW/VV/058/16.08.2015
I m john dsouza secretary of Anand Sarovar Society. We wanted to appoint a CA for our society can u suggest some name n no.
Answer By V.Viswanathan
The list of auditors are available on our website and with federation office . Visit www.vasaihousingfederation.com
**************************************************************************************************
QW/VV/059/16.08.2015
Dear sir. My query is. If a member asks for a copy of all the managing commitee minutes as well as the minutes of the AGM and EGM for last 4 years, should we give the copies. If not then what should be our reply to that member.
Answer By V.Viswanathan
Minutes of the meeting of the society has to be maintained by the society perpetually without any time limit and getting such copies is a members right. You have to give the same to member after collecting requisite fees as per bye laws
**************************************************************************************************
QW/VV/060/16.08.2015
I am lakshman from Rajesh Park CHS, Ambadi Road, Vasai West.
Can the managing committee members of a religious trust registered under charity commissioner induct additional committee members by co-opting them in a resolution passed in the managing committee meeting subsequently held after the AGM? Pl clarify. Lakshman
Answer By V.Viswanathan
I understand your question is related to maharashtra public trust act and not MCS act. It is possible if the charter documents (trust deed) allows it. If not then you have to amend the deed first and then it's possible
**************************************************************************************************
QW/VV/061/16.08.2015
What is process if shop owner wants to set up wine shop...pls suggest.
Answer By V.Viswanathan
Firstly the matter should be placed before the general body and if it's passed then the permission may be given subject to the shop owner gets all the relevant permissions from various authorities like local body , excise dept and others
**************************************************************************************************
QW/VV/062/16.08.2015
In open gallery bldg can we take corner place in our carpet area. We need suggetion
Answer By V.Viswanathan
Sorry but question not clear to me.
I understand corner place means you are referring to the place in the gallery only . If it's sold by the builder to the owner then yes should be included. If you are referring to covering it then not allowed
**************************************************************************************************
QW/VV/063/19.08.2015
Who is d authorise person to sign on share certificate ?
Answer by V.Viswanathan
As per the face of the share certificate as prescribed in form 1 the share certificate has to be signed by chairman secretary and one committee member. However the managing committee can decide to authorize any other committee member to sign too
**************************************************************************************************
QW/VV/064/19.08.2015
Is it legal to make a structure on the Terrace for roofing ...
Answer by V.Viswanathan
Any construction be it temporary or permanent to be done has to take place only after permission of the planning authority for vasai taluka being Vvcmc . The society has to apply for permission pay necessary development charges as per DCR ( development control rules ) only then construct . However practically no one does it and all societies have done so without any permission
**************************************************************************************************
QW/VV/065/19.08.2015
Sir need ur guidance...
Which documents a society should have/take from builder (health check of society) to avoid any legal problems in future like for.. Conveyance, redevelopment etc...
Prof. Anand, secretary Rushabh Tower
Answer by V.Viswanathan
I have long list of documents which cannot be sent here. Please message your email id I shall arrange to send it and also post it on our website
**************************************************************************************************
QW/VV/066/19.08.2015
Hello need a suggestion, a member in our society without permission of society lend his house on rent, and apart from this his house being on ground floor, he intends to give it on rent for commercial basis ,what action can be taken ?
Answer by V.Viswanathan
Minimum 8 days prior to giving the flat on rent the Memebr has to Intimate society. Permission as such not required. Also flat cannot be given on commercial. Approach municipality for change of use. And police station if given on rent without intimation and also collector of stamps if no stamp duty is paid and registered
**************************************************************************************************
QW/VV/067/19.08.2015
Sir, we have a stilt parking which is full. The society intends to allot the common area to the members who do not have stilt parking at some premium one time charge so that the space is reserved for that particular member. Is this legal ?
Answer by V.Viswanathan
As per the new bye laws the parking policies has to be decided by the general body only . So you can do it. However care has to be taken that those members should not misunderstand to be owners of such parking place
**************************************************************************************************
QW/VV/068/19.08.2015
Dear sir there is one question i am treasurer of d l shelter chs ltd there is one problem in our society commitee member is kept one german sheferd dog for his safety and when that dog make huge noise day and night all members are doing complaint against this we have file police complaint also but they says its society issue we can not intefear please suggest if there is any provision to control this type of issues ??
Answer by V.Viswanathan
Pets in a house is regulatedl by the policies so maintained by the municipal authority . Ideally you should approach Vvcmc for the same and also represent your case to the managing committee who in turn has to take appropriate action against the erring member
**************************************************************************************************
QW/VV/069/19.08.2015
Auditor can do audit of any society for maximum 3 years in a row. Whether this rule is applicable for all the societies irrespective of No. of members of that society OR it is applicable only to those societies having more than 100 members ?
Answer by V.Viswanatan
The auditor has to be changed after the third means from the fourth year you have to appoint a new auditor. It's applicable to all types of society irrespective of the size of the members
**************************************************************************************************
QW/VV/070/19.08.2015
One of our members of MC has sold flat. Can we select/elect another? Pls. Guide us sir.
Answer By V.Viswanathan
Once the flat is sold the managing committee ceases to be sold. Even if one society has to appoint one committee member also the new election rules dated 11.9.14 has to be strictly followed. Means informing the registrar thru SCEA who will depute person to conduct the election for one single seat
**************************************************************************************************
QW/VV/071/20.08.2015
If RTI as well as an appeal is not responded at all by the authority what will be next course of action in such a situation?
Application/appeal.
Answer by V.Viswanathan
Then you have to go for second appeal before the state commission
**************************************************************************************************
QW/VV/072/20.08.2015
Plz.suggest Wht is procedure to adopt new bye laws.
Answer by V.Viswanathan
1. Pass general body resolution adopting the new bye laws
2. Two new bye laws
3. Copy of old bye laws
4. Copy of notice agenda and minutes of the general body meeting wherein the bye laws has been adopted
5. Online registration must
6. Filling up forms ( available of our website )
7. Affix 50/- court fee stamp on that form
8. Submit to deputy registrar
**************************************************************************************************
QW/VV/073/20.08.2015
Do we have to do fire audit of the society premises in compliance with the state fire policy every year???. Pls advice.
Pls also advice to whom we have to approach for fire audit as per state fire policy
Answer by V.Viswanathan
Fire audit is Perse not compulsory under the MCS act or the bye laws . It's required under the development control rules (DCR) of the planning authority generally being the municipal authority and therefore approach them.
**************************************************************************************************
QW/VV/074/26.08.2015
we are planning for AGM next month.We completed 3years as office bearers. So this year there is any compulsion to take Election ? We check with our society members where anyone interested for become Chairman,Secretary or treasurer. But no one interested. So in such case whether we need to ask to Election officer to conduct Election.
Answer by V.Viswanathan
Elections are to be held once in 5 years and not 3 years . New election rules dated 11.9.14 should be followed . In case no one files the nomination whenever the election is due then the Registar may decide to de register the society
**************************************************************************************************
QW/VV/075/26.08.2015
Question from secretary, Indraprasth tower , sector 9, vasant nagari.
we are paying Rs.30000 pm to the security agency. According to them service tax is applicable from July 15 @ Rs.14% is as to be paid by the society.
Question - is service tax applicable to the co- op society ?
if applicable what is the percentage ?
Answer by V.Viswanathan
Service tax is applicable to society only if the monthly maintenance of each member crosses 5000/- incidentally to my knowledge there is a judgment which states that this also is incorrect. Since you are paying the question of service tax arises under the reverse charge mechanism (RCM) which is not applicable to society
**************************************************************************************************
QW/VV/076/26.08.2015
Sir what is the yearly Subscription Fee amount of the said Magazine ? Can one individual also ask for it ?
Answer by V.Viswanathan
Individual can also subscribe for monthly magazine at a nominal charges of rs 200/- including postage. You can download the form from website or contact the federation office
**************************************************************************************************
QW/VV/077/26.08.2015
We want call to registrar for committee election. Please tell us what is the procedure n what they will charge.
Is it necessary to inform registrar for election of any housing co - op society to form the managing committee of C H S ?
Answer by V.Viswanathan
Election in housing society has to be conducted once in 5 years. As per the election rules dated 11.9.14 the housing societies are classified as type C if more than 200 members and type D if equal or less than 200 members. Six months prior to the due date of election The society has to fill up form E-2/E-3 form and submit to registrar after online registration of society once that is done the registrar shall depute election officer and conduct regular election with ballot boxes and nominations etc in case of type C society. For type D society all the procedure is same only thing the election officer shall conduct by raise of hand in general body.
The procedure remains the same even if one committee member has to be appointed due to resignation or death of a Comm member.
The election officer charges are available on the website of federation
**************************************************************************************************
QW/VV/078/26.08.2015
Hello sir wanted to know if there is any leakage in the dry balcony it is the owners responsibility to repair it or societies
Answer by V.Viswanathan
Technically the dry balcony is society's premises which the builder sells and the purchasers buys. The moment you ask society to repair that means you agree that the society is owner and vice versa. If you ask me. Since you have bought it and society cannot access that place from outside the member should repair it
**************************************************************************************************
QW/VV/079/26.08.2015
Can socity call for AGM without Agenda, within 7 days notice on notice board?
Answer by V.Viswanathan
No meeting can happen without agenda. Secondly 14 clear days notice is must for AGM
**************************************************************************************************
QW/VV/080/27.08.2015
Sir, Is registration mandatory for Leave License agreement for shops or flats ? Some people are avoiding registration or making notary to save fee.
Answer by V.Viswanathan
You have answered your question your self. Payment of stamp duty and registration is compulsory.
**************************************************************************************************
QW/VV/080/27.08.2015
Sir one of the member has asked following way back... plz we r waiting for this....
Hi Vishwanathan...
One query...
What if members do not come forward for being part of managing committee and often General body have to request for someone to come forward.
In such a case no elections are held and voluntary participants are selected as managing committee members. In such a case how to follow election rules?
Also member sometime decide to quit as office bearers or managing committee members before the term of 5 years completed and new members needs to be selected(not elected) in place of outgoing member.
Answer by V.Viswanathan
Post the amendment to MCS act 2013 even for a single committee member election has to be done through the registrar only. No other alternative .
**************************************************************************************************
QW/VV/081/27.08.2015
How to follow election rules as sometimes members are reluctant to cater to society as it is being thankless jobs and so much legality to follow making members to be afraid of inviting unwanted liabilities...
Answer by V.Viswanathan
Yes it's a thankless job. However please take it as a extended family. If a father says I have to work and feed my wife and children and it's a thankless job then he has to either leave his family or do something untowards. Similarly if no one comes forward for committee membership then the registrar will de register the society and you will again at the mercy of builder and no one to handle your maintenance , leakage problem sweeper etc. in short you will be like a orphan. So one has to decide become a head of a family or an orphan. Sorry for the dramatic answer. Hope the message is clear that someone has to take the lead .
**************************************************************************************************
QW/VV/082/27.08.2015
Sir ... need help.... whose name should be there on the share certificate in case the agreement has two names as... owner and co-owner. ?
Answer by V.Viswanathan
First owner as first member and second owner as an associate member
**************************************************************************************************
QW/VV/082/27.08.2015
where printed Marathi Byelaws are available for sale or is it available on website.
Answer by V.Viswanathan
model bye-laws released on 30th Aug 2015 on the occasion of opening of 5th branch at Pune.
Marathi bye laws are available at abranch of VTHF at the price of Rs.70/-per copy.
Order for marathi or English model bye-laws of society. It also will be send on making phone calls at home delivery by charging additional home delivery charges of Rs.200/- in addition to cost of bye-laws Thane district
**************************************************************************************************
QW/VV/086/29.08.15
What is procedure for approval of accounts, whether auditor will give draft report, then committee will approve and office bearers sign and then send to auditor for his sign? Or office bearers will sign first then place in committee for approval?
Answer by Viswanathan
Once the draft financial statements are ready the managing committee has to call for meeting in that approve the financials and draft audit report and then sign and give it to auditor for his signature
**************************************************************************************************
QW/VV/087/01.09.2015
Flat owner had not paid maintenance past 9 months. We had done phone call still not paid. Send reminders letter to address shares by him but letter are returning back. Currently flat renter is staying. Pls suggest action
Answer By V.Viswanathan
The notice for recovery should be sent to member not only at the society address but better to the place wherever he stays in case you have it or know it. Also send notice to the occupant for using services. Later file a recovery case u/s 101 of the MCS act before the deputy registrar
**************************************************************************************************
QW/VV/088/01.09.2015
9809662512
Can we co-opt one or two committee member as there is 2 vacancies in the committee, our society have 71 members society?
Answer By V.Viswanathan%3
**************************************************************************************************
QW/VV/089/03.09.2015
Sir, in our society one of the member is running a nursery school. He is also a wilful Defaulter. Outstanding balance of Rs 85000/- hold flat jointly with wife's name. Now wife has filed a suit in court for Divorce. She also insist that society must take Legal action against school. Now as a Secretary what action we should take. What is the provisions in by laws. Pls guide. Thnx n Rgds
Answer By V.Viswanathan
For dues you can file and recovery case u/s 101 and for using the the flat for nursery in flat then it's illegal then complaint to VVCMC . If in shop then it's allowed
**************************************************************************************************
QW/VV/090/03.09.2015
Our society committee members hav constructed new stairs removing old one with major part demolished frm ground floor to 1st floor. Members are not happy no permission frm authority. What is process to book them
Answer By V.Viswanathan
Express your discontent to the committee and also requisition a special general body meeting and try to rectify the same . If not need to approach cooperative court
**************************************************************************************************
QW/VV/091/04.09.2015
Am the Committee Member of Vishruti CHS. Vishruti having Bore Well Water Connection as well as Municipal Connection Storing the water in One Tank. Adjacent another society called Hill View CHS. Builder has given inter connection water facility from Vishruti tank. Now the problem is from the last six months Electricity charges had tremendously gone up. Vushruti requested Hill View Committee Members to come forward and resolve the issues. They refused to have a meeting in this regard, intact they asked yes to write a letter. Almost three letters exchanged and asked them to bear 50% electricity bill which they refused. Now July month bill again be generated @ Rs 10k. How thus problems can be resolved In case we dis connect the inter connecting tank valve and asked them to make a provision of Bore Well As well as Municipality connection will it be surface or they sue Vishruti. Please advise
And also ask them to make provision of electricity meter Please advise.
Answer By V.Viswanathan
A very peculiar case . Ideally societies should have independent water and electricity connection. It shows that at the time of formation of society due care was not taken. You should initiate legal action against the other society if don't listen. I also volunteer to mediate and help to resolve it. Do see me. Viswanathan
**************************************************************************************************
QW/VV/092/04.09.2015
IF MEMBER LOST HIS ORIGINAL REGISTERED SALE AGREEMENT. WHAT IS THE PROCEDURE FOR SALE THE FLAT. PLEASE DESCRIBED THE SOCIETY ROLE / STAND ON THE SAME.
Answer By V.Viswanathan
Society has no role in it. The member has to file a complaint about loss to police station, get certified true copy of registered agreement pay stamp duty again on copy, get title clreance certificate and also register a declaration with sub registrar
**************************************************************************************************
QW/VV/093/04.09.2015
IF MEMBER LOST HIS ORIGINAL REGISTERED SALE AGREEMENT.
WHAT IS THE PROCEDURE FOR SALE THE FLAT.
PLEASE DESCRIBED THE SOCIETY ROLE / STAND ON THE SAME.
Answer By V.Viswanathan
Society has no role in it. The member has to file a complaint about loss to police station, get certified true copy of registered agreement pay stamp duty again on copy, get title clreance certificate and also register a declaration with sub registrar
**************************************************************************************************
QW/VV/094/04.09.2015
If the owner of flat dies though he has his family but nomination not given by the owner
to the society .what is the procedure requires for the society ?
Answer By V.Viswanathan
Ind. bond should be given by claimant, affidavit by other legal heir, paper notice , certain more forms like form 4, 19. Get succession certificate from court or letter of heirship from magistrate and additional (even though not compulsory ) registration of release deed among the legal heir
**************************************************************************************************
QW/VV/095/04.09.2015
Sir, hsty. Secretary resigned, and his colleagues are not functioning up to the mark, is it need to have fresh election?
Answer By V.Viswanathan
**************************************************************************************************
QW/VV/096/09.09.2015
Sir can society charge fine frm members those who put shoe rack flower pots etc in society common area?
Answer By V.Viswanathan
Any occupation of common areas of the society like the corridors, compound , terrace the society can charge penalty equal to 5 times of the maintenance after passing a resolution in the general body
**************************************************************************************************
QW/VV/097/10.09.2015
Dear sir our society is residential society. But one of our member has flat on name of his companies name.in all agreement his company name mentioned. Now he asking us to give the share certificate on his name. So can u pl help how can we go ahead.
Answer By V.Viswanathan
The share certificate should be given In the name as exactly mentioned in the duly stamp duty paid and registered agreement . No deviation should be done
**************************************************************************************************
QW/VV/098/10.09.2015
Sir, in our society one of the member is running a nursery school. He is also a wilful Defaulter. Outstanding balance of Rs 85000/- hold flat jointly with wife's name. Now wife has filed a suit in court for Divorce. She also insist that society must take Legal action against school. Now as a Secretary what action we should take. What is the provisions in by laws. Pls guide. Thnx n Rgds
Answer By V.Viswanathan
For dues you can file and recovery case u/s 101 and for using the the flat for nursery in flat then it's illegal then complaint to VVCMC . If in shop then it's allowed
**************************************************************************************************
QW/VV/099/10.09.2015
Sir one of flat owner made gift deed the flat to his wife and after after their family relationships spoiled and both separated and she want the share certificate to be transferred to her name but the guy who gave the gift deed denied to give the flat to her name in written complaints though reg post sir please advise how to handle it.
Answer By V.Viswanathan
There two issues in this 1) ownership of flat 2) membership of society
For 1. If the gift deed is stamped and registered then ownership is transferred . Society has nothing to do with this. For 2. Transfer of membership transfer forms, registered deed, possession letter , transfer fees entrance fees should be paid if not done don't transfer
**************************************************************************************************
QW/VV/100/10.09.2015
when a building is redeveloped, and a member aquires additional floor space, is there requirement to pay stamp duty/any other charges on the additional area ? Who is liable for such payment ?
Answer By V.Viswanathan
When a new flat is given with additional area or the same area in the new building, a permanent alternative accommodation agreement between the society, develop as confirming party and the member need to be executed and registered by paying applicable stamp duty. Normally the stamp duty at 5% on the cost of construction of the entire new flat including the additional area shall be calculated and need to be paid. The cosy of construction as per latest ready reckoner is Rs.25000 per Sq.meters and registration fees of 1% or Rs.30000 whichever is less. Normally this cost of stamp duty and registration has to be paid by the developer. The same should be part of terms and conditions of redevelopment agreement.
**************************************************************************************************
QW/VV/101/11.09.2015
What remedy is available if any person collects share money or any other sum by misrepresentation to the propsective membersin the name of the consumer society to be registered?
Answer By V.Viswanathan
No one is authorised to collect any share money or entrance fees to form any type of society unless and until, the registrar grants the name reservation letter and the promoters pass a resolution to authorise the chief promoter to collect such funds. As you say, if any one collects such amount by misrepresentation, it amounts to fraud and cheating, you have to file an FIR at the relevant police station under section 420 of Indian penal code,1860 or complaint to economic offense wing at the police commissioner office with a copy to registrar.
**************************************************************************************************
QW/VV/102/11.09.2015
Will there be increase in property tax if the Car Parking area is permanently covered with plastic/ galvanized sheets.Does it need in permission from Muncipalty?
Answer By V.Viswanathan
Any construction temporary or permanent like plastic or galvanised in municipal area even within the compound of the society requires MCGM permission legally. If some society allows the member to construct and no member of the society complaints to MVGM, action for demolition may not be initiated but legally permission from MVGM is a must. For covered area and open car parking property taxes at different rates are charged. In other words covered car parking certainly will be charged more than the open car parking.
**************************************************************************************************
QW/VV/103/11.09.2015
Sir. In our society, there are quite a few members who have sublet their flats without submitting any docs viz agreement, police clearance, NOC payment etc to the society. What action as per the bylaws, can the society take on such members.
Answer By V.Viswanathan
For any breach of bye-laws, the managing committee need to issue showcase notice for levy of penalty including legal proceedings to expell from the society on persistent default. The explanation and compliance in writing can be taken or call in SGM and after hearing levy the penalty and if required to file a case on cooperative court to evict the tenant etc can be done. Any legal actions depend on the response given by the members. Even, the society can pass a resolution unless and until proper identity of the tenant is not submitted, the tenant may be retrained to enter the society compound.
**************************************************************************************************
QW/VV/104/11.09.2015
Is education fund payable for 14-15 by society?
Answer By V.Viswanathan
As per new section 24A effective from 14.2.2013, societies need to collect education fund as per bye-laws. As per bye-laws of CHS, Rs.10 per member per month need to be collected and separate fund need to be maintained. The society from this fund require to do the training and education of committee members, staff and members from the notified institutions;federations which has been done.Section 24A also provides, education fund at the rate notified, need to be paid annually to the notified institutions and Federations but presently as per my knowledge no such notification to pay education fund is published. So effective from 2013-14 onwards till proper notification is issued, you need not pay any education fund to any one but need to do the training and education at the society through notified bodies which has been done by paying training fees
**************************************************************************************************
QW/VV/105/11.09.2015
Could you explain how to start a federation of CHS. There are multiple society's Total 15 buildings with over 1000 apartments. The election process Managing Committee etc.
Answer By V.Viswanathan
Since the amendment done to Maharashtra cooperative societies Act, 1960, elective from 14.2.2013, election to all types of societies including housing society has to be conducted by the Election officer appointed by the State cooperative election authority (SCEA).

Following elections are to be done by the election officer as per Mah cooperative societies (election to committee ) Rules,2014 and the notification issued by SCEA from time to time

(1) Before the expiry of the term of the committee by conducting election in Special General body meeting (SGM) on the basis of voters list given by the committee(firm E-3) and report regarding the expiry of term as per form E-2 given to the registrar. If the number of members in cooperative hsg society is less than 200 elections are done in SGM by giving 15 days notice unless the society demands election program of 35 days by passing a resolution in such SGM called to hold election immediately.

Where there are more than 200 members, elections are done by following 35 days election program.

Depending on number of members committtee members are elected. 5 seats are reserved for all CHS like two for women, 1 for SC/ST, 1 for Numadic Tribe/ other backward and 1 for Special backward class.

The reserved seats can be filled by only those class of members otherwise need to be kept vacant.

(2) Election of office bearers   on getting new committee elected or on the resignation of any office bearers or inter change of office bearers need to be done in the committee meeting in which election officer appointed by SCEA need to be present.

(3) Any casual vacancies arise in the committee due to death, resignation or disqualification or removal of the committee members, the election in the form of by-poll need to be done by getting the appointment of election officer by the SCEA.

Regarding the formation of Federation, any five societies in your layout pass a resolution to form the federation, elect the chief promoter and submit the proposal of registration of federation to the Deputy registrar of your ward.
**************************************************************************************************
QW/VV/106/13.09.2015
Gm sir..Kindly advise is it possible to get Deemed conveyance of leasehold property.society is paying lease rentals to the developer and has passed a resolution saying conveyance to be obtained on onwership basis..but the land is leasehold land.what happens after the expiry of the lease?? Flat gets automatically transferred to the flat owners or flat owners will have to vacate the premises..
Kindly advise
Answer By V.Viswanathan
Under Transfer of property Act,1882, a right, title and interest in the immovable property can b transferred by two ways:
(1) Freehold basis which means, the buyer get all the rights, title and interest in the property without any restrictions by executing sale or conveyance dees in favour of buyer by the seller. The seller or their legal heirs will have no control thereafter in the property.
(2) Leasehold basis which means the use and occupancy of the immovable property is given by the owner to leasee by executing a lease deed for a certain period to use and occupy on certain terms and conditions including the manner of use of such property and on payment of certain lease rent. So in order to answer your queries, we need to go through the lease rent executed between the owner and builder. In your case between the developer and society. Any lease rights by paying proper compensation to the owner/lessor, one can get freehold rights.
In fact, in your case, I can make out that builder/developer has executed the lease deed in favour of the society and you are paying lease rent. Now society must be negotiating with the developer to give freehold rights which is possible.
In case, you are not able to do anything, in such case, the ownership of building will remain with you and land rights will remain with lessor. Till the building becomes completely dilapidated, irrespective of the clauses in the lease deed, owner cannot ask you to vacate the building
If he has to do so, he has to pay the compensation to you and the matter may go to court of law. Once the building due to dilapidated condition local authorities evict and demolish the building and mean time lease period has expired and is not lease period is not renewed, you will not be able to reconstruct the building.
**************************************************************************************************
QW/VV/107/13.09.2015
there is slum named"Dnyaneshwar Nagar"structure owenerMr.Patil as per record &upstair first floor some Mr pawar illegally occupied .my question is that "as per SRA scheme is Mr Pawar become leagally occupier /owener or any how? pl guide   me Thanks.
has to be done through and in the presence of election officer appointed by the State cooperative election Authority. In other words, in your case changes within the committee members about their designation amounts to election of office bearers. So legally you are required to approach the registrar to depute election officer to elect the new office bearers due to resignation of the Secretary.
Answer By V.Viswanathan
As per the latest changes done in the SRA provisions about the eligibility to get a free house to the upper floor occupier is also will be considered. The upper floor resident should be different family, has separate electric bills, names of such persons should be entered into election rules prior to 1.1.2000.So you are advised to check about the above conditions and if pawar fullfills all of them, in such cases he will be entitled to get new house under new SRA guidelines.has to be done through and in the presence of election officer appointed by the State cooperative election Authority. In other words, in your case changes within the committee members about their designation amounts to election of office bearers. So legally you are required to approach the registrar to depute election officer to elect the new office bearers due to resignation of the Secretary.
**************************************************************************************************
QW/VV/108/13.09.2015
Sir our secretary has resigned nd elections are due in nov.15..can we depute existng treasurer as secretary and the other committee member as treasurer in his place..whether dat will amount to co option??
Answer By V.Viswanathan
Since the amendment to MCS act,1960, effective from 14.2.2013, any General elections to the entire committee memembers or election to fill the casual vacancy due to resignation/ dismissal or resignation of any committee member (earlier the same is filled by co-option now has to be done as by-poll) and election or changes in the designation of committee members /office bearers has to be done through and in the presence of election officer appointed by the State cooperative election Authority. In other words, in your case changes within the committee members about their designation amounts to election of office bearers. So legally you are required to approach the registrar to depute election officer to elect the new office bearers due to resignation of the Secretary.
**************************************************************************************************
QW/VV/109/14.09.2015
we completed its Redev on self redev basis by appointing a contractor. No OC is granted as yet. Some members have already shifted in their new homes. However, the chairman is not allowing other members to rent out their flats for want of OC. Is it fair or as per law. Phadnis.
Answer By V.Viswanathan
As per the Greater Mumbai Development Control Rules, 1991 or any applicable development control rules across India, no one is allowed to occupy the building without OC. Occupation certificate is the permission giving by the planning authorities (i.e in your case Mumbai Municipality) stating that building has been completed as per the provisions of development control Rules and is ready in all respect to occupy the building. However, for one or the other reasons, like not planting required trees, covering balcony, not installing fire safety systems, pending dues of property tax , not getting completion certificate from the architect or licensed plumber etc, the OC is not issued. Since in the redevelopment project many are paying rent and in a hurry to come back in their own flat start occupying the building without OC.
Since in the given case, the society has allowed the members to occupy the flat without OC which means the society cannot refuse to give NOC to let out the flats by members whom already allowed to take the possession of flat.
Further as per new model bye-laws: to give flat on rental basis by members NOC from society is not required but need to inform the society about flats given on rent along with copy of information of the tenant given to the police station and registered Leave and license Agreement.
So in your case, the member should take the possession of flat and then give the flat on LL basis by executing the LL registered agreement and inform the society and police about the details of tenant. In case, society objects the tenant immediately a Complaint to bodged with police and see that tenant is allowed to occupy the flat.
**************************************************************************************************
QW/VV/110/14.09.2015
Hi we want to form a Apex body for though we have larger federation with currently 9 Societies, Societies got certain specific amenities which is not a part of federation. But currently we have 4 registered Societies under Societies and one society not yet registered and under builder. Builder is not helping and we have various issues. Can any one help us to form that apex body? Answer By V.Viswanathan
To form a cooperative Housing Federation, you need to have five registered cooperative societies. In your case since presently 4 societies and you will be able to form registered federation only after registering the fifth society. Since you have a larger federation of consisting 9 Societies, in order to have another federation within the same complex, you will have to obtain NOC from Federation of 9 Societies.
You are advised to meet the Free CHS legal advisory cell of by taking a prior appointment by calling on 42551414. Once you get complete guidance from experts of understanding your specific issues you may decide to form another federation or get better legal body to handle your specific issues.
**************************************************************************************************
QW/VV/111/15.09.2015
What is the difference between attorney, barrister, lawyer, and solicitor? How about advocate, counsel, counselor, or counselor-at-law?
Answer By V.Viswanathan
Lawyer is a general term for a person who gives legal device and aid and who conducts suits in court. An attorney or, more correctly, an attorney-at-law, is a member of the legal profession who represents a client in court when pleading or defending a case. In the US, attorney applies to any lawyer. In the UK, those who practice law are divided into barristers, who represent clients in open court and may appear at the bar, and solicitors, who are permitted to conduct litigation in court but not to plead cases in open court. The barrister does not deal directly with clients but does so through a solicitor. The word attorney comes from French meaning 'one appointed or constituted' and the word's original meaning is of a person acting for another as an agent or deputy. A solicitor would be the UK equivalent of the US attorney-at-law. Counsel usually refers to a body of legal advisers but also pertains to a single legal adviser and is a synonym for advocate, barrister, counselor, and counselor-at-law. As to the abbreviation 'Esq.' for 'Esquire' used by some lawyers ... it has no precise significance in the United States except as sometimes applied to certain public officials, such as justices of the peace. For some reason, lawyers often add it to their surname in written address. However, it is a title that is specifically male with no female equivalent, so its use by lawyers should fade away.
SOURCE : http://dictionary.reference.com/help/faq/language/d11.html
**************************************************************************************************
QW/VV/112/15.09.2015
For AGM, you need valid managing committee. For Valid managing committee you need election. service charge/tax applicable on the amount collected Thanks
Answer By V.Viswanathan
Till the managing committee is not disqualified /dismissed by the Deputy registrar and appoints an authorised officer in their place, the committee is fully empowered to hold the AGM. They get all the powers of regular committee. Any action done by them under good faith and in the capacity of managing committee is valid and is binding on all.
They also can initiate necessary steps to conduct elections through the state cooperative election authority.
Any body who is not officially removed by registrar by issuing an order of dismissal such committees are valid and legal and all actions which a regular Committee does can be done by them
To conduct elections, the exiting committee need to submit a certificate in E-2 form and list of voters in E-3 form to the registrar who shall get the election officer appointed under whose supervision and guidance new Committee shall be elected
**************************************************************************************************
QW/VV/113/15.09.2015
Sir, can ad hoc committee before registration of society collect maintenance charges and give receipt for the same. If yes then is there any service charge/tax applicable on the amount collected Thanks
Answer By V.Viswanathan
Normally it is the stutory obligations and duty of builder to maintain the property till the society or any legal entity to manage the complex is registered. It is observed that in many builders neither register the society nor maintain the property and provide common services like security, water supply, common electricity, cleanliness etc. In such cases, it becomes necessary for flat owners to come together and form an Ad hoc committee to manage day to day affairs.
In such cases, you form an ad hoc committee of proposed societies by holding the meetings of flat owners, obtain signature, record the minutes in which a resolution authorising the adhoc committee to collect service/ maintenance charges at a particular amount/rate , issue bills, receipts and spend money for common services can be passed. Unless until you get Permanent Account No (PAN) you will not be able to get service tax numbers even if you are liable. Similarly, to get PAN, society need to be registered.
Thus I am of the opinion that you need not collect service taxes. However, the adhoc committrr will be able to issue bills and receipts based on resolutions passed.
**************************************************************************************************
QW/VV/113/18.09.2015
Our society was originally a 4 storied structure. Subsequently, floors 5-7 were built. Earlier residents were not desirous of availing lift facility(barring floor 4)which was then built to only service floors 5-7. Two questions about this -
1. Should the lift maintenance be a part of the society responsibility?
2. Do all residents also have to contribute towards it?
Presently only residents 4-7 are contributing & maintaining said lift.
Answer By V.Viswanathan
Since the lift was specially built for servicing the flats of 4 and above, it is proper to collect charges from 4th floor onwards only. The bye laws provides that the contribution towards maintenance of lift to be shared equally by all the flat owners of the building in which the lift is installed. In your case the additional construction has been done and lift is not stopping at 1st to 4th floor and is installed for those exclusive floors. Therefore it is proper, legal, logical and justified to collect lift maintenance only from 4th floor and above flat owners whose exclusive benefit such lift is installed. Action and Hold Position in Managing Committee if full consent given by First member
**************************************************************************************************
QW/VV/113/19.09.2015
I wanted to know whether we can hold election in the absence of election officer?
Answer By V.Viswanathan
Since amendment done to MCS Act,1960 effective from 24.2.2013, the election to each and every society has to be done by the election officer appointed by the State cooperative election Authority. Therefore, in the absence of election officer, you can not hold the election. The election in the absence of election officer has to be postponed to the date when election officer is available.
**************************************************************************************************
QW/VV/114/20.09.2015
I am expecting urgent reply from you.    One of the credit societies, Bye laws has been approved by the Dy. Registrar on 27-01-2014. As per the Bye laws a post of Secretary is not in existence. Now Secretary has called Society's AGM . Whether this AGM is vadid.As per the provisions of the Bye laws only Chairman,Vice Chairman from the Management and C.V.O/Manager posts are in existence.Who is authorized to call AGM. Board of Directors has not given specific powers to any Directors to call meeting till date.Pl guide me.
Answer By V.Viswanathan
As per bye-law there is no post of secretary but in realty the board has elected post of secretary. The board is within its power to elect any office bearers with the designation they wish to give. Since the Secretary has called the AGM, the board wants to ratify by calling board meeting they can do so or wants to postpone the meeting called by the Secretary treating it has without delegation of power, that is also possible. In case, the meeting is held and decisions are taken, I do not think such meeting can be called as illegal unless and until some member drags the society to the cooperative court and place an evidence that many persons have not received the meeting notice,agenda etc. Any action done in good faith by any office bearers will not amount to illegal activity.
**************************************************************************************************
QW/VV/115/20.09.2015
If on property card someones name comes as pattedar, can he become d landlord of d said property?
and in same property 7/12 utara shows different names as landlord do what is d current status refects of that property?

Answer By V.Viswanathan
Let us note 7/12 is the revenue record reflecting who is the owner of the property and the property card is issued in Muncipalty area where the revenue department has set up city survey offices to maintain the property records. Normally if the property card has the names of the owner, that becomes the latest entry of the Ownership evidence and is considered final as once property card enters name of the owner from the records submitted by the owner, the 7/12 extract entries are immaterial. In your case, it is entered as pattedar means tenancy rights holder
Therefore there is a separate owner whose name is in 7/12 extract. Thus, the owner need to apply to City survey dept and get his name incorporated in the property card. Pattedar is not the owner. He is only a tenant of the land I. E leasee on long lease of the land
**************************************************************************************************
QW/VV/116/20.09.2015
I am staying in CHS at 16 th rd Khar. A member staying at 3rd floor has pulled down wall in his flat as interior changes. The pillars r not touched. But exactly above that wall is our building water tank. Our secretary informed BMC about this & requested them to check the same. BMC has not taken any action. My question is What action/ Procedure our CHS should take/ follow ?? Can a member make complaint ?
Answer By V.Viswanathan

Any repairs and renovation within the flat is considered two types as per MCGM act, 1881. I. E (1) tenable repairs such as painting, changing the tiles, repairing the pipes, plastering etc which does not require permission from the local authority.
(2) Non tenable repairs such as fixing the new window, covering the balcony, removing partition wall which does not amount to structural changes but certainly needs permission of local authority
Any structural changes will not be permitted by the BMC.
In the case, referred by you, removal of wall is a non tenable repairs which needs permission from BMC. These type of repairs becomes irregular repairs which can be regularised by taking the post facto permission on the complaints made by any member or society. They may have to pay the penalty also.
Therefore, many flat owners do carry on such no tenable repairs which can be regularised on complaint received by BMC.
Now, the society or any members can complaint to BMC about carrying out such non tenable repairs. BMC shall issue show cause notice and advise them to regularise or being the same to original position.
As you said, many times BMC does not take any action. In such cases, the complaint can file an RTI demanding an action taken report and if not satisfied file an appeal under RTI.
The BMC will certainly issue show cause notice and if you regerously follow up by filling reminders an multiple RTI either the complaint will be forced to regularise by paying penalty or bring back the structure to original state or file a case by the BMC against the wrong doer in the BMC magistrate court to pay the fine for wrong doing and directing him to regularise or bring to original position
Therefore, Unless and until there is continuous follow is not done, against such illegal or irregular non tenable repairs , MCGM does not initiate any actions.
**************************************************************************************************
QW/VV/117/25.09.2015
The current bylaws is very vague about subletting of flat. Though it is mentioned that society NOC is not required however under occupation of flat it has clearly mention who has the right to occupy the flat. Can anyone through some light on this. Moreover in our society we have a process of introduction. Can we still go ahead with the same? Also can we pass specific resolution and define some process in our GB. Last GB we have already done that to avoid nuisance mostly by bachelors. We have not stopped bachelors accommodation by we have made some processes. Appreciate a revert.
Answer By V.Viswanathan
In a cooperative Housing society members and associate members are allowed to occupy the flat. However earlier to sell /transfer such occupy rights, society permission was required. Due to unethical demand and harassment made by the managing committee, since 2001 in the model bye-laws NOC which was earlier required to sell /transfer of the shares or flat was done away with.
When the registrar office started getting many conplaints against the society for not permitting letting out of flat on filmsy ground like flat cannot be given to bachelor or spinster or Non vegetarian eyc.
Therefore in the new Bye-law 2015, has included the clause thar any member who wants to give flat on leave and license basis need not obtain the NOC from the society.
In fact the member should submit the following to the society

(1) Application to the society intimating the flats given on rent or care taker books

(2) Duly stamp duty paid and registered agreements

(3) information of tenant submitted to police station.

Thereafter pay regular non occupancy charges of 10% of the service charges.
NO NOC IS REQUIRED. in case you have developed the system or guidelines to consider the LL cases and resolutions are passed, each tenant has go through that process till the same is not set aside by the court.
My advice is file to set aside any illegal resolutions by the aggrieved members before the coop court.
There is no bar in continuing your present system
**************************************************************************************************
QW/VV/118/25.09.2015
In our society we have passed resolution for rent flats as follows,
Noc to be obtained before lease agreement done.
Noc issuance fees 100 paid by cheque by the owner. Validity of noc 1 month.
One time shifting fees of Rs. 2000. Towards use of infrastructure etc. Per agreement period. To be paid by cheque by owner.
Rs.5000 zero interest refundable deposit to be taken for the agreement period via cheque from owner.
Onus of renewing the agreement is on owner and if he forsee the dates all legal charges or repercussions towards such act of negligence would be charged to the owner. A penalty for non compliance towards rent agreement is payable by owner for Rs. 2000.
Pls share your views:
Answer By V.Viswanathan
after adopting bye-laws making any guideline against bye law would not be binding on Member who does not want to follow the guidelines.
In case, you want to make the above guidelines as a part of your bye-laws, the Deputy registrar shall not approve any amendments against the approved model bye-laws.
In case, you want to follow the set guidelines as stated by you, it is advisable and recommended to take an undertaking to follow the above guidelines whenever the said member decide to let out.
This may give some relief and power to insist the self undertaking given and if any resolutions are passed against the bye-laws, the aggrieved member need to move before the coop court to get the same either stayed or set aside.
However to respect the law of the land and to facilitate easy letting out by the members, insisting beyond what is required by the new model bye law is not at all a good practice for having a mutually cooperative members hsg society.
**************************************************************************************************
QW/VV/119/26.09.2015
Our society is consiting of 2 complete seperate wing in one compound under one common CHS Registration no. Can we split these 2 wings into 2 seperate CHS? We have 2 seperate main gate also. In one wing there are 13 flats. In another wing there are 23 flats. What is the procedure?
Answer By V.Viswanathan
Under section 17 of MCS Act, by taking the General body meeting by majority resolution of 2/3rd members present, a proposal to divide into society can be done. In case a lesser members want division but majority members do not cooperate, an application by minority members file application for division u/s 18 of MCS act 1960 before the Deputy registrar.
**************************************************************************************************
QW/VV/120/26.09.2015
Sir, If AGM unanimously passes enclosed resolution any legal implication pl explain we have agm on23 rd Aug i.e. tomorrow.
"Resolved that 2BHK shall contribute Rs.1.25L and 1BHK shall contribute Rs.1L towards building repair/amenity fund. Further to reduce the burden, the said may be paid by the members before selling/transferring the flat"
Answer By V.Viswanathan
As per the bye-laws and GR issued by Govt, transfee fees as decided by General meeting not exceeding Rs. 25000 can be collected as transfer premium. Further no donation or contribution under any other head or nomiculture can be collected in excess of Rs.25000 at the time of sale of flat Any one reading the resolution can make out that it is payable at the time of sale of flat as building amenity fund. If any member challenges this resolutions than only it may be set aside. Since no one is immediately affected, the same may not be challenged and at the time of selling, since amount is shared equally by both the parties and they want to complete the transactions, it will be paid under pressure..
Any General body resolution   passed against the provisions of Act;Rules, circulars, notification and bye-laws will be binding on members till it is stayed or set aside by the cooperative court. So according to me morally, ethically and legally it is not advisable to pass such resolutions but if proposed and majority passes, if abided by members it gets implemented but if member refuses to pay legally you will not be able to recover it.
**************************************************************************************************
QW/VV/121/26.09.2015
Can you also elaborate on the requirements for condominiums please ? Thanks in advance.
Answer By V.Viswanathan
Condominium is a form of legal entity created to manage the day to day affairs of building complex by registering a declaration under Maharashtra Apartment Ownership Act,1970 and Rules,1971.
It is an extension of co-ownership and therefore even apartment owner shall get undivided rights in the land and building as per the deed of declaration registered by the builder even before selling a single flat. The dispute is resolved through civil court and no authority like a to registrar of cooperative societies to hear and resolve the disputes among the apartment owners.
**************************************************************************************************
QW/VV/122/28.09.2015
Last AGM in our society passed a unanimous resolution to penalize members for keeping plants in the balcony. Structural audit suggested that plants in balconies can adversely affect structural balance of building in the long run apart from spoiling the walls. Is such financial penalty on those who have still kept plants legal?
Answer By V.Viswanathan
As per the new model bye law society is authorised to levy penalty upto Rs.5000/- per year for any act done by the members against the interest of the society; against the Act, rules, bye laws and resolutions passed by the society either in General meeting or Managing committee.
It is an accepted fact and in the opinion of expert I. E. Structural auditor the plants should not be kept in the balcony and society has passed the resolution advising members not to do so. In spite of this, if few members are keeping the plant, they should be issued show cause notice for removing on certain date otherwise penalty of Rs.1000 pee week or day not exceeding Rs.5000 be charged in this financial year and why society should not get the labour and remove it on so and so date at your cost and expense etc. Put if required on the notice board etc You may warn that all damages to the building shall be recovered from him/her and only such member shall be held responsible for any mishap etc. After following above procedure you may levy penalty
**************************************************************************************************
QW/VV/123/02.10.2015
Which type of decisions can be finalised at M.C. meeting level in a CHS ? And for which type of decisions it is compulsory for M. C. to take General Body permission in a CHS ?
Answer By V.Viswanathan
As per the model Bye-law, the managing committee members should meet at least once to discuss, decide and take necessary steps to carry on day to day management of the CHS. It includes, receiving various application from members such as NOC for mortgage of flat, to stop leakage , allotment of parking, apply for Membership and communicate the decision. Provide and make arrangements for supply of common services like lift, water supply, drainage, common lights, security. Administration like preparing bills, accounts, Getting audit done, repairing upto Rs.100000 at a time and provide all services to the members and employee staff, decide their salary and so on General body takes the policy decisions like fixing the various charges, approve budgeted expenses, major repairs above 100000, appointment of auditors, amending the bye-laws? Redevelopment decisions, declaring election results and giving the overall guidance as a policy to be implemented by the Managing committee
**************************************************************************************************
QW/VV/125/04.10.2015
SUB. REDEVLOPMENT
U R KINDLY REQUESTED TO LET ME KNOW THAT OUT OF 14 MEMBERS SOCIETY 2 R DESENDING ( NOT AGREE FOR THE REDEVLOPMENT) DEVELOPERS IS READY TO DO LEGAL ACTIONS AGAINST THEM. NOW SOCIETY READY TO SIGN MOU AND P.O.A. IS THIS DOCUMENTS R SUFFICIENT FOR LEGAL ACTION? .
PLEASE ADVICE
THANKS.
Answer By V.Viswanathan

In order to take action against the dissenting members for redevelopment, societies by majority of 75% members should appoint a developer, get the NOC from registrar as per the directions issued by Govt for redevelopment u/s 79A of MCS act, execute and register development agreement, give POA and get IOD and issue eviction notice to every one including the dissenting one. If such dissenting member does not vacate, a case for appointment of court receiver can be done before the Hon'ble High court.
Unless and until you get IOD and balance of incontivence is in majority of members, you may not get the required relief. So go ahead and execute DANCE, POA and insist the developer to obtain IOD to file eviction case against non cooperating members.
*************************************************************************************************
QW/VV/126/04.10.2015
Sir .. Is fresh nomination required after the members are shifted in new building permanently in case of redevelopment ??
Answer By V.Viswanathan
Member nominates as per bye law to transfer his right, title and interest in the society along with shares held by him I favour of nominee to bring legal heirs on record. So even if new nomination is not done after the redevelopment, the old nomination shall be binding and society shall obliged to act on such nomination form.
However, practically in order to have better clarity it is advisable to file new nominations with new flat number and new area so that in future when the society is required to take action on nomination, the prevailing committee should not take a stand that old flat and area are not in existence so nominations are not valid. So my advice would be to file new nomination form after the redevelopment or immediately after executing permanent alternative accommodation agreement is executed whichever is earlier.
**************************************************************************************************
QW/VV/127/04.10.2015
Our society had transferred the flat in the name of members son on the basis of nomination & giftdeed though the giftdeed was not registered nor stamp duty was paid on same.
But after some years someone objected the transfer.
Legal opinion was souught the advocate said the transfer was wrong on his opinion the society transfered the flat on original members name.
Is this correct? whats your comment &opinion?
Answer By V.Viswanathan
If society has done some actions /transfers which could not been done but due to ignorance can be rectified by taking legal opinion in due course when such mistakes are noticed or brought to the knowledge by the affected persons.
Therefore whatever decision you have taken is proper and is also legal. If there is an error committed for whatever reasons, it need to rectified on getting such knowledge which you have done so.
**************************************************************************************************
QW/VV/128/06.10.2015
Our society has already completed the procedure of model bye laws of society after 97th ammendment in the year 2012/13&submitted to Thane Dy registrar but till today there is no reply from them.& department is asking us that the complete praposal had been lossed.&saying that to call special GM &make a new praposal for adopting bye laws pl guide us what can we do?
Answer By V.Viswanathan
Pls follow what has been said by registrar. You have to call SGM with 14 clear notice and get the resolution to adopt new bye laws by more than 2/3rd majority and submit the proposal of adopting new bye-laws within 2 months of holding SGM along with notice, old original bye-laws, new two copies of bye-laws duly signed by office bearers.
**************************************************************************************************
QW/VV/129/06.10.2015
We had election next week. Nobody wants to work for the society.
If nominations is not receive by members then what would be action taken by appointed officers .
What should as chairman I have to do?
Answer By V.Viswanathan
If till the last date fixed for filing nomination for the committee members are not received, the election officer in the meeting called to declare the results of the election, once again advice and request members to come forward to be part of committee. If minimum members required to form the quorum of the committee meeting do not come forward, the election officer shall report the fact of not able to form the committee to the Deputy registrar who shall appoint an authorised officer to manage the day to day affairs for a period of 6 months and to arrange for fresh election. This will continue till proper committee is not constituted by the members.

I fail to understand why members do not come forward to serve themselves. It is collective body of all flat owners and the elected members not only able to get served them better and also other persons staying on the complex. The committee members should be able to take policy decisions by spending 30 minutes to one hour in a month and appoint a trained manager whom reasonable salary can be paid and fix the responsibility and make him accountable. As per new bye-laws and amended MCS act, 1960 the manager is a functional director of the society and many responsibility of routine work can be assigned to such manager. Issue with the members of the society and committee members that they expect the committee members to spend their time, energy and carry out day to day work of looking after water supply, security gauradrs, sweeper, drainage, electricity issues, leakage, parking , billing, collection, attending complaints etc These routine work should be delegated to professional qualified and trained manager. The salary of manager will be shared by all members equally and you can get and demand quality services. The committee members and office bearers should think that it is the honorable post of committee members and not thankless and is a tension. My question is it serving ourself is a thankless job like taking care of myself, my family , my flat, surroundibgs nd then the complex in which my flat is situated. One need to change the mind set and accept the responsibility of committee members and enjoy the power of getting work executed for the benefit of all through paid and trained managers.
**************************************************************************************************
QW/VV/130/08.10.2015
The administrator appointed by the registrar on his last day before handing the office to the newly elected committee transfered a tenant's share certificate to his son's name on the basis of gift deed without examining the authenticity of the deed. No resolution of the said transfer of membership is passed in any general body meeting till date. There is no record in the I- form , J- form register of d same. Later on after one year of the new committee's term they co- opted the said person in the committee and made him the secretary. My question is just by transfering the share certificate can the person become a member ? If not what action should be taken ?
Answer By V.Viswanathan
Endorsement on share certificate regarding the admission of member by transfering the share certificate   by an administrator or the office bearers is a conclusive proof Passing a resolution in the minutes book or recording in yI Form, J form or share transger register by the administrator or the committee is the accountability of committee or administrator. The admission or transfer of membership is within the power of administrator or the committee, it does not require approval of General body. Many societies do record the transfers done in annual report, inform and introduce new members in General body and get it ratified. This system of approval is not compulsory as per the MCS act, Rules and bye-laws. The present committee must have now recorded on all statutory records, if not, they can on your bringing the facts to the notice of committee, even today they can do it and update the records. Pending updating of records by the responsible person does not make the transfer illegal or void. Since he is the member of the society based on share certificate Endorsement, he can context election and as per old bye laws before 14.2.2013, he could be cooped in the committee and become secretary also.
**************************************************************************************************
QW/VV/131/08.10.2015
To adopt the new bye laws is it mandatory for 2/3rd of the total members of the society to attend the meeting or just 2/3rs of the members present in the SGM voting in favour is sufficient to adopt and pass resolution.
Answer By V.Viswanathan
to adopt the new bye-laws, the notice of 14 clear days should be given. If there is a quorum of members at the scheduled time, the agenda for adoption of new bye laws can be taken and 2/3 of members present can decide by giving in favour of such adoption If there is no quorum as per the agenda notes, meeting may be adjourned for half an hour and the members present in such meeting whether there is a quorum or not the agenda items can be decided. Thus, it is 2/3rd of the members   present who is required to pass a resolution to adopt new bye-laws.
**************************************************************************************************
QW/VV/132/08.10.2015
Elaborate provisions of Associate member and their election to MC, and what to do with those associate members on MC, who are not eligible to become even associate member under new Bye-law.
Answer By V.Viswanathan
As per new bye laws only joint owners of the property/flat can become the associate member. However, if there are some associate members whose name is incorporated as per old bye law by accepting Rs.100/- as entrance fees as a joint share holder in the share certificate who is not owner of the property, till such associate member name is deleted from the share certificate after adoption of new Bye-law, they continue to be associate member. Such associate member is entitled to attend AGM, vote and contest election by taking NOC from first member.

In order to get those associate members who are not joint owner of the property and want to get them disqualified from MC, you need to do the following:

(1) New byes has to be adopted and approved by registrar

(2) MC member name should not be in the share certificate as joint holders

(3) MC need to issue member ceasation letter as per Bye-law no.55 of new model Bye-law has to issued.

After all the above, if MC member does not resign, the aggrieved member should file an application before deputy registrar to order removal of such associate members who are not joint owners of property.
In case, associate member attend the AGM, it will be on behalf of member only and therefore, associate member attendance will in the AGM will be treated as the attendenace of member on AGM and will b treated as Active member. Plz note that associate member, even if he is a joint owner as a member he does not have an independent status.
**************************************************************************************************
QW/VV/133/09.10.2015
Our society has formed a new managing committee after resignation of few members by selection in September 2014.without informing Dy. Registrar.Also Co-opted few members through SGM.What is the status of the managing committee?
Answer By V.Viswanathan
As per the MCS act,1960 amendment done effective from 14.2.2013, all election to the committee, fiilibg of casual vacancy and election of office bearers has to be done by election officer has to be done by the election officer appointed by state coop election authority. There is no provision for cooption. By election by appointing the election officer has to be done by the registrar. The present committee elected in sept 2014 will be only caretaker committee who need to inform the registrar and get the proper election done
**************************************************************************************************
QW/VV/134/09.10.2015
Sanction of FSI by TMC as per DCRules for a plot of 1000sq yds being 1:1.5, is a member of a copartnership tenant Society has equal right to FSI divided by no of membe rs or by no of flats?My view is that each member has one vote irrespective of the area or no of flats in his possession. Can a member claim equal area for each member claiming total FSI divided by next of members on Redevelopment though the area in his possession by way of transfer f on earlier member is less?Please quote any rules/bye laws on the subject in MCS Act.
Answer By V.Viswanathan
Every member when paid for construction of flat has contributed as per the area booked by him and when flat is purchased paid as per area of the flat purchased. Therefore any extra benefit on redevelopment also need to be shared as per the area of the flat.
**************************************************************************************************
QW/VV/135/14.10.2015
If any CHS building has been developed under the SRA , then is there is any lock in period for selling the flats etc may be it belongs to old member or belongs to new property buyers.
Answer By V.Viswanathan
In case a property is developed under SRA, all free flats given to slum dwellers as Rehab part flats cannot be sold for period of 10 yrs from the date of allotment. In case of flats of sale buildings, there is no restrictions on sale. Any time free sale flats can be sold for any number of times
**************************************************************************************************
QW/VV/136/14.10.2015
There are many defaulters in our society who pays late maintenence charges. Till now we are charging 21% per annum simple interest penalty charges. But it becomes difficult and time consuming every month for calculation. So the committee has decided to pass a resolution in the coming AGM, charging interest flat rs 100 monthly on delay payments or 21% p.a whichever is higher. can this be passed with majority? Even after passing resolution can any defaulters make complaints against the society to deputy registrars?
Answer By V.Viswanathan
Bye laws of CHS is very clear that no interest or fine or penalty under whatever name on defaulted dues cannot exceed more than 21% p.a. simple interest. Any violation on this the member can lodge a complaint against the society before the Deputy registrar.
*************************************************************************************************
QW/VV/137/14.10.2015
This has come to understand that ,
while clearing “ B1 Property “ for re development of a Society , the collector authority are likely to levy the Tax for,
# if a member (original) in a society purchased a flat from builder in the year 1972 and registered the documents
# In 1986 the same member sold out the above flat to “ X “ and Mr. X has registered the documents
# Again in 1995 Mr. “ X “sold out the above flat to “ Y “ and Mr. Y has registered the documents
# and now the member ( Z ) who is staying in that flat has purchased the same flat in 2002 after registering the documents as usual.
In such case who will be liable to pay the New Tax etc. / what is the remedy of such cases.
Answer By V.Viswanathan
When the land was originally alloted to the society by the collector, the names of First Members approved by collector is mentioned in the lease deed. One of the conditions of lease agreement is that every transfer shall be approved by collector. As per notification dated 2007, there was restriction of family income to RS. 20000/- per month and 20% was required to be alloted to SC/ST. Now in 2015 both these conditions are relaxed. The applicable transfer fees with penalties has to be paid by the latest owner as he has purchased it with all liability. Further any appreciation in the value of property is not given to the old member or seller, so expecting that the old member has to clear such liabilities on account of collector transfer fees will not be proper
**************************************************************************************************
QW/VV/138/17.10.2015
Is there any rule for seperate parking charges for members & tenants. Pls tell me the bye law.
Answer By V.Viswanathan
Legally speaking the parking facilities are amenities attached to the flat As per DC Rules; depending on size of flats number of parking has to be provided. When the tenant is getting the flat on rent, the parking facilities also enjoyed by him as an amenities attache d the flat which was originally alloted to the members. For tenanted flats other than 10% of maintenance charges as non occupancy charges can be levied no other additional parking charges or under other name any additional amount can be charged. However as a arm twisting tactics few societies charge double parking charges to tenanted flats by passing a General body resolution and tenants or owners pay such additional parking charges to get continuity in parking facilities. This type of resolutions are against the bye laws and Govt notifications
**************************************************************************************************
QW/VV/139/17.10.2015
our bldg plot was alloted to individual person and allotee has developed the plot after taking NOC from Mhada n BMC authority with one partner after completion of legal documents in the year 2009 but till today no OC is obtained, no regular ( residential ) water connection has been provided only commercial water connection is provided presently.society has not been formed.There are residential 8 flats and 1 commercial purpose flat in the bldg & ground floor area front facing is provided to BMC for dispensary as per terms and conditions laid down by BMC at the time of iod /cc
Sir
Kindly advice ,what to do for registration of society and getting oc and residential water connection?
Who is responsible to undertake and complete all necessary documents,amenities ( water connection) and formation of society
Answer By V.Viswanathan
Society Formation responsibility is on the developer. You can file an application for registration of society at the Mhada, Deputy registrar and get the societies registered under non cooperation from builder.
Further to get OC, water connection etc, you have to file a case against the developer before the consumer court with demand for compensation.
**************************************************************************************************
QW/VV/140/17.10.2015
I paused one question on 28th regarding registration of co op Hsg Society by gift deed of members. Please can you help w ith your experiences n under which rule or notification etc.
Regards
Answer By V.Viswanathan
Only flat owners or co-owners of flat/ shop can become the Member of cooperative Housing society. One can acquire the property under Transfer of property Act 1882 by way of gift, sale, transfer, purchase or release deed. Therefore even by gifting the right title and interest of the flat in favour of donee, the donee can become the Member of the CHS.
**************************************************************************************************
QW/VV/141/17.10.2015
Ajay Khare from Dombivali asking where printed Marathi Byelaws are available for sale or is it available on website.
Answer By V.Viswanathan
Maharashtra societies Welfare association has printed and released Coop hsg societies model bye-laws released on 30th Aug 2015 on the occasion of opening of 5th branch at Pune.
Marathi bye laws are available at all branches of at the price of Rs.70/-per copy.
Pl contact on 42551414/32 to order for marathi or English model bye-laws of society. It also will be send on making phone calls at home delivery by charging additional home delivery charges of Rs.200/- in addition to cost of bye-laws within mumbai/Thane and pune district
**************************************************************************************************
QW/VV/142/19.10.2015
Pl anyone advise me whether landlord can issue rent receipt in the name of two persons ( who r friends) ? If yes ? What are the other effects ?
Answer By V.Viswanathan
According to my opinion there can be one tenant for one room and rent receipt has to be issued in the name of one person as per Mah rent control act 1999.
In case rent receipts are issued in two names, the first person in whose name rent receipt is issued will b considered to be legal tenant and second name may be considered as occupying the premises with the first with the consent of owner.
It is a unique case.
**************************************************************************************************QW/VV/144/17.10.2015
Question by Rajesh Nambiar, Dear Sir Can existing members of a CHS discuss, adopt and pass a resolution to bill and collect extra monthly outgoings such as "Garden maintenance" from new members only under undertaking and affidavit from new members during admission.
Pass resolution in AGM.
Answer By V.Viswanathan
The societies cannot pass a resolution discriminating between different members of society based on their date of admission or type of use like shop or flat etc.
Any charges levied on the members has to be same to all and cannot discriminate.
If your society has passed such resolution and you are agreieved of of such resolution, you may complaint to deputy registrar about violation or breaches of bye laws.
Or file a case before cooperative court to get such resolution set aside.
**************************************************************************************************
QW/VV/145/20.10.2015
We want a clarification on subletting and non occupancy charges.
Under the earlier Byelaws bylaws 43 (1) and 43 (2) dealt with subletting of flats. 43 (2) (c) dealt with non occupancy charges. In the new model byelaws (2014) subletting is covered under 43 (a) and (b). Old 43 (2) has been completely removed including nonoccupancy charges. But 67 (a) (x) of new byelaws still mentions nonoccupancy charges at the rate fixed under byelaw 43 (b). It appears there is an error ir anomaly in dtafting. Can the society continue to leavy nonoccupancy charges as per the earlier byelaws and circular issued by the commisioner of cooperation GoM? Or is it that nonoccupancy charges are now not permitted under the new byelaws? Please guide us. Regards, Janardhanan - Awesome Heights CHS
Answer By V.Viswanathan
Whether old bye law or new bye law (2014) adopted, the non occupancy charges can be charged only upto 10% of services charges as non occupancy charges.
There are certain errors in numbering of bye-laws, those cannot be reasons for not implementing the Govt resolutions
**************************************************************************************************
QW/VV/146/22.10.2015
Registered society having 34 total members. In last year AGM. 5 member out of 7 of MC. Has resigned .Chairman also wish to resign but no one was willing to join MC, chairman acted as care taker. & appealed all member to come forward to do society work. After few month formed a committee but. Not. Notified in bank record. & old Office bearer used to sign cheques .is it valid pl. Guide
Answer By V.Viswanathan
After 14.2.2013, election to the managing committee or office bearers has be done by the duly appointed election officer of state cooperative election authority. U r society entire working and managing committee is illegal. Therefore as a immediate action, you are advised to inform the registrar by sending an application in E-2 and E'3 forms. The registrar shall depute a election officer to your society who shall call SGM with 15 days notice to get the election in SGM. If no one takes interest, registrar shall appoint an authorised officer to manage the affairs till proper election is done.
**************************************************************************************************
QW/VV/147/23.10.2015
Hello Sir. I am Girish Ganu. My query is in the managing comm. of the society where I am working there is a lady comm. member who never behaves properly with anybody, she always insults the secretary chairman and other comm, members. She is very rude, and always doubts about the committee and creates disturbance in the comm, functioning. When the comm, members oppose her she threatens to go to police and says that she will make any type of complaint against them as she is a lady and law will easily support her,. ( she is a widow in her mid forties) she even gives information about the committee to the members who are the committee members opponents. Even some ladies of the society have lodged a police complaint against her for her pathetic behaviour. The committee is fed up with her. Can the secretary remove her from the committee with the general body's permission in the forthcoming AGM on Sunday.
Secondly the father of a member wants to become associate member of the society. What procedure he has to follow? Please guide.
Answer By V.Viswanathan
(1) Once any person gets elected as committee member, no one except registrar by following due process of law based on disqualification mentioned in the Act like defaulter, not attending 3 consecutive meetings without leave of absence etc.
In case, you want to get rid of her ,as per my understanding ,she does not fit into any disqualification to remove as committee member by registrar, all committee members except her resign and since committee becomes minority, you can request the registrar to hold the fresh election. This is the easiest and best option.
Regarding to become associate member as per the new model bye-laws, the person should be co-owner or joint owner of the property. In case father who wants to become associate member is not the co-owner it is advisable to execute a gift deed transferring part of the property in the name of father and then he should apply for associate membership
**************************************************************************************************
QW/VV/148/23.10.2015
Can it be possible for a re-shuffel in office bearers post. We are in the last year of the tenure.Oct 2016 is the deadline for election.TY
Answer By V.Viswanathan
Effective from 14.2.2013 Any election to committee members due to expiry of the term or due to casual vacancy like death / resignation, the seats has to be filled by conducting election through election officer appointed by SCEA (state coop election authority ).
Further election to office bearers also need to be done in the presence of election officer. Reshuffle of office bearers amounts to election of office bearers and therefore you have to approach the registrar to get election officer appointed and then reshuffle the office bearers.
**************************************************************************************************
QW/VV/149/23.10.2015
We had election next week. Nobody wants to work for the society.
If nominations is not receive by members then what would be action taken by appointed officers .
What should as chairman I have to do?
Answer By V.Viswanathan
If till the last date fixed for filing nomination for the committee members are not received, the election officer in the meeting called to declare the results of the election, once again advice and request members to come forward to be part of committee. If minimum members required to form the quorum of the committee meeting do not come forward, the election officer shall report the fact of not able to form the committee to the Deputy registrar who shall appoint an authorised officer to manage the day to day affairs for a period of 6 months and to arrange for fresh election. This will continue till proper committee is not constituted by the members.
I fail to understand why members do not come forward to serve themselves. It is collective body of all flat owners and the elected members not only able to get served them better and also other persons staying on the complex. The committee members should be able to take policy decisions by spending 30 minutes to one hour in a month and appoint a trained manager whom reasonable salary can be paid and fix the responsibility and make him accountable. As per new bye-laws and amended MCS act, 1960 the manager is a functional director of the society and many respinsibility of routine work can be assigned to such manager. Issue with the members of the society and committee members that they expect the committee members to spend their time, energy and carry out day to day work of looking after water supply, security gauradrs, sweeper, drainage, electricity issues, leakage, parking , billing, collection, attending complaints etc These routine work should be delegated to professional qualified and trained manager. The salary of manager will be shared by all members equally and you can get and demand quality services. The committee members and office bearers should think that it is the honorable post of committee members and not thankless and is a tension. My question is it serving ourself is a thankless job like taking care of myself, my family , my flat, surroundibgs nd then the complex in which my flat is situated. One need to change the mind set and accept the responsibility of committee members and enjoy the power of getting work executed for the benefit of all through paid and trained managers.
**************************************************************************************************
QW/VV/150/23.10.2015
Dear Mr. , What happens to associate members who are not co-owners or joint owners and who were already admitted under the old byelaws? Can they continue as associate members or will they cease to be assiciate members on adoption of new byelaws?
K.P. Janardhanan
Answer By V.Viswanathan
On adopting the new bye-laws, the associate member whose name is added as second in the share certificate will continue to associate member till proper procedure about cancellation of Associate member is not adopted as laid down in new model bye-laws No.55 regarding ceasation of membership.
In other words as per new Bye-law only joint owner can be associate member. Now there are few associate members by paying Rs. 100/- as associate member.
As per bye law No.55 various circumstances under which a person ceases to be Member of the society like:
(a) On resignation
(b) On transfer
(c ) on death
(d) on expulsion
(e) Adjudicated as insolvent
(f) person missing for 7 yrs
(g) on ceasation of right/title and interest of the member in the property of the Society etc.
Thus as per new bye-laws, if the member does not hold share in the property, he cease to be the Member and thus a notice to cease the membership can be issued and terminated
**************************************************************************************************
QW/VV/151/23.10.2015
IS IT COMPULSORILY TO ADOPT NEW BYE-LAWS. IF NO, CAN we follow previous bye laws?
Answer By V.Viswanathan
Adoption of new Bye-law no compulsory but changes in the Act and Rules have overriding effect in the old bye-laws at nearly 150 places.
All changes in the model bye-laws are due to changes in the MCS act and Rules.
Still you can continue wirh old bye-laws but changes in the MCS act has affected nearly @150 places and will be difficult every time to follow the act and bye-laws. As provision in act and Rules shall over ride the provisions of bye laws. Therefore it is very much recommended to go for adoption of new bye-laws
**************************************************************************************************
QW/VV/152/25.10.2015
Mr. R. if I have purchased the flat n the stamp duty registration process is over but the Secretary has not yet transferred the flat n the matter is with registrar under section 23(2). Can I attend the agm???
Answer By V.Viswanathan
No. You cannot attend AGM as you are still not the member of the society
**************************************************************************************************
QW/VV/153/25.10.2015
If the committee completed its tenure in 2015 but not inform the election pradhikarn for election so what action should be taken against the committee?
Answer By V.Viswanathan
It is the duty of mgt committee to inform the due date of election to the registrar before six months. If they fail to do so, members can complain to registrar who shall issue so cause notice and if proved guilty, can order for disqualification to context election for 5 years.
**************************************************************************************************
QW/VV/154/25.10.2015
If the committee completed its tenure in 2015 but not inform the election pradhikarn for election so what action should be taken against the committee?
Answer By V.Viswanathan
It is the duty of mgt committee to inform the due date of election to the registrar before six months. If they fail to do so, members can complain to registrar who shall issue so cause notice and if proved guilty, can order for disqualification to context election for 5 years.
**************************************************************************************************
QW/VV/154/25.10.2015
Whether committee whose term has expired but not informi g registrar to conduct election, has the right to take any dicision regarding break any fix deposits sinking fund for society development?
Answer By V.Viswanathan
Such committees are called care taker committee and they can take up only day to day activities. No major decisions on policy matters cab be taken. However, if there is a requisition SGM (special General body meeting) is called and decisions are taken, such committees can implement the decisions. In your case, if major repairs has to be done as it is urgent and SGM has decided to use sinking fund, such committees can implement the decision for the betterment of all the members of the society
**************************************************************************************************
QW/VV/155/25.10.2015
After 1-4-2010 property tax is based on the capital value of the property but will it be different for the property which are given on leave and license ? Will the owner of that property have to pay higher property tax?
Answer By V.Viswanathan
Once the capital value is adopted and implemented for property tax levy, the property tax on the property which is let out and self occupied are being valued in the same ready recknor value and the tax rate applicable considering the use of property whether residential, commercial, industrial, educational etc
So giving o rent does not affect the propety tax levied by mcgm
**************************************************************************************************
QW/VV/156/28.10.2015
As far as my knowledge, in most of the cases society undertakes the shade building but few member who do not have the leakage problem says why should we contribute as the problem is with top floor people ?
But what if in a society some people are adamant & do not contribute? (as the case with my society).
Answer By V.Viswanathan
It is the responsibility of the society to repair terrace and take all actions to stop water leakage from the terrace including fixing of shade or sheet on the terrace. The society in General body meeting can pass a resolution by majority (50%+1) of members present to collect the contribution from every Maer as per area of the flat. The society should bill in monthly / quarterly bill and collect from members. If not paid can be recovered by filing recovery cases u/s 101 of MCS act including simple interest @21%p.a by passing such resolutions.
**************************************************************************************************
QW/VV/157/28.10.2015
Question: sir pl answer can associate member become office bearer? Is it compulsory to add his name in share certificate? As per amendment in law 10 shares are compulsory for each member..
Answer By V.Viswanathan
If associate member name is appearing in the share certificate as 2nd or 3rd, he can vote in d absence of First Member and to contest election by taking NOC from first member in Form No.10A. On getting elected, associate member can become office
Bearers of the society.
Associate member name has to be in the share certificate.
On afopted new bye-laws, the balance share capital for 5 shares of Rs.250 to be collected and issue additional share certificate or issue new certificate for 10 shares by taking back the old share certificate of 5 shares.
**************************************************************************************************
QW/VV/158/28.10.2015
I am practicing CA ca Goregaon. One of the cooperative Housing society who had claimed standard deduction of Rs. 50000 80P has been disallowed by assessing officer and demand has been raised? What is the legal position.?
Answer By V.Viswanathan
If properly 80P (2)(a) to (c) is studied or analysed, it is applicable for cooperative societies having business income.
Section 80P (2)(c ) is reproduced as under for clarity:
(C) in the case of coop societies engaged in activities other than those specified in claise (a) or clause (b), so much of its profit and gains attributable to such activities as does not exceed (i) where such society is a consumers' coop society one hundred thousand rupees and
(ii) in any other case, fifty thousand rupees.
.........
So much of profits and gains attributable makes it very clear that coop society should be carrying onbusiness activity. Housing society is getting it's surplus exempted under concept of mutuality received from members. It does not carry on any business. Of course, if it gets rent for hoarding or telecommunication towers rent/ service charges, such income or interest income on FD eyc are incidental to proving service to its members or maintaining building but cannot be said to be profit or gain attributable to carring any business activity by such hsg societies.
Therefore, assessing officer is right in disallowing the deduction of Rs.50,000 for coop hsg societies under section 80P(2)(c).
**************************************************************************************************
QW/VV/159/28.10.2015
We are having a caretaker committee since April 2015, now the caretaker committee in reluctant to hold the AGM. What's the legal opinion?
It may be true that caretaker committee is illegal but what about the accounts?
Answer By V.Viswanathan
Since amendment done to MCS Act,1960 effective from 24.2.2013, the election to each and every society has to be done by the election officer appointed by the State cooperative election Authority. Therefore, in the absence of election officer, you can not hold the election. The election in the absence of election officer has to be postponed to the date when election officer is available.
Since term of office of the committee is expired in April 2015, since than MC is a caretaker committee. However such caretaker committee need to comply with all provisions of law like holding AGM, finalise accounts. It is having all rights of regular duly elected committee except taking any policy decisions like redevelopment etc.
Such caretaker committee need to follow up with registrar and get elections done.
It will be failing it's duty if such committees do not hold AGM by 30th September and get accounts audited and approved in the AGM. All day to day expenses and decisions can taken by such committees and get implemented
**************************************************************************************************
QW/VV/160/28.10.2015
Counter question to qw199;
Thanks Sir. But here it is slightly different. Committee resigned but failed to send the proper documents to registrar. Hence the election is delayed n committee is playing with members
Answer By V.Viswanathan
So u may as a member complain to registrar and get authorised officer appointed or election officer appointed.   Of you are able to prove their in active actions, get them disqualified for next 5 years from contesting elections. You have to take stand and get such committees thrown out. You cannot expect in such committees to take necessary steps, you aggrieved members do not complain and follow up with the registrar by using RTI or Right to Public service Act, 2015.
**************************************************************************************************
QW/VV/161/01.11.2015
In respect of sale of one shop, we observed that due to earlier endorsements there is no space to endorsement the last transfer. Pl advise how do we resolve this issue?
The last sale is the fourth transfer.-BY Prayers Tapisay
Answer By V.Viswanathan
It is advisable to attach a continuing sheet of transfer attached to the share certificate. On the original sheet you have to note that sheet no 2 is attached for further transfer
**************************************************************************************************
QW/VV/162/01.11.2015
Govt had increased property tax and had reduced after sometime. During this period Society had collected @ higher rates. For the credit balance arising can the Society keep it as funds or should the credit balance be refunded or adjusted.
Answer By V.Viswanathan
Any excess collection on property tax or on any account need to be informed to the members of its utilisation. If any surplus is collected on such account, it is advisable to take an appropriate resolution in the General body meeting whether the same to be credited to the members or transfer to general reserve. Honestly the society should inform the members about extra amount collected on account of property tax and transfer to general reserves such extra to take care of future expenses. Of course, you need to get the resolution passed in the General body meeting.
**************************************************************************************************
QW/VV/163/01.11.2015
One member is not living in a CHS flat registered and stamp duty paid for last 5 years.Last three years a person having family stayed for last years without permission of the society MC.Now another person comes from nowhere and stays the flat belongs to him where as the original member has no alternative address such as native place.Only society has the Xerox copy of the Agrmnt with the buider.Man in is armtwisting with the MC claims to be the real owner and has not paid the Arrears fully for some time.
What actions can be taken against such flat owner?
Answer By V.Viswanathan
The flat is owned by the members of the society. Legal entity is registered as CHS to manage and provide common services. The society neither has any right to stop giving flat on caretaker or LL basis by member to any person. In case, any nuisance or illegal activities are created by such third party kept by the owner of the flat, the society can initiate legal actions before the appropriate authorities /forums.
**************************************************************************************************
QW/VV/164/04.11.2015
We have some members in our society who have huge outstanding and repetitive letters hv yield no action from them. Many of these flats are on leave n License. Plz advice how can we get these members to pay up?
Answer By V.Viswanathan
Please table the same in your Managing Committee Meeting approve the outstanding & then issue at Max 3 Notices & seek justification from Defaulters on reasoning for non-payment then if it still remains unpaid / unresolved then if within 3 years; please go ahead & file Recovery Case under section 101 of MCS Act.
**************************************************************************************************
QW/VV/165/04.11.2015
Can the agm be attend by the defaulters. If yes can they vote too.???
Answer By V.Viswanathan
Only active member in the cooperative Housing society can vote in the General meeting resolutions or in the election
As per the NEW Model byelaws -2014, if all three of the conditions are full filled, such members are treated as Active members:
(1) to own or co-own the flat/ shop/gala or share in the property of the Society
(2) pay at least once in earlier 5 years.
(3) attend at least one general meetings in the last 5 years provided this clause not applicable if leave if absence is granted by GB.
Defaulter under MCS act means for CHS, if any amount is not paid after the expiry of three months from the date of issue of notice in writing by society to pay such outstanding amount. Issue of monthly or quarterly bill or demand notice cannot be considered as notice to declare a person as defaulter.
Defaulters as stated above do not pay outstanding balance even after issue of such notice in writing over a perod of 3 months cannot contest the election or if elected as committee members and become a defaulters as above, they can be removed from the committee by registrar u/s 77A of MCS act.
So if even if once a small amount towards society charges are paid they are treated as Active members and eligible to vote
**************************************************************************************************
QW/VV/166/04.11.2015

Sir pl. Clarify. I hv commenced the audit on 17/03/2015 for the FY 2014-15. There is onjection that audit cannot be commenced before closing of books i.e 31/03/2015. Pl. Confirm.
Answer By V.Viswanathan
General body appoints the auditor for the current financial year and continues from the date of AGM in which appointed till next AGM. You must have been appointed in the AGM held after 31.3.2014 but before 15.9.2014 for carrying out audit for the cooperative year 2014-15. Therefore, it is expected by law that you start the audit for 2014-15 immediately on appointment, so that you have sufficient time to complete audit. Further, if any rectification has to be done, it can be done during the financial year only. Of course, the statutory audit report can be submitted after the books of account are closed and such accounts statements are adopted by the board of directors / Commitee after the close of cooperative year
**************************************************************************************************
QW/VV/167/07.11.2015
I am an office bearer of a Managing Committee (MC) of one of the co-operating housing society in Mumbai. The society has 96 members.
This MC was constituted in Feb 2014 after following the process of election. The election officer has followed the bye-laws prevailing on the day of declaring the election and conducted the same for 11 members. Out of which was reserved for ladies and 1 each for reserved cast respectively.
Unfortunately no one from OBC reserved category filed the nomination for reserved seat; hence the election officer has declared the result for 10 positions and kept the result of one seat in abeyance. Pursuant to which he placed a notice on the notice board seeking the new application for reserved seat from eligible resident members and mentioned in the notice that if no application is received he’ll declare the name of the contestant as 11th members who has received next lowest votes in Feb 2013 election.
On account of not receiving any new nomination/ application the election officer has declared the name of a general category contestant as 11th member. My query to you- does this act of the election officer is valid under the provisions of law/ byelaws?
Answer By V.Viswanathan
The post for women or reserve categories can be filled from the candidates belonging to that category only. If there are no candidates, it should be kept vacant. It is a Rly compartment reserved for ladies cannot be occupied just because it is vacant by gents, same way, if ladies or SC/ST or OBC or special BC or NT candidates are not available it should be kept vacant and to be filled as and when such categories candidates desire to occupy the seats. Therefore, the returning officer has done a mistake. Now you are either request that 11th candidate to resign or report to registrar who may u/s 77A of MCS act remove him from the post of committee. In case committee want that person to be in the committee or any other active experts who have not contested the election, the committee can coop two committee members as experts or technical knowledge committee members.
**************************************************************************************************
QW/VV/168/07.11.2015
Plz.suggest Wht is procedure to adopt new bye laws.
Answer By V.Viswanathan
1. Pass general body resolution adopting the new bye laws
2. Two new bye laws
3. Copy of old bye laws
4. Copy of notice agenda and minutes of the general body meeting wherein the bye laws has been adopted
5. Online registration must
6. Filling up forms
7. Affix 50/- court fee stamp on that form
8. Submit to deputy registrar
**************************************************************************************************
QW/VV/169/07.11.2015
Sir pl. Clarify. I hv commenced the audit on 17/03/2015 for the FY 2014-15. There is onjection that audit cannot be commenced before closing of books i.e 31/03/2015. Pl. Confirm.
Answer By V.Viswanathan
General body appoints the auditor for the current financial year and continues from the date of AGM in which appointed till next AGM. You must have been appointed in the AGM held after 31.3.2014 but before 15.9.2014 for carrying out audit for the cooperative year 2014-15. Therefore, it is expected by law that you start the audit for 2014-15 immediately on appointment, so that you have sufficient time to complete audit. Further, if any rectification has to be done, it can be done during the financial year only. Of course, the statutory audit report can be submitted after the books of account are closed and such accounts statements are adopted by the board of directors / Commitee after the close of cooperative year
**************************************************************************************************
QW/VV/170/07.11.2015
Is there a rule that a new member of redeveloped society cannot sell his flat for 2 years?
Answer By V.Viswanathan
There is no such rule. It is a fundamental right of every member to transfer his right, title and interest in the flat/property to any other person in the cooperative Housing society. Therefore, as per bye-laws of CHS, the SRA/Mhada/collector or any govt sponsored schemes where such authorities NOC for the Sale or giving on LL is required. In all other cases NOC for sale or to give on Leave and license or caretaker nasis , socieyy is not required.
Many developers or even committees at the influence of developers incorporate such clauses in the DA agreement not to dispose of flats by any existing members for a perod of two years from the date of handing over the possession of new flat. Some builders incorporate in DA that prior NOC from developers required to sell the flats after executing DA in which case builders demand transfer fees of Rs.1000 or more per sq.feet. I have seen few DA in which societies have accepted the clause that even if builder gives NOC, the balance corpus to be paid to existing member will be forfeited and new person shall not get rent for the balance construction period which is available to others and also any additional benefits arising due to change in the Development control rules like increase in FSI will not be available to such new person who has purchased such flats.
These restrictive clauses at any cost need to be avoided. The reasons given by some societies that, the builder may buy the flats of chairman and office bearers and others will not be able to make such office bearers liable. If such act has to happen it will happen because corrupt practitioners know how to get their work done but it will certainly harm the innocent flat members who fir some reasons want to sell but will be discouraged by such clauses.
**************************************************************************************************
QW/VV/171/10.11.2015
Society is formed and mhada alloted a plot to society on 30 yr lease. Society has 11 members. Society entered into developer agreement with developer with all right to him n only right to claim damages to society incase of delay.
Present members wants to transfer there share to other members n developer consent is there.
Can they transfer by executing share transfer form. Do they have to pay stamp duty on it.Present status is members have right to own flat once developed.
Answer By V.Viswanathan
It is like any other transfer of flat. Though in this case, the flat may be under construction or is just demolished, the outgoing member is transferring his right, title and interest in the property under construction which will be in due course available to the purchaser from the developer by virtue of development agreement executed by the society.
It is advisable, recommended and legally required that such agreement of transfer of under construction flat gone for redevelopment whenever sold is sold, the agreement should be tripartite I. E seller, buyer and Builder/developer with due NOC from the society..
Stamp duty and registration as per the agreement value or market value as per the ready recknor whichever is more, required to be paid. It is not sufficient to simply fill up the transfer forms and get transfer of share certificate is done. Of course after registering the transfer agreement with tripartite, all transfer forms as required under coop hsg societies bye laws need to be filled, transfer fees and transfer premium of Rs.25000 or as may be decided by the society need to paid and get the shares of the society of outgoing members transferred in the name of new purchaser to admit as member in place of outgoing member.
**************************************************************************************************
QW/VV/172/10.11.2015
We have a complex of about 24 buildings. 2 societies have been formed for 5 bldgs. 4 bldgs. Are under construction. For others society is yet to be formed. A federation society is also to be formed. Builder is managing common security & facilities. He gave a huge bill to our society which our society rejected on the ground that he has yet to deliver the club house. He has started sending individually to all owners. What should be done by the individual owners & society
Answer By V.Viswanathan
It is the duty of the builder to manage the common services in the complex till the project is completed. Once the society is registered, the builder has to collect it from society and cannot issue individual bills The flat owners should not pay such amount to the builder.
**************************************************************************************************
QW/VV/173/10.11.2015
Is it necessary that car parking alloted nos among original members in redevelopment of society be mentioned when the Permanent accommodation agreement is executed between the members and builder or what is the best solution to secure car parking rights.?
Answer By V.Viswanathan
If the Development Agreement mentions that each member shall be provided with car parking facilities and the sane is approved by Municipal Corporation and at the time of allotment of flats, the car parking is also identified for respective flats, in such cases, it is advisable and recommended to include in the permanent alternative accommodation agreement. This will not be considered as sold but will b considered as the amenity to the flat which was agreed at the time of DA has been fulfilled and provided along with respective flats.
**************************************************************************************************
QW/VV/174/14.11.2015
At what stage of redevelopment of a society the permanent alternative accommodation agreement be executed between original member n builder.
Answer By V.Viswanathan
First the Development Agreement between builder and society. Then receipt of corpus before shifting and after bldr gets IOD, ( intimation of disapproval) from MCGM ( Municipal Corportion of Greater Mumbai, PAA ( Permanet Alternative accommodation agreement) be signed where area of flat location, details of amenities car park etc is mentioned. PAAA has to tripritite ( builder, society and member ) take Advance rent upto time of const. Usually 18 to 24 months. Then register the agreement and then move out.
PAAA has to be duly stamped and registered. Without executing PARA no one should move out of the flat. There is a judgement on this account passed by High court Mumbai and is now made a part of IOD conditions.
Unfortunately, few society office bearers at the influence of developers and with a hope to get additional area as and when additional FSI is granted, do not get the PARA registered but get only motorised on Rs.100 stamp paper which has no legal validity and then sign an understanding to get commencement certificate before MCGM that PAAA is executed with every member as a fulfillment of terms and conditions of IOD.
Only God has to save such members of societies who have moved out without executing PAAA
**************************************************************************************************
QW/VV/175/14.11.2015
With regards to defaulters : For them to fulfil the condition of active members they should have paid the equivalent of 1 years maintenance in one of years and for a continuous period of 1 year. This was a clarification given in the TOI a couple of weeks back. I find this quite reasonable. Paying one months maintenance in 5 years and seeking to exercise rights without responsibilities is expecting too much from maintenance paying members.
Is this the correct view?
Answer By V.Viswanathan
Regarding active members of CHS, new model bye-laws at two places have defined separately regarding the payment of dues are concerned.
At one place it says, member should be at least paying once in five years. This means, even in five years he pays once Rs.1/-he shall be active member.
In another place it says, to become active one has to pay maintenance charges regularly. What is the meaning of paying regularly not mentioned.
We as have requested the commissioner to give clarity on this important vague definition of active members in bye-laws and further requested that a defaulters as per MCS act should not be considered as Active member. As per MCS act, 1960, defaulter in case of coop hsg societies means, a member who has not paid any amount even after the expiry of three nlmonths since the issue of notice for payment outstanding dues.
The response from the department is that the existing g committee in order to see that their opponents or who are against their working style many charge any arbitratorary amount in the bill and then issue notice for recovery and declare them as defaulters. This could be a big scandal misused by the exiting committee.
Therefore, only once payment in five years has been mentioned.
Considering your views, we shall represent to the Govt that average monthly dues of 12 months out of 60onths, if paid by the members, such members are to be considerd as Active members
**************************************************************************************************
QW/VV/176/14.11.2015
Can a few flat-holders who have bought flats from builder, choose not to become members of the co-op housing society formed by other such flat buyers?
There is a apparently no reason why they chose not to become members. They however contribute towards the common maintenance expenses of the society.
By CA. Rushika (Anitha) Tandol
Answer By V.Viswanathan
Membership in a cooperative Housing society is a voluntary. No one compel the person who has bought the flat to become the Member of the society.
However, if a person purchases the flat in a cooperative Housing society or purchased the flat from the builder and majority have formed the CHS, it is advisable and recommended that all flat purchasers should become the members of the society fir the following benefits:
(1) members can attend meeting and express views on many important decisions including decisions on outgoings

(2) Can get elected to manage the affairs

(3) If any certificate of residence or NOC for raising loan is required, without being a member society does not grant

(4) common facilities of car parking may be given only to the members.

(5) if such persons want to sell the flat, the buyer would have many doubts on the legal title of the flat.
**************************************************************************************************
QW/VV/177/14.11.2015
In our society's Registered redevelopment Avgreement dated 21.05.2008 it was clearly mentioned & agreed by all old members that the developer would have right to allot 50% car parking spaces to his prospective property buyer & remaining 50% parking spaces will be kept reserved for old member of the society.
Developer has issued Parking Space Letter, out of his 50% Parking space quota, to his property buyers.
please reply can society deny to allot Parking spaces to developer's property buyers by passing resolution to the same effect in the SGM Dec 2012,attended by only old members?
Please note till date M.C. has not enrolled any developer's property buyers as members of the society.
Now what is the remedies for new property buyers for getting their dedicated car parking space ?
By Vimal Jain
Answer By V.Viswanathan
Car parking facilities has to be provided by the builder to any building developed by them as per Development control rules.1961. The developer has to provide the required car parkings approved by MCGM as per the approved plan to tespective flats as per it's size.   Visitors car parking of 25% and 1 parking approved for two or more flats as per DCRULES will be common amenities to be handed over to the society for allotment among members of the society as per the resolution passed in the society meeting.
In your case, since as per DA, it has been agreed that 50% of car parking will be available only to the existing members, society before admitting new myers get the allotment of parking amongst them. Since new flat purchasers are not yet admitted they will not have any say.
After new purchasers are admitted as members and are agreieved of old allotment done by the society against their rights on parking, may file a case before cooperative court to get such resolutions set aside and get the fresh allotment done. If any flat purchaser is aggrieved before admitting as member about the car parking, they can move before civil court or consumer court against the builder and the society to get justice. Otherwise what has been done by the society is proper in the given situation as explained by you
**************************************************************************************************
QW/VV/178/14.11.2015
At what stage of redevelopment of a society the permanent alternative accommodation agreement be executed between original member n builder.
Answer By V.Viswanathan
First the Development Agreement between builder and society. Then receipt of corpus before shifting and after bldr gets IOD, ( intimation of disapproval) from MCGM ( Municipal Corportion of Greater Mumbai, PAA ( Permanet Alternative accommodation agreement) be signed where area of flat location, details of amenities car park etc is mentioned. PAAA has to tripritite ( builder, society and member ) take Advance rent upto time of const. Usually 18 to 24 months. Then register the agreement and then move out.
PAAA has to be duly stamped and registered. Without executing PARA no one should move out of the flat. There is a judgement on this account passed by High court Mumbai and is now made a part of IOD conditions.
Unfortunately, few society office bearers at the influence of developers and with a hope to get additional area as and when additional FSI is granted, do not get the PARA registered but get only motorised on Rs.100 stamp paper which has no legal validity and then sign an understanding to get commencement certificate before MCGM that PAAA is executed with every member as a fulfillment of terms and conditions of IOD.
Only God has to save such members of societies who have moved out without executing PAAA
**************************************************************************************************
QW/VV/179/17.11.2015
Q. What. About the society those who have signed d.a but developers now not interested in developing projects due to various reason going to court tedious work n fees.
Answer By V.Viswanathan
Every DA has a Time limitation clause. Hence if the developer is unable to perform his part and delays the process the agreement lapses. Hence drafting terms have to be clear. It is very important these clauses are catefully drafted that dont bind the society with any unreasonable terms.
The high court has also held in favour of society whenever builders have del.   ayed. In a recent judgement the society was permited to change the developer.
**************************************************************************************************
QW/VV/180/17.11.2015
What. About the society those who have signed d.a but developers now not interested in developing projects due to various reason going to court tedious work n fees.
Answer By V.Viswanathan
Every DA has a Time limitation clause. Hence if the developer is unable to perform his part and delays the process the agreement lapses. Hence drafting terms have to be clear. It is very important these clauses are catefully drafted that dont bind the society with any unreasonable terms.
The high court has also held in favour of society whenever builders have del.   ayed. In a recent judgement the society was permited to change the developer.
**************************************************************************************************
QW/VV/181/17.11.2015
What is alternative to secure car parking alloted by gen body to original members in redev of socy if nt part of DA and some members insist not to mention car parking nos in Permanent alternative accommodation agreement as it is annexed to the DA.
Answer By V.Viswanathan
It is advisable to get Parking allotment as per DA in PAAA also.
In case, society has any reservations to get them included in PAAA, at least get the allotment letter issued by the society about car parking as per DA so that in future there will not be any issues related to car parking
**************************************************************************************************
QW/VV/182/17.11.2015
Sir I'm member of Pune unit. I would like to know that our building is constructed in 5 floor, initially PMC has sanctioned plan for 4th floor. After the builder have submitted 5th plan on sold of flats. We have taken loan from nationalised Bank but after 3 yrs PMC has not approved the plan stating that road development charge should pay by builders. It is in rule or what action will we take since no completion has been recd & tax also?
Answer By V.Viswanathan
You have to file a case against the builder before consumer court for claiming damages.
**************************************************************************************************
QW/VV/183/17.11.2015
1.What is Current account balance limit for the CHS?
Answer By V.Viswanathan
There is no limit set by any act, rules or bye-laws. Housing societies are permitted to open the savings account in any banks.
If more money is kept idle in the current account, society is going to loose the interest kept in current account. Therefore, the society should not open current account only
**************************************************************************************************
QW/VV/184/17.11.2015
Please advice
1.How to check whether M.C.has passed any back dated resolution in M.C.meeting or not?
2. Is there any system under Bye Laws to keep Minutes register up to date regularly, so no one can temper or can passed any back dated resolution?
If yes please inform.
Answer By V.Viswanathan
Every month you can ask for a certified copy of managing committee meeting agenda and minutes u/s 32 of MCS act and the committee has to provide the same by charging nominal amount.
It is otherwise practically difficult for any ordinary member to keep the track of any back dated resolutions unless and until one or two committee members take the mi uses of the meeting immediately.
When such doubts are raised by the Committee myers, we have advised society to write the minutes in the meeting g only and obtain the signature of all members present at the end. Circulate such minutes xerox to all members of the society. This system adopted by the societies fir general body meetings also. This has reduced the doubt raised by members.
This system has to be afopted by committee otherwise there is no vlbye-laws or rule which provides to wrote minutes immediately.
**************************************************************************************************
QW/VV/185/17.11.2015
Within how much time after the AGM do we have to send the papers of bye-law adoption to registrar?
Answer By V.Viswanathan
Within two months from the date of General body meeting in which resolution to adopt or amend the bye-laws are taken place.
**************************************************************************************************
QW/VV/186/20.11.2015
Sir , I have a Query that should major structural Repairs Expenses of a Cooperative Hsg Society be   Borne by all members of the society as per the area occupied irrespective of Commercial and Residential. Or Should the Commercial shops owners bear more.
Answer By V.Viswanathan
Contributors towards all repairs expenses should be collected from members in the basis of area occupied / purchased by them. There is no separate or extra changes can be levied to commercial members.
**************************************************************************************************
QW/VV/187/22.11.2015
Is it true CA does not hv to enrol for panel , only GDCA has to do that for doing audit, and if not so, where n how can be some one enrol himself on panel.
Answer By V.Viswanathan
All auditors like CA individual or firm of CAs, GDCA, retired officers or govt auditors, all are required to be in the panel of Auditors prepares by Govt.
Last panel of Auditors was approved in 2014.
Normally once in a year panel is updated by the dept.
For the current year 2015, it has not been updated or applications are invited.
As and when such applications are invited to update the panel auditors, it is published in news paper, wirc website and now we shall update on this group.
It is expected to happen very shortly.
**************************************************************************************************
QW/VV/188/22.11.2015
What is the last date for submitting copy of the annual report of the Society to the registrars office ?
Dust be submitted after AGM ? OR Can be submitted before AGM and approval at a later date as Secretary and Jt.secretary abroad !
Answer By V.Viswanathan
Annual report and return has to be submitted on or before 30th Sept every year but after holding AGM. It cannot be filed before holding AGM
Accounts need to be adopted in the MC meeting and pass a resolution as to the person who shall be signing on behalf of the committee, get it audited and circulate to the members along with AGM notice and get it approved in the AGM.
**************************************************************************************************
QW/VV/189/22.11.2015
In our society land has been conveyed to the society. The land record in b m c has not been changed. They are asking for a fat amount. If they don't do it what is the consequences. C A N B Shetty.
Answer By V.Viswanathan
If you have proper documents of conveyance Deed properly registered, the authorities cannot demand any extra amount.
You need to take the help of RTI and Maharashtra Right to Public services ACT, 2015.
If within 2 months of making application, no actions are taken, file an RTI to get status report on your application and also file an appeal under right to serve vice act, 2015.
You will certainly get positive outcome
**************************************************************************************************
QW/VV/190/2511.2015
In our society for 3 BHK flats 2 sale agreement made by builder. 1 sale agreement for 2 BHK flats.
Our previous Managing committee has issue one share certificate of 5 shares to 2BHK flat and 2 shares certificate of 5 shares to 3 BHk flat.
Is it correct ?
Answer By V.Viswanathan
As per the old Bye-laws, minimum shares issued to the members of CHS is five and as per new model bye-laws minimum shares issued to be 10 of Rs.50/- each.
Nothing prohibits societies to issue more shares, if there is silufficient authorised capital as per registered bye-laws and proper resolutions to this effect is passed in the MC meeting.
In your case, society has adopted the system to provide one share certificate in respect of each agreement since the approved plan must be showing them as one independent flats and to make it big, the developer must have combined without amending plans, as one flat of 3BHK and sold to the flat purchasers
As per bye-laws, it is necessary to issue one share certificate per flat to get the title of flat identified with agreement and corresponding share certificate. Therefore, there is nothing wrong or mistake or illegal thing has been done by previous committee issuing two share certificate to a person who has two agreements in respect of two approved plans which has been combined for the purpose of convenient.
**************************************************************************************************
QW/VV/191/22.11.2015
In all existing CHS which followed the old Bye-laws a member had to purchase 5 shares to own the flat.
Now after adopting the new bye-laws which state fully paid up value of at least 10 shares.
Has it now become mandatory for each Society to issue additional 5 shares to every member at Rs 50/- per share??
Michael
Answer By V.Viswanathan
Yes by passing resolution and collecting additional Rs.250/- .
**************************************************************************************************
QW/VV/192/22.11.2015
The administrator was there in the soc and aftr conducting elections now new committee is in place..One of the off bearer is not ready to sign the accounts saying that tymes committee is responsible .He is an advocate nd wants a section or rule or clause which states its mandatory and respinsivility of the existing off bearer to sign on the accounts for the period wen new committee was not in picture.Plz guide...
Answer By V.Viswanathan
As per bye law 146 (a) of new model bye laws, it is the responsibility of the secretary or any person authorised by the Committee to finalise the account. At the relevant time whoever is in charge of the affairs need to prepare and finals accounts. The signature by office bearers on account of token of adoption in the committee without any accountability on the committee members who were not in office during the relevant time when the actual transactions took place
Once old Commitee is out of office, they will not have any access to books or records and it is not legal to ask them to do accounts and sign them when they are not holding any post.
**************************************************************************************************
QW/VV/193/22.11.2015
Our society has declared agm on
On 24 sep which is bakri idd ...national holiday we have 6 muslim members who have pointed out that it is a big festival of minority community and therefore meeting shall be invalid if u dont postpone they will get it cancelled thru registrar...what to do sir ...pl
Answer By V.Viswanathan
AGM can be called with 14 days clear notice on any day or night including on public holidays. Any democratic process in the society like holding AGM or any meeting can be stopped by any court or registrar.
You cannot fix the meeting taking into all aspects and every ones convenience.
**************************************************************************************************
QW/VV/194/25.11.2015
Whether society annual gen meeting can be held on 24 sep one member is saying u cannot hold meeting after 14 aug without registrar permission.
Answer By V.Viswanathan
As per the amendments done to MCS Act, 1960 effective from 14.2 2013, the society has to conduct AGM by 30th September and the power of the registrar to grant permission has been removed from the Act.
**************************************************************************************************
QW/VV/195/22.11.2015
Pl suggest on the following
Due to some reason new commitee formed on may 2014.now we have prepared balance sheet for 14 &15 & planning to take Agm. But repeated verbal request till date we have not recd previous balance sheet from prevoius commitee.
What next. Pl suggest.
Answer By V.Viswanathan
Once the new committee is elected and taken charge, all pending work including pending account had to be done by the new committee.
All records should be in the office of society or with the available records, new committee has to prepare accounts of earlier period and any difference to be shown in the ex- committee names and finalise accounts. Without old a/C new accounts cannot be prepared. Plz pass necessary resolutions to this effect and do the needful
**************************************************************************************************
QW/VV/196/22.11.2015
Where and when the AGM Can be held. Can it be held in any other city, other than the city in which the society premises are situated.
Answer By V.Viswanathan
The AGM or any coop society to be held on or before 30th Sept every year. Normally meeting has to be held in the district where registered office is situated. It can be held on holiday as per the notice given 14 days prior to the meeting date. There is no bar to hold the meeting other than the city in which society premises is situated but ideally it should be done within the area of operation of the society. The provision fir holding AGM says, the notice should specify the date, time and place of meeting without any restriction as to where the meeting need to be held
**************************************************************************************************
QW/VV/197/22.11.2015
if the committee completed its tenure in 2015 but not inform the election pradhikarn for election so what action should be taken against the committee?
Answer By V.Viswanathan
A complaint need to be filed before the Deputy registrar of the respective ward about failure to inform election authority about the expiry of the term before 6 months of expiry of term with all proof of last election held and having send a letter to society about the actions taken to hold election and inform the state coop election authority or registrar
(2) Registrar shall hold a hearing if parties and find guilty shall appoint an Authorized officer u/s 77A of MCS act to manage day to day affairs till elections are held by dismissing the exosting committee
(3) All committee members responsible to inform and initiate election process will be held liable for offence u/s 146 of the Act and shall be disqualified to contest election for a next full term of 5 years u/s 73 CA (1A) of MCS Act, 1960 read with punishment for offence u/s 147 of MCS Act, 1960.
**************************************************************************************************
QW/VV/198/22.11.2015
Pl .inform us we have developement aggrement for bldg.no.28.but now bldg.is demolished .and developer still not done individual aggrement. And CC has also come.as per law developer is not ready to do the individual aggrement.so pl.advise .
Answer By V.Viswanathan
It is violation of High court order, violation of MCGM commissioner direction, so plz complain about this to
(1) Dy chief engineer (Building proposal) of your area about violation of high court order and commissioner direction and if no stop work notice is issued till PAAA is executed,   Dy CE (BP) will be held responsible and accountable.
(2) File an RTI for status report to PIO on the complaints made by you
(3) File a complaint under Mah Right to Public services ACT, 2015 before first appellate authority empowered under that act
(4) complaint to MCGM commissioner.
If no actions taken, prepare a perform writ petition to be filed before Hon'ble High court to direct MCGM officials to get the implementation of high court order
5) prepare contempt of high court order petition to be filed before Hon'ble high court and serve on the authorities giving ultimatum to take actions within 30 days.
This will compel the concerned officer including the builder to do the needful.
No one is above the law
**************************************************************************************************
QW/VV/199/28.11.2015
If minute books of society AGM and SGM is not available and produce to auditor for verification and auditor qualify his report . now what remedy is available to society. The same is lost by old committee or accountant
Answer By V.Viswanathan
The present committee should make a record of what documents are received and which doxlcuments are not received from old committee duly signed by both new and old committee members.
A police complaint for loss of certain records including minutes book as per the missing list to be filed before the nearest police station.
Infirm this fact to the registrar and then call a Special General body meeting to get the facts recorded and if possible? Compile the minutes or resolutions of earlier committee and General body meetings and get it approved as reconstructed minutes of earlier period
Thus minutes can be reconstructed and made authentic and binding on all
**************************************************************************************************
QW/VV/200/28.11.2015
Is it mandatory to file online AGM munutes with annual and report to the registrar ?
Answer By V.Viswanathan
As per section 79 (1A) of the MCS Act, 1960, it is mandatory to file 6 types of annual returns I which AGM date is recorded online along with annual activities, Annual valance sheet / audit report etc within 6 months of close of coop year ime by 30th September Every Year.
Not filing annual returns call for show cause notice including levy of penalty upto Rs.5000 including dismissal of committee or person responsible and disqualification for contesting election for next 5 years as per section 73CA (1A) of the MCS act
**************************************************************************************************
QW/VV/201/28.11.2015
We have passed redevelopment resolution in last agm,&decided to take fisiblity report first. We took took fisiblity report now, (we wasted hole year to take fisiblity report in fact it's maximum one month job, still I feal my associate committee members delaying & being a committee member I can't talk, to avoid this delay what can I do. Our agm is on 26th September, 2015.
Answer By V.Viswanathan
Since your is Mhada society, there is no clarity in the FSI granted to Mhada societies. Amendment to Development control Rules, 1991 to grant 3 FSI with premium payment to Mhada without sharing upto to the plot area of 1500 to 2000 sqmtrs of land and above that area, sharing of built up area with Mhada with 4 FSI is on the pipeline.
You cannot expect the redevelopment to take place in time bound manner as you need consensus of over 75% of myers, locating good developer, policy changes by Govt etc. Any redevelopment process go from the date of starting to finally APPOINT a developer takes anywhere between 3 to 5 years and thereafter 3 to 5 years for completion by developer to give new building
**************************************************************************************************
QW/VV/202/28.11.2015
Dear Sir
committee member in bhoomi park in malad west. Recently v had our agm on 30th August.. during addressing general body on a box grill agenda..one of our lady committee member who has reserved her seat in womens category in d election alongwith her husband pounced on me with provoking language to indulge in fight n threatening to physically harm me..members of general body suggested me to keep calm..so i kept queit..since she has made a box grill against agm rulings of 5 years.
Next day i wrote to chairman to kindly include d incident in d minute .. no response.. after some day i found dat dey r about to circulat d minutes..so i guided dem dat its needs to b approved in a MCM b4 circulation.. so now dey hav cald a MCM
Dey r planning to create a majority n paas it in MCM for not minuting it.
Apart dis lady is a big nuisance to society bcoz she is regularly doing des harassment in al agm n in general too.
Plz advice..what should i do.
2nd .. dis lady has filed a case in coop court agnst mc n its few members 2 years ago.. d case is still on..in may 2015 v had undergone election thr registrar wherein she got elected in woman category.
Answer By V.Viswanathan
Minutes are to be written by the Secretary and the MC can suggest certain changes in that. Thereafter, it is circulated to the members for giving suggestions and objections or omissions which need to be included in minutes. If such procedure is not adopted and you want certain incidents happened or arguments took place need to be recorded, pls do give in writing with a request to include in the final minutes. When such minutes come before next general body for adoption or approval and your points are not recorded, you may request the General body to add in the minutes, if majority is on your side, the same be recorded or your contention by be over ruled by General body. At least such minutes of over ruling be asked to recorded in the minutes of current meeting. Thus record is created.
In case, you are still aggrieved about the way minutes are written by omitting certain important points, you are free to file a dispute before coop court u/s 91 of the MCS Act.
Regarding behaviour of certain committee members etc, the MC or general body or police can have control. However any incidents of criminal nature is done, you may file a complaint before local police station to take necessary actions. If proper actions are not initiated by police, you have to file a case before the magistrate court.
It is always advisable not to get provoked with such behaviour of any persons. By getting provoked, you are allowing them to suceed in their mission of cresting disturbance in the society. I appreciate if you ignore such behaviour and if really it matters and need legal actions of criminal or civil, approach a legal council or meet our legal team by taking prior appointment for first time free legal consultancy by calling on 42551414/32
**************************************************************************************************
QW/VV/203/28.11.2015
Dear Mr , waiting for your revert and help on the below mentioned matter I highlighted previously. It's a big pain and we are sandwiched between builders, BMC and politicians.
Dear Mr , need some guidance on the below mentioned matter: -
Panch Sristhi Complex currently comprises of 9 registered societies and few more upcoming buildings. The road inside the complex connects Hiranandani and Chandivalli/ Sakinaka. It's a layout road and is very narrow. All traffic including heavy traffic is plying through this road. Road is in pathetic condition and builder is not maintaining the same. There is also no street lights. We raised with BMC and BMC refused to maintain saying builder has not handed over the road. The situation is pathetic now and becoming bad to worst everyday. Can we get some help from association to take it up strongly with respective authorities. If you need I can send you a mail with photographs.
Answer By V.Viswanathan
has created many platforms and guidance cell to the residents who want to help themselves.
(1) Meet with all documents, complaint made to our legal.team.
(2) we can take up in our talk show which will be live Webinar type
(3) Meet media consultant of how the same can be high lighted in media.
(4). Arrange an agitation of one day before the concerned authorities by taking necessary police permission.
You need to be proactive, create a movement in your area and unitedly take measures to fight against authorities to get your rights.
Pls contact 42551414/32 To get appoint of legal team a d come with all papers. You may send papers in advance in my email : rs13@gmail.com
**************************************************************************************************
QW/VV/204/01.12.2015
Sir , A society has 10 shops and 20 Residential Flats , now society wants to take a seperate water meter for commercial , is it ok .
And moreover till that time they want to charge more water charges to one of the shop out of 10 shops , is it correct and can it b done by society which is injustice to the targeted shop owner.
Answer By V.Viswanathan
The society can charge differential water charges for all shops and all residents, if the water bill is charged in that way.
It is not justified to charge only one shop leaving all other nine shops lesser water charges equal to residents.
It is advisable to take two different connectors for residents and commercial, so that commercial bill can be distributed equally amongst shops and residential bill on all flats. No dispute can arise. It is legal and m mcgm does on receiving applications from society
**************************************************************************************************
QW/VV/205/01.12.2015
Please let me know the WP or case no, in which Honourable Bombay High Court has ordered for executing PAAA compulsory before demolition of the building in process of the Redevelopment.
Answer By V.Viswanathan
Any IOD issued after 23
06.2014, has a condition that no comment certificate shall be issued, unless permanent alternative accommodation agreements are executed with existing flat owners on case of CHS or tenants under tenanted buildings which are demolished due to dilapidated conditions or going for redevelopment under different schemes of redevelopment like under DCR 33 (7) cess buildings or under 33 (9) cluster development or u/s 33 (5) MHADA redevelopment or by loading TDR under DCR 34 for private chs .
The honourable high Court in writ petition (L) No.1135 of 2014 has ruled in para 9 (p) that CC to be issued unless PAAA with every member is filed with Corportion.- refer page 13 and 14 of the judgment passed by a division bench Justice Shri. Anoop V Mohta and Justice Shri. A.A.Sayed on 23rd June 2014.
Case law is uploaded on www.housing.org website. Pls visit and download.
Case filed by MCGM against state of Maharashtra, police commissioner and others when notice u/s 354 of MCGM is issued tenants / occupier are not sure about the builder and land owner providing houses in the redevelopment. So a policy guidelines in this case is given in detail at para no.9 of the judgment.
**************************************************************************************************
QW/VV/206/01.12.2015
In one of the high rise CHS, as per Mumbai Fire Brigade compliances Nov 2009 it was compulsory to provide 2 main Gate (4.5 meter broad with 4.5 meter clear heught) and 1 basement gate (6 meter broad with 3 meter clear height), 6 meter open space in south west corner.
But developer provide only 1 main gate & 1 basement gate. He didn't leave above said open space also.
Till date 20.09.2015 MFB has never cancelled requirement of 2nd main gate & open space.
Developer how ever suceeded to get O.C. in last Nov 2014 with the help of some corrupt personnel by exhibiting basement gate as 2nd main gate and 6 meter above said open space on sanctioned plan copy.
Lots of complaints have been filed at Building Proposal ( Eastern Suburban) vikhroli & MFB.for above said laps.
But non of the department is ready to take any action against these very important safety laps or ready to revoke the O.C.till the date of completion of above said fire compliances. Please advice now what steps shoud be taken ?
Answer By V.Viswanathan
In case you are sure that there is a need of another gate for safety of the residents as per laid down norms and DCRULES, you need to follow that and not insist for revocation of OC. Your move of getting revocation of OC will be something like putting a fire to your own house to get rid of rat. In the process rat will run away and you will lose your house. In the similar way, if you persistently follow up with the dept to revoke OC, they may do so and the bldg which you are staying can be considered as illegal and every one including you will receive the notice fir eviction which you or your society need to fight in the court and builder will be no where and will run away like the rat in the earlier example and you will then run the risk of making your legal building into illegal.
Instead demand the authorities to direct the developer to provide alternative gate or to the society to install another safety gate. Get the order for gate installation instead of revoking OC.
If MCGM/ Fire dept does not take necessary steps in this direction prepare a perform writ petition to be filed before before honorable High court against BMC/ Fire dept ; builder, society and diver to all of them. The file an RTI demanding status on your complaint.
File an appeal under a Mah. RIGHT TO PUBLIC SERVICE ACT 2015 EFFECTIVE FROM APRIL 3015.
**************************************************************************************************
QW/VV/207/01.12.2015
Can Managing Committee charge a commercial establishment (hospitals) for creating nuisance & unhygienic environment in the Society Compound. Up to what amount it can charge? Request guidance from members of this group / .
Answer By V.Viswanathan
Normally, it is advisable to take an undertaking from such members that certain nuisance shall not be created. Whatever is your apprehension about nuisance and for every violation, they may agree to pay certain compensation.
Legally all charges to be approved by General body and it has to be same for all members irrespective of use of property. It is also given in the model bye-laws. ANY NUISANCE OR DISTURBANCE CAN BE OR SHOULD BE TOLERATED BY CHARGING .ADDITIONAL . CHARGES. G.R DATED 29.04.2000 ALSO HAS STATED THAT NO DISCRIMINATION IN LEVY OF.CHARGRS SHOULD.BE DONE BASED ON ITS USES.
The G.R copy can be found I our website ;www.housing.org
**************************************************************************************************
QW/VV/208/01.12.2015
Whether expenses incurred on executing Conveyance including incidental expenses, should be shared equally by members or by the areas of respective flats.
Answer By V.Viswanathan
Since it is related to land and bldg, it should be as per area of flat
**************************************************************************************************
QW/VV/209/03.12.2015
Can a society levy parking charges for basement parking even though the parking lot is in the name of the flat owner
And can the society raise the parking charges
Is any resolution required for that
Is there any way to prevent the society from doing this
Answer By V.Viswanathan
Society charges are levied as per resolution of the general body as per the provisions made in the Bye-law. Parking charges also can be collected by the society to whom parking facilities are made available. The way flat is owned by members still various charges are paid, same way, parking though owned or purchased by members, if decided by the General body, every one need to pay.
In case you do not want to charged for car parking, get the majority on your side and stop the resolution from getting passed and even if resolution is moved, see that Rs.10/ per month or nominal charges are levied.
**************************************************************************************************
QW/VV/210/03.12.2015
Sir, can one person hold the different co op hsg soceity (chairman) or he become different co op hsg soceity m.c member. ???
Answer By V.Viswanathan
BY virtue of having purchased the flat/ shop, a person becomes member of the society. So he gets rights to vote and contest. Each society is an autonomous body. So there is no restrictions on holding posts at different societies so long he is otherwise eligible under the respective act.
**************************************************************************************************
QW/VV/211/03.12.2015
Whether Member can be expelled from membership due to misbehave and nuisance
Answer By V.Viswanathan
By giving member to clear his stand, in the G.B.Meeting, General Body can expell the said member U/S 35 of MCS Act.
But final decision can be taken by only the concern Deputy Registrar.
Please also check the whole provisions of section 35, whether the said member fit for expell under the the same section or not.
**************************************************************************************************
QW/VV/212/03.12.2015
Question . Is there any bye-law that bar relatives from being office bearers and signatories in bank account of CHS . Thanks
Answer By V.Viswanathan
No such restrictions
**************************************************************************************************
QW/VV/213/05.12.2015
Due to any reason, if any CA not able to deliver the audit report by 30th Sept., what can be done in AGM? Is there any way to pass the Accounts and audit report after AGM?
Kindly guide.
Answer By V.Viswanathan
Accounts subject to audit to be approved with concerns and queries to be considerd by auditors in their report.
After the audit report is received, SGM can be called to approve the audited accounts
**************************************************************************************************
QW/VV/214/06.12.2015
"Is there any bye law that bar relatives from being office bearers and signatories in bank accounts of the CHS?
CLARIFICATION BY Adv. M.V Gupta:
D ue respect to ji, I would like to bring to notice the following correct position:
A relative who is not a Member of the Society cannot either be an office bearer or be signatory in bank accounts of a CHS unless he is firstly a Read Member of the Society and is duly ejected as Member of MC of the Society under bye law 116 of Model bye laws. Further bye law 114 stipulates that the bank account and all acquittances of the Society should be signed by Secretary Jointly with Chairman or Treasurer. Mere relationship with any office bearer does not entitle a person to become official bearer of the CHS or be signatory in Society bank or other accounts.
Answer By V.Viswanathan
I fully endorse the views of Adv.M.V.Gupta. when I stated that there is no restrictions in few societies relatives like brothers and married sisters, parents are members. Thus from one family father becomes chairman, elder son secretary and sister becomes treasurer. They are duly elected members. In such situations few members raise the voice when any action is initiated against them that all office bearers are relatives. If that is the situation no restrictions in act, rules or bye-laws. However, if relative is not member, such relative of member cannot attend even meeting. So there is no question that they can become office bearers or become signatories to cheques
**************************************************************************************************
QW/VV/216/06.12.2015
My question is one of our society member having laminated share certificate in name of previous owner now he wants to transfer the same on his name since laminated certificate unable to add his name can we issue duplicate share certificate to him pls guide us.
Answer By V.Viswanathan
Please take original laminated share certificate in M.C . possession alongwith undertaking on stamp paper from the original member for surrendering original share certificate with reason willingly & application for duplicate share certificate and after passing the Resolution in M.C.meeting for the same effect, duplicate share certificate can be issued.
**************************************************************************************************
QW/VV/217/10.12.2015
We have arranged AGM on 25 sep. Quorum was not there.now once again arranged on 03rd Oct.if once again quorum not there. What next. Pl suggest.
Urgent. Pl reply
Answer By V.Viswanathan
Instead of postponement of AGM in lack of qurom
You should have to wait for next 30 minutes & then AGM should have been concluded with present members.
**************************************************************************************************
QW/VV/218/10.12.2015
It is a practise to write in the agenda itself Should there be no quorum till the appointed time meeting shall be adjourned till and will be held on same place, same day whether there is quorum or no quorum time gap of 30 minutes from scheduled time
Answer By V.Viswanathan
You should mention the same in the Agenda.
**************************************************************************************************
QW/VV/219/10.12.2015
Builder has handover possesion of the new bulinding after redevelopment. What documents/papers Society has to demand from the Builder n what is the procedure to follow.
Answer By V.Viswanathan
1.Ask him to
Furnish original Occupancy Certificate along with
Final sanctioned plan copy & fire compliances NOC.
2.Please don't forget to make physical reconciliation of sanctioned plan copy & fire compliances NOC.
3. Keep some part of the bank guarantee for next 2 to 3 year for any possible dispute arise between developer & society, may be arise due to inferior quality of construction work, ,amenities or any government due balance of the construction period or for doing construction.
**************************************************************************************************
QW/VV/220/10.12.2015
Question: from one of the member from chembur Group:
:- Builder has handover possesion of the new bulinding after redevelopment. What documents/papers Society has to demand from the Builder n what is the procedure
to follow.
Answer By V.Viswanathan
1.Ask him to
Furnish original Occupancy Certificate along with
Final sanctioned plan copy & fire compliances NOC.
2.Please don't forget to make physical reconciliation of sanctioned plan copy & fire compliances NOC.
3. Keep some part of the bank guarantee for next 2 to 3 year for any possible dispute arise between developer & society, may be arise due to inferior quality of construction work, ,amenities or any government due balance of the construction period or for doing construction.
**************************************************************************************************
QW/VV/221/14.12.2015
1) Our AGM is on 27th September 2015.
2) Committee has changed the Auditor for 14-15 .
3 ) Approval was taken for 'A' but got approved from 'B'.
3) Their are no. of anomalies in Balance/Sheet which Auditor also has also accepted .
4 ) Whether under such circumstances the agenda of approving the balance sheet can be discussed or firstly should i say the committee to take the opinion of Federation or Dy..Registrar on the subject matter
5 ) I need to follow Byelaws in this regard.
Answer By V.Viswanathan
1.First ask M.C to furnish Audit Rectification Report.
2.Check whether M.C.has follwed the RAR or not.
3.If not,don't approve any Audit Report.
4.File complaint at Deputy Registrar regarding non compliance of Statutory Audit Report.
**************************************************************************************************
QW/VV/222/17.12.2015
Whether Member can be expelled from membership due to misbehave and nuisance

Answer By V.Viswanathan
By giving member to clear his stand, in the G.B.Meeting, General Body can expell the said member U/S 35 of MCS Act.
But final decision can be taken by only the concern Deputy Registrar.
Please also check the whole provisions of section 35, whether the said member fit for expell under the the same section or not.
**************************************************************************************************
QW/VV/223/19.12.2015
Question . Is there any bye-law that bar relatives from being office bearers and signatories in bank account of CHS . Thanks
Answer By V.Viswanathan
No such restrictions
**************************************************************************************************
QW/VV/224/19.12.2015
Qestion:-
: Due to any reason, if any CA not able to deliver the audit report by 30th Sept., what can be done in AGM?
Is there any way to pass the Accounts and audit report after AGM?
Kindly guide.
Answer By V.Viswanathan
Accounts subject to audit to be approved with concerns and queries to be considerd by auditors in their report.
After the audit report is received, SGM can be called to approve the audited accounts
**************************************************************************************************
QW/VV/224/21.12.2015
My question is one of our society member having laminated share certificate in name of previous owner now he wants to transfer the same on his name since laminated certificate unable to add his name can we issue duplicate share certificate to him pls guide us.
Answer By V.Viswanathan
Please take original laminated share certificate in M.C . possession alongwith undertaking on stamp paper from the original member for surrendering original share certificate with reason willingly & application for duplicate share certificate and after passing the Resolution in M.C.meeting for the same effect, duplicate share certificate can be issued.
**************************************************************************************************
QW/VV/225/21.12.2015
We have arranged AGM on 25 sep. Quorum was not there.now once again arranged on 03rd Oct.if once again quorum not there. What next. Pl suggest.
Urgent. Pl reply
Answer By V.Viswanathan
Instead of postponement of AGM in lack of qurom
You should have to wait for next 30 minutes & then AGM should have been concluded with present members.
**************************************************************************************************
QW/VV/226/22.12.2015
We have arranged AGM on 25 sep. Quorum was not there.now once again arranged on 03rd Oct.if once again quorum not there. What next. Pl suggest.
Urgent. Pl reply
Answer By V.Viswanathan
Yes Sir.
You should mention the same in the Agenda.
**************************************************************************************************
QW/VV/227/22.12.2015
It is a practise to write in the agenda itself
Should there be no quorum till the appointed time meeting shall be adjourned till and will be held on same place, same day whether there is quorum or no quorum time gap of 30 minutes from scheduled time
Answer By V.Viswanathan
You should mention the same in the Agenda.
**************************************************************************************************
QW/VV/228/22.12.2015
Rajesh Nambiar : It is a practise to write in the agenda itself
Should there be no quorum till the appointed time meeting shall be adjourned till ----- and will be held on ----- same place, same day whether there is quorum or no quorum
time gap of 30 minutes from scheduled time
Answer By V.Viswanathan
You should mention the same in the Agenda.
**************************************************************************************************
QW/VV/229/25.12.2015
Question: from one of the member from chembur Group:
Builder has handover possesion of the new bulinding after redevelopment. What documents/papers Society has to demand from the Builder n what is the procedure
to follow.
Answer By V.Viswanathan
1.Ask him to
Furnish original Occupancy Certificate along with
Final sanctioned plan copy & fire compliances NOC.
2.Please don't forget to make physical reconciliation of sanctioned plan copy & fire compliances NOC.
3. Keep some part of the bank guarantee for next 2 to 3 year for any possible dispute arise between developer & society, may be arise due to inferior quality of construction work, ,amenities or any government due balance of the construction period or for doing construction.
**************************************************************************************************
QW/VV/230/25.12.2015
1) Our AGM is on 27th September 2015.
2) Committee has changed the Auditor for 14-15 .
3 ) Approval was taken for 'A' but got approved from 'B'.
3) Their are no. of anomalies in Balance/Sheet which Auditor also has also accepted .
4 ) Whether under such circumstances the agenda of approving the balance sheet can be discussed or firstly should i say the committee to take the opinion of Federation or Dy..Registrar on the subject matter
5 ) I need to follow Byelaws in this regard.
Answer By V.Viswanathan
1.First ask M.C to furnish Audit Rectification Report.
2.Check whether M.C.has follwed the RAR or not.
3.If not,don't approve any Audit Report.
4.File complaint at Deputy Registrar regarding non compliance of Statutory Audit Report.
**************************************************************************************************
QW/VV/231/25.12.2015
Whether now the suspended MC CAN challenge the above said order? Under sec 22 (2)of the MC Act.
Ans:
As the D.J.R.has ordered status quo, the MC which was suspended by the Dy. Registrar gets reinstated during subsistence of the DJR order. The committee can file appeal against the order under Section 22 (2).
**************************************************************************************************
QW/VV/232/26.12.2015
Will seek your guidance over membership in society for HUF.
One of d flats in our society has recently been bought by HUF in resale.
Their membership application is pending with our society' s committee. I've heard in past that HUF can't be taken in as member, hence want to b sure. Pl note its 20 yr old mhada soc. Buyer (huf) has got d flat transferred in his name from mhada. Pl advise.
Answer By V.Viswanathan
Under MCS Act provision of eligibility for Membership,
HUF are not eligible to be members of the CHS.
**************************************************************************************************
QW/VV/233/26.12.2015
In the month Jan 2013 AGM approved amount for Painting of Rs. V1.25 out of which 1 crore was collected from members and balance was to be used from R & M fund. Actual expense was 1.05 cr. only. Rs. 5 lacs was out of society fund. In year 2013-14 the work got completed. Whole amount was collected and paid out of it. In last AGM the accounts approved. Now few members want refund vide allocating part of expenses from Repair and maintenance fund. In other words refund of Repair and maintenance fund. Does AGM is having power to refund.?
Answer By V.Viswanathan
The General body is the Supreme authority to decide on any matter within the provisions of Act, Rules and bye-laws. The contribution is received from members as per general body estimating it to be Rs.1.25crores and you had decided to spend Rs.25 lakhamshi from R&D and Rs.1 crores by contribution. Now let u have saved Rs.20 Lakhs. This can be treated as savings from extra contribution taken for major repairs and accordingly, you may refund to members. There is no restrictions to refund such extra contribution
**************************************************************************************************
QW/VV/234/28.12.2015
i have lots of problems
main builder gave ua flat after resevelopment in 2010 but not yet given OC.last soo many yrs hw was paying maintainence for existing ones and new members paid for 2/3 yrs.and we all expected that by this time we wil get OC.but now he has stopped paying maintainece and asked us to do all expensesfor r society.light bill security water bills property tax.bla bla all we have to pay. please suggest us how to start. He is not picking up r calls nor repling to ur msg.If we go and ait in his office .He is not available.any solution for that
Answer By V.Viswanathan
As per recent judgement of the consumer forum the builder is under obligation to pay taxes etc. Until he executes conveyance in favor of the Society. builders failure to furnish OC amounts to deficiency in service under the CP Act. Get legal notice issued and if he doesn't respond file complaint before the Cons forum.
**************************************************************************************************
QW/VV/235/28.12.2015
With new rules by government Of maharashtra for co op. Societies, is it necessary to start election process six months before the end of the present MC tenure ?
Is it applicable to small ( 18 ) societies ?
Answer By V.Viswanathan
It is compulsory from 14.2.2013 to get the election to office bearers, committee and fill up the casual vacancies by an officer appointed by state coop election authority.
It is the duty of the committee to inform the registrar of coop societies 6 months prior to the expiry of term the committee to conduct election by submitting E-2 form about the number of committee members to be elected and E'-3 Form about the voter list
**************************************************************************************************
QW/VV/236/28.12.2015
Was it compulsory in 2010 also to inform D.R . regarding completion of election tenure period before six months?
Vimal Jain
Answer By V.Viswanathan
No it become compulsory from 14.2.2013 but actually started implementation from sept-2014 after the election rules were notified. Prior to that the election was supposed to be done by society and file M-20 bond with registrar within 45 days of assuming office till 6..09.2012. Thereafter M-20 bond is removed
**************************************************************************************************
QW/VV/237/29.12.2015
If AGM not completed before 30th September then can
1. Society get permission from Registrar for exemption and take time.
2. Society on its own decide date for next AGM
3.. What recourse do the members have in such a case.
4. Can the office bearers be held responsible for the delay.
5. What action can be taken by the members against the committee or the committee members.
Answer By V.Viswanathan
AGM held after 30 Sept without informing the Registrar is illegal. MCS ACT does not provide for post facto approval. Next AGM should be held after due submission of voters list and request the Registrar to appoint election officer to conduct election.
Undoubtedly the Office Bearers are at fault and liable for punishment under the Act. But complaining against them
May make things more complicated.
**************************************************************************************************

HOME • ABOUT VTHF • SERVICES • DOWNLOADS • FORUM • NEWSLETTER • FAQS • CAREER • CONTACT