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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.
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.
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QW/VV/238/02.01.2016
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
You need to adopt new bye laws whether or not you take action against these brothers.
After adopting new bye laws all the effects of new bye laws will happen that increase in MC capacity.
There is also a procedure to follow before declaring any one inactive under new bye laws. You have to follow the procedure like issuing notices to them etc.
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QW/VV/239/02.01.2016
The query is for amalgamation of flats should both flats be in same name?
What are the modalities pertaining to the same?
Please suggest some case laws on the said topic to oppose amalgamation.
Ans Veeraiah Gupta
Reply for query relating to amalgamation of flats:
Amalgamation of flats is being done by the builders un officially and without BMC clearance.
amalgamation of two flats may be regarded as structural alteration.
Strictly speaking it is illegal.
No case law on the topic to the best of my knowledge.
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QW/VV/230/02.01.2016
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.
Ans Veeraiah Gupta
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.
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QW/VV/231/07.01.2016
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
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QW/VV/232/07.01.2016
Our Society hv not submitted financial accounts for last 2 years. Several time we hv ask them to conduct the AGM, but no response. What to do? Saiswami CHSL, Thakurli.
Answer By V.Viswanathan
You have to file a complaint to registrar. After 15 days file an RTI Demanding status of your complaint and action taken report. You will get necessary solutions
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QW/VV/233/07.01.2016
As discussed please find the details
One flat owner complained about falling off ceiling plaster from the beam which had spread to other part of the ceiling. He has mentioned that as per clause 160 of bye law the cost of repairs to this has to be borne by the society.
Kindly let us know the legal aspects of this complaint and if the society has to bear the charges of repairs inside the flat. Conveyance deed not done to the society so far.
Please respond on above query...
Answer By V.Viswanathan
As per Bye-law 160, ceiling and roof has to be repaired by society which means outside the flat and not inside the flat. If society decides to do all ceilings at the time of major repairs ok. But cannot decide for one member ceiling inside.
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QW/VV/234/10.01.2016
This query is for amenities plot...
Does the Builder have the right to keep the amenities plot on his name even after the society is formed.Does the revenue generated from the amenites plot -ie : given to hospital on rent beong to only the builder or the society has a right over it?
Answer By V.Viswanathan
Any constructed portion, which has not been incorporated into FSI & easily accessible through a common passage for all members, , belongs to the society. Developer couldn't keep such area under his ownership or could let the same area on rent basis to anybody.
As per the deemed conveyance society become the owner of the whole land area.
If you haven't got deemed conveyance, please get it for society interest.
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Q QW/VV/235/10.01.2016
This query is for amenities plot...
Does the Builder have the right to keep the amenities plot on his name even after the society is formed.Does the revenue generated from the amenites plot -ie : given to hospital on rent beong to only the builder or the society has a right over it?
Answer By V.Viswanathan
Any constructed portion, which has not been incorporated into FSI & easily accessible through a common passage for all members, , belongs to the society. Developer couldn't keep such area under his ownership or could let the same area on rent basis to anybody.
As per the deemed conveyance society become the owner of the whole land area.
If you haven't got deemed conveyance, please get it for society interest.
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QW/VV/236/10.01.2016
If in case any of the office bearers resigns or falls out on compassionate grounds can any body from within the managing commitee take over for ashort period ie one year left for fresh election.
Answer By V.Viswanathan
If any casual vacancy arises or any changes in the designation of office bearers even for a short perod need to be done through the election authority only as per amendment done in MCS act, 1960
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QW/VV/237/16.01.2016
Does MHADA conducts a structural audit of cessed buildings in city.
Answer By V.Viswanathan
Yes
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QW/VV/238/16.01.2016
Dear Ramesh sir, there is no change in our committee members since last almost 6 years, now the past Secretary is keeping both the post, post of chairman and Secretary, how can it be possible, what the by laws says
Answer By V.Viswanathan
As per MCS act?1960, election has to be held once in five years, Two posts cannot be given to one committee member
So, your are advised to file a complaint to deputy registrar who shall appoint an authorised officer to manage the affairs of the society till election is held and handover the management to newly elected committee
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QW/VV/239/16.01.2016
If the AGM not completed b4 30th Sep, is it penalised to Society or Committee members??
Question from one of the committee member
Answer By V.Viswanathan
If the AGM is not held before 30th September, the society need to inform the registrar who shall appoint an authorised officer to conduct the AGM and fees of officer need to be paid by society. If members complain and wants committee to be penalised, Rs.5000 penalty may be levied , committee can be disqualified for five years from contesting elections and dismiss the committee also.
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QW/VV/240/20.01.2016
Dear prakashji can the 3rd co owner on the basis of a simple letter of consent given by the 1 st co owner ( staying abroad) vote in the MC elections without becoming an associate member. Form 5 not given Rs 100 not remitted. In short he has not applied for associate membership. Ramesh ji had said NO but I had not mentioned being a co owner his name is mentioned on the share certificate.
Answer By V.Viswanathan
Pls note that once the name appears in the share certificate as second or third shareholders along with first share holder, all 2nd, 3rd share holders are considered as associate members whether they have filled the form or not or whether they have paid entrance fees of Rs.100/- or not. In such cases, to attend AGM or general meeting and vote by such associate member no consent from first member is also required
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QW/VV/241/20.01.2016
Good Morning: can a Model Bye law as available in book form be modified by insertion / elaboration of clauses ?
Answer By V.Viswanathan
Yes. You may change the clauses of new model bye-laws by stating provisions in new model bye-laws, new provision the society wants to add, replace or delete and reasons and justification for the same.
In the normal couse, registrar would not accept any changes beyond model bye-laws as it is approved by commissioner and beyond provisions of Act, Rules and GR, circulars issued from time to time. Before rejecting any amendment a hearing will be conducted and the society should present the case properly to get the approval from registrar.
If registrar rejects, an appeal can be filed before Divisional joint registrar y/s 152 of MCS act and
If joint registrar rejects appeal, a revision of an appeal before Divisional he joint registrar can be filed before Hon'ble coop minister.
If rejected by minister, a writ can be filed before Hon'ble High court against the minister order.
Then you can also move before Hon'ble supreme Court by filing a special leave petition against High court order, if you are convinced that amendment I the bye-laws are legitimate and model bye-laws cannot be Imposed on the societies. As the heading itself speaks it is a model or guidelines to societies given while preparing new bye-laws
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QW/VV/242/20.01.2016
Can a Society collect say ₹ 200 per month for celebration of cultural festivals in monthly invoice ?
Answer By V.Viswanathan
Any contribution for common get together and social functions by taking majority decision can be collected from members.
I would suggest, while fixing service charges we estimate expenses like electricity; security, salaries of manager; house keeping etc, you have to estimate yearly budget for social functions and collect it as a part of service charges without a separate head. The controversy like I m not attending functions and should not be collected from our bill etc gets reduced. The expenses for social functions can be approved by General. Body.
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QW/VV/243/25.01.2016
Gm
My soc.failed to take AGM
No audit last 3 years
Today I am writing to dy.reg
U/s 75(5)for disqualification,
Is it d correct process?
Answer By V.Viswanathan
Yes
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QW/VV/244/25.01.2016
What if CA audited any CHS for consictive 3 years?
Answer By V.Viswanathan
As per section 81 of MCS act , effective from 14.2.2013, the panel auditors , can audit consecutive for 3 yrs
Even, if Bye-law provides two years, the same auditor can audit for 3 yrs as the MCS act supersedes bye-laws. As per supreme Court, bye law does not have force of law
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QW/VV/245/25.01.2016
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
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QW/VV/246/01.02.2016
Dear prakashji can the 3rd co owner on the basis of a simple letter of consent given by the 1 st co owner ( staying abroad) vote in the MC elections without becoming an associate member. Form 5 not given Rs 100 not remitted. In short he has not applied for associate membership. Ramesh ji had said NO but I had not mentioned being a co owner his name is mentioned on the share certificate.
Answer By V.Viswanathan
Pls note that once the name appears in the share certificate as second or third shareholders along with first share holder, all 2nd, 3rd share holders are considered as associate members whether they have filled the form or not or whether they have paid entrance fees of Rs.100/- or not. In such cases, to attend AGM or general meeting and vote by such associate member no consent from first member is also required
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QW/VV/247/01.02.2016
Good Morning: can a Model Bye law as available in book form be modified by insertion / elaboration of clauses ?
Answer By V.Viswanathan
Yes. You may change the clauses of new model bye-laws by stating provisions in new model bye-laws, new provision the society wants to add, replace or delete and reasons and justification for the same.
In the normal couse, registrar would not accept any changes beyond model bye-laws as it is approved by commissioner and beyond provisions of Act, Rules and GR, circulars issued from time to time. Before rejecting any amendment a hearing will be conducted and the society should present the case properly to get the approval from registrar.
If registrar rejects, an appeal can be filed before Divisional joint registrar y/s 152 of MCS act and
If joint registrar rejects appeal, a revision of an appeal before Divisional he joint registrar can be filed before Hon'ble coop minister.
If rejected by minister, a writ can be filed before Hon'ble High court against the minister order.
Then you can also move before Hon'ble supreme Court by filing a special leave petition against High court order, if you are convinced that amendment I the bye-laws are legitimate and model bye-laws cannot be Imposed on the societies. As the heading itself speaks it is a model or guidelines to societies given while preparing new bye-laws
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QW/VV/248/01.02.2016
Can a Society collect say ₹ 200 per month for celebration of cultural festivals in monthly invoice ?
Answer By V.Viswanathan
Any contribution for common get together and social functions by taking majority decision can be collected from members.
I would suggest, while fixing service charges we estimate expenses like electricity; security, salaries of manager; house keeping etc, you have to estimate yearly budget for social functions and collect it as a part of service charges without a separate head. The controversy like I m not attending functions and should not be collected from our bill etc gets reduced. The expenses for social functions can be approved by General. Body.
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QW/VV/249/03.02.2016
My soc.failed to take AGM
No audit last 3 years
Today I am writing to dy.reg
U/s 75(5)for disqualification,
Is it d correct process?
Answer By V.Viswanathan
Yes
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QW/VV/250/03.02.2016
What if CA audited any CHS for consictive 3 years?
Answer By V.Viswanathan
As per section 81 of MCS act , effective from 14.2.2013, the panel auditors , can audit consecutive for 3 yrs
Even, if Bye-law provides two years, the same auditor can audit for 3 yrs as the MCS act supersedes bye-laws. As per supreme Court, bye law does not have force of law
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QW/VV/251/03.02.2016
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
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QW/VV/252/05.02.2016
Mr Sir
Can a society by passing a resolution in the AGM change the by-laws and reduce the notice period given for the AGM to 10 days (as per the MC Act it is 14 days)
Is it legal?
What action should the minority members take?
Answer By V.Viswanathan
As per The MCS Act it is compulsory for M.C.to circulate AGM Agenda copy before clear 14 days of the AGM date.
General Body can't pass any resolution which over ruled the MCS Act in any matter.
If the are trying to do so, please file complaint in this regard at the office of your local Deputy Registrar.
Even one Member is enough to file complaint.
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QW/VV/253/03.02.2016
Can a society stop falt owners from renting /lease to bachelors in the societies after approving it in the AGM....
or marital status of a person cannot be a reason for not allowing him to take a flat on rent in the society. ?
Answer By V.Viswanathan.
Society can't deny to let flat owner to give his flat/shops on rental basis on Religion/Cast/Gender/Married/Unmarried/vegetarian/Non vegetarian basis.
It is the duty of flat/shop owner to make registered agreement, police verification, Nominal Membership Application and he has handover the same documents to the M.C. before giving physical possession of his flat/shop.
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QW/VV/254/07.02.2016
If in case any of the office bearers resigns or falls out on compassionate grounds can any body from within the managing commitee take over for ashort period ie one year left for fresh election.
Answer By V.Viswanathan
If any casual vacancy arises or any changes in the designation of office bearers even for a short perod need to be done through the election authority only as per amendment done in MCS act, 1960
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What is the recourse available
if it is denied by MC. Renting out to bachelors
Answer by Vimal
File complaint at concerned Deputy Registrar of Co operative society.
He will direct M.C.to let flats on Rent Basis to the Bachelor.
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QW/VV/255/07.02.2016
Dear sir
As our committee has 1 years left in his 5 years tenure, than also we have to adopt new bye laws,
If we accepting new bye laws we have to make new election as per law?
Answer By V.Viswanathan
Since the term of committee is five years, you will continue till the expiry of the term. By adopting new bye laws, you need not conduct elections before the expiry of the full term of 5 years. New Bye-law has to be adopted as there are many changes in the coop act, rules and election procedure as per Mah coop societies (election to commitee) Rules, 2014
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QW/VV/256/07.02.2016
The query is for amalgamation of flats should both flats be in same name?
What are the modalities pertaining to the same?
Please suggest some case laws on the said topic to oppose amalgamation.
Ans Veeraiah Gupta
Reply for query relating to amalgamation of flats:
Amalgamation of flats is being done by the builders un officially and without BMC clearance.
amalgamation of two flats may be regarded as structural alteration.
Strictly speaking it is illegal.
No case law on the topic to the best of my knowledge.
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QW/VV/257/07.02.2016
Sirji, whether a person who is admitted as a Member on d basis of Nomination is eligible to contest Socy. Election. 2) Whether such member can nominate someone. 3) A member has 3 flats in his name. But in one flat, his wife has jointly purchased d flat. Whether this woman and also her husband contest in d election. Wife from the flat where she is going owner nj thus Associate member. Whether wife has to obtain NOC from her husband to contest election.
Joint owner not "going owner". Pls correct it.
Answer By V.Viswanathan
1. Nominee is neither have any right to attend any G.B.Meeting nor he/she can contest M.C.election.
2.Nominee is a mere legal heir of the property after the sad demise of the original owner of the said property.
3.Wife can also contest the M.C.election as a joint owner of the said property with prior consent of the Husband whose name is reflecting as 1st owner of the property on the Share Certificate.
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QW/VV/258/07.02.2016
We are a newly registered Society under builder non cooperation route. We are 253 members and today is our First Constituted General Body Meeting. Please advise what rule applies while constituting the Provisional Committee. What should be the strength of this Privisional Committee. ? Is the 10/2/3 strength to be observed now or this can be followed when we conduct Elections after one year of Provisional Committee management.
Answer By V.Viswanathan
MCS Act's Rules &Regulations are applicable, same to both, Provisional committee and elected committee.
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QW/VV/259/10.02.2016
The query is for amalgamation of flats should both flats be in same name?
What are the modalities pertaining to the same?
Please suggest some case laws on the said topic to oppose amalgamation.
Answer By V.Viswanathan
Reply for query relating to amalgamation of flats:
Amalgamation of flats is being done by the builders un officially and without BMC clearance.
amalgamation of two flats may be regarded as structural alteration.
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QW/VV/260/10.02.2016
was-After death of member, d Nominee is admitted as Member on d basis of the Nomination made by d deceased Member. Whether such member can contest election. Legally this person does not have stake in the property. Legal heir certificate is yet to be submitted to d Socy. After being admitted as Member, whether such person who was d Nominee of the deceased Member make nomination in favor of another person?
Answer By V.Viswanathan
1.Before transferring the Share Certificate it was duty of the M.C.to get Legal Heir certificate from the nominee
2.Now nominee has become the member of the society, so he can contest the M.C.election but first let him submit his Legal Heir Certificate or else any litigation issue may be raised by original owner's other Sons, Daughters & Spouse or don't allow him.
3.As M.C.has accepted Nominee as owner of the said property cum member of the society, he has right to make nomination if he succeeds to submit his legal heir certificate
4.If nominee fails to submit his Legal Heir Certificate within reasonable period, pass resolution to reverse original decision of transferring share certificate .
5.Minimum six months gap is required to pass above said new resolution to nullify 1st resolution of his membership.
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QW/VV/261/10.02.2016
A person purchased a resale flat at Kamothe after registration of society. Parkings were allotted by the builder. Is the builder still authorised to allot unallotted parking slot directly to the second purchaser?
Regards
Lt Dinesh Singh.
Answer By V.Viswanathan
1.Developer don't have right to allot car parking space at any stage.
Neither at the time of construction nor after completion of building.
2.Only M.C.has right in this regard.
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QW/VV/262/15.02.2016
In continuation to above parking query; I wish to know if a 25 year old Society with pending land conveyance can allot or rather ear mark parking places fir it's Members?
Answer By V.Viswanathan
1.With the permission of General Body and after passing Resolution for the same effect, M.C.can allot car parking space
accordingly.
2. There is no connection between pending conveyance & parking allotment.
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QW/VV/263/15.02.2016
ji, if the Assoc member has stake in the property, his name is second in d share cert, is he still reqd to fill up form 10-A, n submit d NOC frm d first named member.
Answer By V.Viswanathan
Yes. Noc from first member required to contest the election by the associate member in firm no.10-A is required to be given.
Who can call Special/Extra ordinary General Body meeting? Chairman or Secretory
Who can call Special/Extra ordinary General Body meeting? Chairman or Secretory.
Answer By V.Viswanathan
Either chairman, or majority of M.C.Members or 1/5 of General Body can call SGM.
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QW/VV/264/15.02.2016
Dear sir if a flat is in a joint name of a father and daughter but 1st name is of daughterand she has become Nri can she surrender her right and the name can be transfered to father's name though the bank loan is also being paid by father & share certificate is also in joint name Pl guide with regards
Answer By V.Viswanathan
After getting Bank's Loan Forclosure NOC, Daughter's consent & undertaking for indemnify society in this regard, M.C.can transfer Daughter's 50% share in the name of her father.
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QW/VV/265/15.02.2016
In our society we have club house facility like swimming pool,Gym.,Squash court etc. Out of 268 flats few members are using.
Society have Banquet hall. My question is society is taking rent for using Banquet hall by members and for other facilities like Gym. Swimming pool, Squash court they are not charging any fees.Maintenance of such amenities is paid by all members. Only few members are using.
How far it is correct? Is their any law that members using these should pay and from that income maintenance of this amenities should be done
Answer By V.Viswanathan
As per the MCS Act, every member has to pay maintenance charges for the common facilities/amenities available for the whole members in the area of the society.
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QW/VV/266/15.02.2016
Is there any charges that can be levied or collected by society in sale/transfer of flat other than transfer premium. Dear sir could anyone clear this doubt
Answer By V.Viswanathan
1 . Society can collect only Transferfees, Membership fees & Maintenance charges from the flat purchaser and nothing else.
2.If there is any balance due for the said flat, same has to be recovered from the old owner before transfering the flat in the name of the new owner in society record.
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QW/VV/267/18.02.2016
After the election a new comm is elected and ask the old comm to handover the documents lying at society office in presence of the all the new comm members.
The old comm is not responding. Pls suggest wat actions can be taken.
Answer By V.Viswanathan
Please don't accept any document randomly.
First let Old M.C.to prepare list of each & every document. Compare the list & actual document old M.C.is going to hand over to new M.C
Please keep copy of the list in possession of the new M.C for any future reference.
List of the documents should be acknowledged by both old & new M.C.Members.
If old M.C.is not ready to hand over all documents to new M.C. or ready to hand over without giving list of documents, please make complaint at concerned DR.
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QW/VV/268/18.02.2016
Dear Sir
If society wants to get deemed conveyance which has its own boundary on a common plot then in that case can society get individual deemed conveyance?
Answer By V.Viswanathan
Yes. It is advisable that you meet our legal team with prior appointment on 42551414/32 with documents like property cars, approved plan and copy of one agreement
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QW/VV/269/19.02.2016
Is there any charges that can be levied or collected by society in sale/transfer of flat other than transfer premium. Dear sir could anyone clear this doubt
Answer By V.Viswanathan
1 . Society can collect only Transferfees, Membership fees & Maintenance charges from the flat purchaser and nothing else.
2.If there is any balance due for the said flat, same has to be recovered from the old owner before transfering the flat in the name of the new owner in society record.
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QW/VV/270/24.02.2016
please help me understand whether a member who has not completed 2 years of membership in co-op society is allowed to contest elections in society and can he be made treasurer of society?? If it has appened, then what should he do, as he was unaware of such law?
Answer By V.Viswanathan
In case of CHS, from day one of becoming Member of the society,
Said member can contest M.C.election as well can be appointed treasure of the society.
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QW/VV/271/24.02.2016
If a person buy a flat under construction with 100% down payment in redevelopment building in February 2010. After 3 slap builder stop construction since April 2010. As per unregistered agreement building is supposed to complete in 2013. At present he is paying rent regularly to old. Tenant . but not giving proper response to New buyer. What is the remedy available with new tenant now
Answer By V.Viswanathan
1.If developer is not replying properly, flat buyer can knock the door of consumer forum.
2.In his agreement there must be a clause regarding tentative possession date.
He should high light this clause in consumer forum . Thus he could get some compensation for delayed possession.
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QW/VV/272/24.02.2016
Whether trf of 50% by daughter to father should be through registered Gift Deed or any other Instrument.
Answer By V.Viswanathan.
Sorry for replying little late.
1.Daughter can transfer her 50% share in the name of her father by executing Registered Gift Deed with appropriate payment of Stamp Duty accordingly.
2.No other documents require for transfering her share.
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QW/VV/273/24.02.2016
Are sweepers and watchmen employees of Society?
Answer By V.Viswanathan.
If they are engaged through a contractor for which money is paid to the Contractor then they are not employees of the Society; if they are paid salary directly by the Society they would be regarded as Society's employees.
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QW/VV/274/24.02.2016
Can a Society collect say ₹ 200 per month for celebration of cultural festivals in monthly invoice ?
Answer By V.Viswanathan
Any contribution for common get together and social functions by taking majority decision can be collected from members.
I would suggest, while fixing service charges we estimate expenses like electricity; security, salaries of manager; house keeping etc, you have to estimate yearly budget for social functions and collect it as a part of service charges without a separate head. The controversy like I m not attending functions and should not be collected from our bill etc gets reduced. The expenses for social functions can be approved by General. Body.
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QW/VV/275/24.02.2016
Dear sirs, we don't have the conveyance in the name of society. Without that can GB resolve to construct a badminton court and a ramp parking in the society.
Answer By V.Viswanathan
Yes. Once the society is registered, all the common areas are to be maintained and managed by registered cooperative Housing society. Society need not wait for conveyance to grant any facilities to its members
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QW/VV/276/25.02.2016
can u guide us reg auditor too. v have appointed auditor who is not empaneld in the last Agm held. v have written abt this to registrar with reminder but no response.
Answer By V.Viswanathan
You have done your job of informing registrar. Next time appoint a panel auditors.
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QW/VV/277/25.02.2016
Builder would like to know about the formation of co-operative society situated at kalina. How to apply & whom to approach as federation office is not providing proper information to the query
Vasant Heble : Dear Sir query received from one of the Kalina member
Pls reply on same
Answer By V.Viswanathan
Please file an application under RTI, asking required details at the office of the local or concerned Deputy Registrar of Co operative society as well as at the office of the Federation of Co operative society, Mumbai.
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QW/VV/278/02.03.2016
Vasant Heble : Builder would like to know about the formation of co-operative society situated at kalina. How to apply & whom to approach as federation office is not providing proper information to the query
Dear Sir query received from one of the Kalina member
Pls reply on same
Answer By V.Viswanathan
Please file an application under RTI, asking required details at the office of the local or concerned Deputy Registrar of Co operative society as well as at the office of the Federation of Co operative society, Mumbai.
Dear Sir,
we are aware of the RTI process if possible please let us the complete information & documents require & procedure about formation of Co-op HSG SOC.
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QW/VV/279/02.03.2016
Dear Sir,
I would like to know process of forming housing society and register it, where total number of members is 6(six).
I was told by someone that to form a housing society, minimum number of members should be 12. Is it so ?
What is other alternative ? Kindly guide me
Thanks - Dilip N Shinde
Answer By V.Viswanathan
Minimum members required to form the co op hsg society is 10 or 60% of flats sold in the building whichever is more.
We can get your society registered by getting special order issued by coop minister under section 157 of the Maharashtra cooperative societies Act, 1960.
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QW/VV/280/02.03.2016
1. How much maximum amount society can levy for entry to new occupant of resale flat for providing society membership ?
Answer By V.Viswanathan:
As per the government notification dated 9th August 2001 by the Govt of Maharashtra under section 79A of MCS act, coop hsg societies can charge transfer fees as may be decided by General body which shall be upto Rs. 25,000/-.
In other words, society can charge transfer fees not exceeding Rs.25000/- to transfer membership to new person who has purchased the flat on resale.
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QW/VV/281/05.03.2016
Can society charge for providing NOC for mortgage of resale flat ? If yes, maximum cost ?
Answer By V.Viswanathan:
No. Giving NOC for mortgage and other letters of residence etc are normal services to be given by the society. In case, society need to take a legal opinion before issuing g such NOC and by passing a resolution in the General body meeting such actual cost incurred may be recovered from such member as such legal opinion is taken execlusively to provide service to such members.
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QW/VV/282/08.03.2016
Hi Good Morning I am C.A. and my query is w.e.f. 01/06/2015 service tax has been amended. Have this ammendments were effected on maintain charges received to Co-op Society. ? And how? Kindly revert.
Answer By V.Viswanathan:
There is no change in servicetax law on or after 1 st june 2015 impacting service Tax implications of societies. Servicetax rate is enhanced from 12.36% to 14%..
For Housing societies, if monthly maintenance charges excluding property tax is less than Rs.5000/- , service tax is not applicable
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QW/VV/283/10.03.2016
In case of Commercial Complex exemption of Rs. 5,000 is not available. Its only for residential complex.
Answer By V.Viswanathan
Sir,
In case of Commercial Complex exemption of Rs. 5,000 is not available. Its only for residential complex
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QW/VV/284/10.03.2016
Can you pls inform when Service tax is payable by society? I.e within what timeframe?
Sir, whether service tax is payable within 7 days of receipt of maintenance charge or within 7 days from the month of receipt of charge. Request if this can be clarified.
Answer By V.Viswanathan
In case of society Service Tax shall be payable monthly by 6 of next month except in case of March month on 31st March.
Since point of taxation is the date of bill, whether the members pay the amount or not, the service tax included in the bill in a particular month should be deposited by 6th of the following month. Thus if some members do not pay maintenance charges, still society will be liable to pay service tax based on the billing date on accrual basis.
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QW/VV/285/14.03.2016
Hi regarding filing 101 against defaulters is there any limits or outstanding amount if exceed then only we can file against 101?
Answer By V.Viswanathan
No minimum or maximum amount. The managing committee may decide any amount and file cases of recovery u/s 101
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QW/VV/286/14.03.2016
Dear Ramesh Sir, under the byelaws a resident who wish to repair and renovate the flat needs the permission of the society to do so. Given the applicant is a defaulter, can the MC reject such application with clearly specifying the reason of default in payments. My reading is the byelaws doesn't explicitly define this aspect.
Answer By V.Viswanathan
The Govt of Maharashtra has issued an order dated 02.11.2002, advising registrar not to entertain any complaints of defaulters.
The said notification is uploaded on our website on ;
Www.housing.org
In your case, member has money to renovate but does not want to contribute outgoings of society can a strong reasons to state that application shall be considered only after clearing the society dues.
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QW/VV/287/14.03.2016
Hi can Treasurer act as an accountant?
Answer By V.Viswanathan
Section 64 of Maharashtra cooperative Societies Act, 1960 provides for distribution of funds of the society. Proviso to section 64 is as under:
"Provided further that a member may be paid remuneration on such scale as may be laid down by the bye-laws, for any services rendered by him to the society "
Pls note, if treasurer is the responsible person to maintain accounts. He can do it himself or by paid accountant. The accountant will be doing the accounts as directed by the treasurer. If the treasurer is authorised to write accounts on honorary basis. He can also write accounts for which society by passing resolution in the managing committee or General body can pay to the treasurer. Before becoming treasurer , he is a member of the society. The law provides for compensating to the member for any additional work done by them which otherwise would have been paid to an outsider.
Audit cannot be done by any commitee member. MCS act or Rules do not prohibit the member of the society to do the audit, if he is in the panel of auditors.
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QW/VV/288/14.03.2016
Hello.Good evening Sir. If a member of the society expired,nominee created by him/her can become the member of the society by obtaining the membership by way of Nomination and are known as trustee.This rule is applicable even if the nomination is created by the deseased member in the name of his/her blood relationship such as wife,son or daughter.And if such nominee wants to have the absolute ownership of the said flat for having it disposed off,they are also bound to have succession certificate or letter of administrator from the court of law to prove their eligibility to do so.Please advise.
Answer By V.Viswanathan
I agree with your views that nominees are only trustees of property till legal heirs are brought on record whether the nominee is blood relative or not.
The legal heirs can be brought on record in different ways:
(1) If there is WILL get the probate where applicable.
(2) Succession certificate from testimantory dept , if there is movable only or it includes immovable properties
(3) Letter of administration from testimantory dept for exclusively immovable property to manage and own
(4) Heirs hip certificate from the district court and registration of release deed in favour of the legal in white name it need to be transferred. Such release deed need to be compulsorily duly registered by paying applicable Stamp duty
(5) Executing gift deed duly stamped and registered in favour of legal heir
(6) An affidavit Cumbria indemnity Bond by all legal heirs in whose name property to be transferred , issue of public notice by society advocate inviting claims and objection as per registered bye-laws of society by taking no claim certificate from advocate and thereafter registering the release deed by paying applicable Stamp duty and registration of the same.
Merely by taking NOC from legal heirs by an affidavits without getting it registered will be a defective title and will invite litigation by legal heirs or property will not have free and marketable title
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QW/VV/289/14.03.2016
Hi Good Morning I am C.A. and my query is w.e.f. 01/06/2015 service tax has been amended. Have this ammendments were effected on maintain charges received to Co-op Society. ? And how? Kindly revert.
Answer By V.Viswanathan
There is no change in servicetax law on or after 1 st june 2015 impacting service Tax implications of societies. Servicetax rate is enhanced from 12.36% to 14%..
For Housing societies, if monthly maintenance charges excluding property tax is less than Rs.5000/- , service tax is not applicable
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QW/VV/290/14.03.2016
Hi Good Morning I am C.A. and my query is w.e.f. 01/06/2015 service tax has been amended. Have this ammendments were effected on maintain charges received to Co-op Society. ? And how? Kindly revert.
Answer By V.Viswanathan There is no change in servicetax law on or after 1 st june 2015 impacting service Tax implications of societies. Servicetax rate is enhanced from 12.36% to 14%..
For Housing societies, if monthly maintenance charges excluding property tax is less than Rs.5000/- , service tax is not applicable
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QW/VV/291/14.03.2016
Dear CA. Manish Gadia Ji,
In case of Commercial Complex exemption of Rs. 5,000 is not available. Its only for residential complex.
Answer By V.Viswanathan
Sir,
In case of Commercial Complex exemption of Rs. 5,000 is not available. Its only for residential complex
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QW/VV/292/18.03.2016
CA.Manishji: thanks for sharing info on service tax. Can you pls inform when Service tax is payable by society? I.e within what timeframe?
Sir, whether service tax is payable within 7 days of receipt of maintenance charge or within 7 days from the month of receipt of charge. Request if this can be clarified.
Answer By V.Viswanathan
In case of society Service Tax shall be payable monthly by 6 of next month except in case of March month on 31st March.
Since point of taxation is the date of bill, whether the members pay the amount or not, the service tax included in the bill in a particular month should be deposited by 6th of the following month. Thus if some members do not pay maintenance charges, still society will be liable to pay service tax based on the billing date on accrual basis.
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QW/VV/293/18.03.2016
Sir good evening.kindly guide that after cirulating AGM minutes to the society member,if any objection ìs to be taken regarding any point written in minutes... what is the time limit to submit letter to secretary after receiving minutes.dr r d singh thane.
Answer By V.Viswanathan
Within 15 days of circulation of draft minutes any members can give suggestion and objections as per new 2014 Bye-law no. 108 and old bye-laws no.109
Thereafter, the managing committee can consider such objection and modify minutes or reject such suggestion given by the members.
If any member is aggrieved of not including his suggesteions/ objections or challenging any resolutions or minutes can be done only in Cooperative court u/s 91 of Maharashtra cooperative Societies Act, 1960
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QW/VV/294/18.03.2016
Hi chairman of our society had two flats in the same society one of Flat he given on Rent but when the management committee ask him about that he always says that they are his relatives and or guest in our society we charge 5,000 for those who are given their flats on rental basis is there any provision to dealt with this please share.
Answer By V.Viswanathan
You have to take an indemnity Bond from the members when they keep any person on caretaker stating the relationship and how the are exited from charging g dues applicable to other members.
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QW/VV/295/20.03.2016
Sir
In this answer of yours point
No. 4 is not clearly understood by me.
What is legal Heirs hip certificate
Would appreciate a clarification please.
Answer By V.Viswanathan
In a coop hsg societies, on the demise of any members, such deceased members shares are transferred to legal heirs by taking affidavit and indeminity bonds from the legal heirs and completing formalities given in the bye -laws.
If there is a WILL it gets probated or succession certificate or letter of administration is taken in metropolitian area.
However places other than metropolitian areas, the family members have to apply to Tashildar or district court on the demise of any person as to who are the legal heirs to inherit the property The court after receiving the petition from any person declaring him or her along with others to declare them as legal heirs of the deceased person. Such order is known S legal heirs hip certificate
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QW/VV/296/20.03.2016
Sir
U have mentioned before a member stands disqualified if he is inactive
Can any member be actually declared inactive before April 2018.
5 AGMs wef 14/2/13 will be
2013,14,15,16,17. But the end of the financial year 31st March 2018 we have to inform within one month
Answer By V.Viswanathan
There are 3 conditions to declare a member as non active.
The condition of attending General body is one of the conditions which becomes operative as you say only after 2018.
Regarding irregular payment can be another reason and sale of flat or associate member is not having interest in the property etc can be the reason which becomes effective on the the date of approval of new bye-laws by the registrar.
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QW/VV/297/20.03.2016
We want your advice on the following mentioned points.
And for this ur advice is necessary.
1. IN our 19th AGM we had 9 points of agenda.
But without agenda GENERAL BODY forced chairman to resign.
Whether it is VALID or NOT.
Answer By V.Viswanathan
No person , managing cimmittee or General body can force any elected maanaging committee / office bearers to resign. It is the power vested with Registrar of the ward only after giving sufficient time and opportunities to put up his/her say mat remove the committee member / office bearer under section 77A of the MCS Act. So the Act of general body to force the chairman to resign is illegal and invalid. If he has resigned on such force, he can call back or withdraw his resignation by addressing letter to all members / committee and registrar
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QW/VV/298/25.03.2016
2. MR.SURVE resigned from chairmanship IN AGM.
According to our understanding MR.SURVE is continued to be a management committee member.
Subsequently GENERAL BODY appointed Mr.Vichare in replacement of Mr. SURVE as a new Management committee member in AGM...whether it is VALID OR NOT?
Answer By V.Viswanathan
The casual vacancy arises due to death, resignation etc can be filled only by conducting by election in the society by duly appointed election officer. Even changes in the office bearers also need to be done by the duly appointed election officer. Therefore, appoinyment/ co-option or election of another committee member in the general body without inviting the returning officer appointed by the State coop election authority or registrar is illegal and invalid. Pls inform this to the registrar who shall take necessary hearings in such a matter and give his verdict or take necessary action to rectify such illegal actions of the general body.
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QW/VV/299/25.03.2016
One of our senior management committee member called new committee member(Mr.Vichare) in one of Management committee meeting as an INVITEE MEMBER..
Does that new committee member (Mr.Vichare) has a voting right or not?
Ans: The MCS Act, 1960 provides for co-option of two expert directors who are members of the society or not to guide and give professional advice to the committee. Thus it is a valid to coopt such a senior member of the society as expert director. He does not have voting rights in the matter of election of the office bearers and also cannot become office bearers. He has a voting rights on all other regular resolutions or decision to be taken when the matter is put to vote like any other committee members
We have adopted modern bye-laws.
Answer By V.Viswanathan
Whether u have adopted the new model bye-laws or not, the answers given above are as per the Amended MCS act, 1960 and MCS Rules 1961.
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QW/V300/25.03.2016
If there is a change of members in managing committee, is it required to conduct election ? If not what procedure to be followed.
Answer By V.Viswanathan
Yes. Whenever any one committee members to be elected due to casual or entire committee to elected due to resignation of old committee or on account of expiry of the terms or even there is interchange of office bearers or election to the office bearers need to be done by the duly appointed election officer by the registrar.
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QW/VV/301/25.03.2016
Querry- in case of co op hsg society while filing itr 5 do we need to give details about audit under mcs act.....? If we don't then how due for filing of return Will be 30 Sept.....?
Answer By V.Viswanathan
Yes. U have to state that accounts are audited under another Act and then only the due date for filing return of income shall be 30th September
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QW/VV/350/07.07.2016
Plz help us vishwanathan sir..
I am one of the committee member of my society...one of the society member not yet paid the maintenance due since last few year...he had SM politics connection where no one want to take any legal action against him....now he want to settled down his due but does nt want to pay any interest or penalty charges......
For waiving any interest or penalty...is it we have to put this issue by calling SPL general meeting or we committee member has rgt to waive the interest....
plz reply sir
Answer by V. Viswanathan
I believe in one thing, a person becomes stronger more because the other person becomes weaker. Even if the concerned person is a MLA the law cannot be different for him. I know it's easy said than done. Now as per law you have to call a general body meeting and if the body agrees then you can waive interest not principle under any circumstances . But be ready that if general body agrees for him then why not for other members
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QW/VV/351/06.07.2016
Dear sir.incredible case
One good family rental party hv booked the flat through agent .
agreement done before 3 day of agreement date.key was handover to tenant by owner on agreement date as received deposit & pdc cheques.
Suddenly society office bearer comes to know from someone about nusence made by tenant in other society not give flat rent to that tenant.
Agent were not aware about nusence made by tenant in previous society.
On 29 th Owner orders to agent cancell the deal before residing.
Now tenant oppose to out of flat as spended expences made agreement .shifting . They says we hv not stayed one day or not done nusence here .its not our guilty before residing if owner want to cancell owner hv to pay all expenses which we hv spend in deal.
What is your opinion sir ? Should owner have to pay all expences of tenant to vacant the flat .
Pls reply
Answer by V. Viswanathan
Ideally the leave and licence agreement that is made should be read and interpreted properly . Normally there is notice period to be given by the either party. If such clause exist then better would be to follow that so that the licensee can be made to vacate the flat as per the terms of the agreement
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QW/VV/352/07.07.2016
Dear Sir, I have genuine problem of sepage problem from window wall. This happens only during rainy season. Water is moving to other wall. We have to keep bucket underneath dripping water. I had informed and submitted letter to society a year back. They came and saw themselves and said they will get it done. Now year passed and nothing has been done. Before monsoon I had informed them and said same they will get it done. I have been paying my society bills regularly. Need your views how this can be solved legally. Thanks n Regards
Answer by V. Viswanathan
Really a genuine problem. Presuming that you have sent letters to society and have a proof of it with proper acknowledgement, approach the deputy registrar with a complaint under section 78 of the act to remove the committee for inaction.
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QW/VV/353/07.07.2016
Hi our society one member has given general power of attorney to his brother name can through this power of attorney his brother is eligible for participating committee member or taking post of Secretary or chairman.or can he became member of our society. Please guide me.
Answer by V. Viswanathan
Power of attorney has no validity under the societies act. The person has to be a owner to be able to participat
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QW/VV/354/07.07.2016
I own a flat which has adjoining terrace , I am the second owner , the builder has alloted half terrace to the 1st owner (written on builders letter head)
Can I use the terrace or it is not legal ?
Answer by V. Viswanathan
If the terrace has access to it only from the flat which is owned by you then you can use it. If not then the right gets shifted to the society . Technically a open terrace cannot be sold as it is free of FSI
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QW/VV/355/02.07.2016
Sir, There is leakage in our flat in 1st floor and we suspect that it is because of flat above us on 2nd floor. The above flat is closed from several years. The society acting committee is unaware of whereabouts of owner. I raised a complaint to society.
Can the committee open up the closed flat directly ? Does it require police or municipality intervention ? Please advice on urgent basis. Thanks in advance
Answer by V. Viswanathan
Normally if there is leakage from the upper floor to the lower floor then the committee has to write a letter to the upper floor member upon getting a written information about the same from the affected member. However in the given case the upper floor flat is locked and no one knows the whereabouts of that member. Before that there should be a conclusive evidence that the leakage is not from any other place and therefore a circumstantial evidence that it is from the flat. The society have to approach the police , revenue department with proper application who in turn will depute their officers with two respectable witnesses break open the flat and arrest the leakage and later lock it. It's not as easy as said. Requires professional services.
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QW/VV/356/02.07.2016
Sir for increment in the watchmen / sweeper salary, can managing committee takes the approval from committee members on Whatts App,Phone calls ,Email if members are busy without conducting any managing committee meeting.
Answer by V. Viswanathan
A meeting means a get together of persons in person and deliberate face to face. Technically it would not be a meeting. A practical suggestion, not opinion, would be to circulate a resolution copy to all the committee members and take their respective signatures and keep the same on record . Later to be signed in the minutes book. This suggestion is good only in case of emergency and immediate decision making. Increment of salary is no emergency. Society may take a call at their own peril.
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QW/VV/357/07.07.2016
Please guide me for the following no 1 G .B.Meeting who can attend & ago is not no 2 what to do if anyone over write on the original documents share certificate stamp duty and registration name is out side person no 3 flat registered 20 years back flat. Owner residing abroad paying maintenance bill regularly except water. Bill he has not done nomination please let me know as secretary i want to update every members records with our society
Answer by V. Viswanathan
1. Only members can attend G body meeting. 2. Did not understand the question 3. Maintenance and water charges the member has to pay. As far nomination is concerned if he has not done it we as society does not have to do anything
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QW/VV/358/07.07.2016
If you possible please guide me In our society 2008- 2015 pending so one auditor audited 7 yrs auditor it's right as per co operative laws? and again same auditor for 15- 16? As per my knowledge same auditor not possible more than 3 yrs Please guide me our society doing correctly? 8 yrs same auditor
Answer by V. Viswanathan
As far as audit is concerned such cases are not defined or clarified in the act. I derive that if the audit for 7 years is done at one time with same date of audit
Report then it is taken as one year and therefore he can do audit for another two years . It is on the basis of reports. This is my personal opinion **************************************************************************************************
QW/VV/359/10.07.2016
Sir please sugest me.
election officer did not help us because of his personal other societies audit n accounting work so he is not takes election.
How to replace him?
Answer by V. Viswanathan
Better if you can take a letter from him expressing his inability to do it . If he doesn't do it you may complaint to SCEA, deputy registrar and DDR about the same
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QW/VV/360/10.07.2016
Registered Society & handed over by builder in October -2015. Whether to prepare Balance Sheet for 5 months & get it audited before 31.07.2016 ? OR as it's not completing full year, it can be audited with next F.Y. Balance Sheet ?
Answer by V. Viswanathan
Unlike companies act there is no provision in the MCS act to prepare financial accounts for more than 12 months . Under the MCS act it has to be done for five months for the first year in this case.
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QW/VV/362/17.07.2016
Dear Vishwanathan Sir,
We have registered few societies online at mahasahakar@maharashtra.gov.in & went to Dy. Registrar office, Vasai for verification. They kept registration details with them & informed us that they will inform us in few days after verification.
Only after verification, we will come to know whether any Auditor is appointed by Registrar.
My question is - suppose verification is not done in time, can these societies do audit thru Auditor appointed by Society (without generating order in his name, as order can be generated only after verification).
If answer is no the what is the solution.
Answer by V. Viswanathan
Your question is valid but alas I don't have a legally valid answer for it. However have a practical solution to it. Do the following
1. Write a letter to deputy registrar asking for the update on the application done by you with copy marked to district deputy registrar (DDR) and district special auditor (DSA) and also the commissioner of cooperation pune.
2. Another letter informing that since you update is given we are proceeding with the auditor so appointed by us in AGM with intention to comply with law.
That's all you can do.
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QW/VV/363/17.07.2016
Hello Mr.Vishwanathan
My query is as under:
Married Daughter is single owner of flat and nomination filed in her mother name. Now she want to transfer her flat in her mother's name. Let me know what is the procedure required to complete.
Further :
1) Whether documents need to registered?
2) Whether stamp duty is applicable?
3) Whether transfer fees is applicable.
4) Any more documents required from owner?
Answer by V. Viswanathan
Since daughter wants to transfer to mother then stamp duty will be required. If gift deed is to be made stamp duty would be 3% and registration fees 1%. Society transfer fees 500/- and premium is NIL
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QW/VV/364/17.07.2016
Please let me know in housing society if society working under administrator then administrator have right to take diwali bonus as a one month his remuneration.
Answer by V. Viswanathan
Bonus is applicable to only a person who is employed. Administrator is not an employee of the society but a person appointed because of trigger of a provisions of MCS act. Therefore he is not legally eligible for Diwali bonus. Just for information administrator concept is done away with as per the new MCS act
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QW/VV/365/17.07.2016
As per above news if society audit is not done n submitted before 31st July registration will be cancelled. Are we getting any extension???. will they really cancel registration if accounts not submitted before 31st July????.
Answer by V. Viswanathan
As per MCS act the audit has to be completed by 31/7 every year. In case the same is not done the managing committee may face penal action under section 146/147 of the act. Even though there is provision in the act to deregister the society, fortunately the registrar is not initiating action Atleast for this year . However be ready from next year onwards. There is no extension available as per provisions of the act
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QW/VV/366/17.07.2016
Sir our society is due for the election this year... V had sent the requisition to d registrar's office in the month of Jan and till date v haven't received and dates for d election.... our society has decided the AGM date so can v go ahead n get the elections done in d AGM....
Answer by V. Viswanathan
Elections has to be conducted only as per the new election rules as mentioned in the MCS act and not otherwise. The correct procedure for election is that each society has to fill in form E-2/E-3 online (compulsory ) Atleast six months prior to completion of their term and submit a copy to deputy registrar also (this is not compulsory). For doing online application your society should be registered online first. Once this is done the election officer would be appointed by the state cooperative election authority (SCEA) pune who in turn will authorise local deputy registrar who in turn sends a election officer. If you have done this procedure in Jan then write to SCEA in pune (address can be obtained on our website) and deputy registrar else complete the procedure and then complain
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QW/VV/367/17.07.2016
In case an office bearer has resigned, for how long will he have to continue if the society does not find replacement or keeps delaying the decision thru AGM.
Answer by V. Viswanathan
Technically the moment any office bearer has resigned the remaining committee has to intimate the deputy registrar and SCEA almost immediately. For replacement with new committee member please follow the same procedure of election as mentioned herein Elections has to be conducted only as per the new election rules as mentioned in the MCS act and not otherwise. The correct procedure for election is that each society has to fill in form E-2/E-3 online (compulsory ) Atleast six months prior to completion of their term and submit a copy to deputy registrar also (this is not compulsory). For doing online application your society should be registered online first. Once this is done the election officer would be appointed by the state cooperative election authority (SCEA) pune who in turn will authorise local deputy registrar who in turn sends a election officer.
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QW/VV/368/17.07.2016
Does associated member in CHS can be office bearer. I mean can he be part of managing committee or become Secretary/Teasurer/Chairman
Answer by V. Viswanathan
Yes, associate member can be an office bearer. However the definition of associate member has changed since 2013. It means that the person who's name stands second In the share certificate and his name should also be in the agreement.
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QW/VV/369/17.07.2016
Thank you for your reply. With this second question arise. Procedure to get the name on share certificate and on agreement?
Answer by V. Viswanathan
Pay the requisite stamp duty do the registration fill in the transfer forms and submit to society for stamp duty
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QW/VV/370/17.07.2016
Dear Sir
If a member sells his flat along with his stilt parking he purchased from bldr, for which the bldr given him a allotment letter only and not mentioned in the flat agreement, is right? If he has no right for sale to the new entrant, what about the ownership of parking after sale of flat. Kindly advise.
Answer by V. Viswanathan
Technically parking Cannot be sold . Builders do sell parking and gives such allotment letter to
Owner. Since the purchaser has no right over the parking he has no right to sell either . However practically one has to understand the issues and take a call.
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QW/VV/371/17.07.2016
What is the stamp duty if the name of blood relation or spouse is to be added as second person in agreement?
Answer by V. Viswanathan
The relations which enjoys reduction in stamp duty are husband, wife, son, daughter, grandson, granddaughter and wife of the deceased son are the only 7 relations which enjoys such benefit and that too only for residential property and agricultural land
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QW/VV/372/05.08.2016
Dear Viswanathan Sir, our treasurer has resigned the post in the month of April, 2016 and in his place we have appointed another person from managing committee. Now, issue arise that who will sign the account as approval. 1st treasurer is not signing the account for the year 2015-2016
Answer by V. Viswanathan
Firstly the society cannot appoint anyone in place of the treasurer it has to be as per election rules. Regarding the signature anyone who is the committee member / office bearer as on the date of signing the financials should sign. The responsibility of the accounts will be with the person who was in charge of it irrespective of the fact who has signed it
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QW/VV/373/05.08.2016
Dear sir one family interested to buy a flat in our society, they are born in India but originaly they are chinese they had aadhar card pan card n birth certificates of india .
Answer by V. Viswanathan
If they have indian citizenship and also PAN and Adhaar card then i find no reason for them to buy a flat . This should not be assumed as a legal opinion
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QW/VV/374/05.08.2016
Dear Vishwanathan Sir,
Question : Committee changed in June after election by DDR.
Who has to sign Balance Sheet for 2015-16, old committee or new committee ?
Answer by V. Viswanathan
The committee subsisting on the date of signing the balance sheet should sign it. It's a myth that if the new committee signs then they will be responsible for the deeds of the entire year even if they were not in committee. Every person is responsible only for the period for which he was in the committee and not a day more or less
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QW/VV/375/07.08.2016
Dear Vishwanathan sir,
Please find my reply to each of the question below
The vendor is charging 0.5% as SBC charges and 14% as service tax, 250 as professional tax, 400 for his margin + 1month salary Rs.7150 as a bonus ( which includes salary of 6500+400 his margin+ 250 professional tax) for an office staff hired ( outsourced) from him.
In bills Pan No., service reg No. and VAT TIN No. and CST TIN No. with effect from 7th Aug 2015 is mentioned.
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QW/VV/376/07.08.2016
1.what is SBC charge? Is it valid in this case?
Answer by V. Viswanathan
SBC is Swach Bharat cess and its correct.
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QW/VV/377/07.08.2016
Is service tax and other charges mentioned above is applicable for a society if the turn over of his company is less than 10,00,000
Answer by V. Viswanathan
Legally a person is required to charge, collect and pay service tax only after he crosses a turn over of 10 lakhs however he may even volunteer to pay it from rupee one .
For eg government company insists on service tax bills irrespective of the amount of Bill/ turnover.
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QW/VV/378/07.08.2016
Since the employee is not getting pf or other benefits from him. Can he charge professional tax from a society?
Answer by V. Viswanathan
PF and labour laws are nothing to do with professional tax. Annual professional tax to be paid is Rs.2500/-. Which the responsibility of the person employing labour has to deduct and pay from the employees salary. The contractee (society in this case ) has nothing to do with it. Therefore when you keep any contractor your deal should be clear as to what are you going to pay and what he is going to charge. Generally the professional tax are not reimbursed.
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QW/VV/379/07.08.2016
What all certificates society can demand from him against the payment made to him by the society(like service tax, SBC , PT...) and when(period) ?
Answer by V. Viswanathan
You can ask for his service tax number, professional tax number that's it
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QW/VV/380/08.08.2016
We have received a letter from district registrar thane,asking us to be in thame hsg fedn,s member.is it that we should be members of both taluka level n district level ?and to pay membership subscription to both?pl.reply.Richmond town 1chs Ltd.vasai w
Answer by V. Viswanathan
As per bye law no.6 every society has to become member of district / Taluka federation. Minimum anyone is required. Meanwhile request you to send the letter on our email id as its not clear vasaihousingfederation@gmail.com
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QW/VV/381/08.08.2016
Education Fund is to be paid in which bank and which account
Answer by V. Viswanathan
Education fund has to be collected Rs. 10/- per month per member and kept in your account. The government has appointed about 9 institutes who will conduct the training program to whom you have to pay the fund so collected
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QW/VV/382/08.08.2016
Sir my question is to issue duplicate society registration certificate because none of the member don't have even Xerox copy also. So what is the procedure and to whom we have to meet for this reason.
Answer by V. Viswanathan
Make a indemnity bond on Rs.200/- stamp paper and make an application for certified true copy with the deputy registrar CS, vasai
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QW/VV/383/08.08.2016
Sir, one of the member of our society has expired and has nominated his daughter for the said flat. The nominated daughter says that the original share certificate is not found anywhere. The society knows the nominated daughter as a legal heir of the said flat apart from the wife of the deceased member. Kindly suggest the process on behalf of the nominated daughter and the society to incorporate her name in a duplicate share certificate.
Answer by V. Viswanathan
I have answered similar questions umpteen number of times. Request you to go through the FAQs on our website
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QW/VV/384/08.08.2016
I have a question sir. One of our member has deceased and she had made her grand daughter the nominee. But the deceased daughter now says that her daughter will get married soon so she wants to get the flat transferred to her name. Can u tell me what all documents required to do so. Please suggest. Thanks
Answer by V. Viswanathan
Since the nomination is in the name of grand daughter therefore it has to be transferred in her name itself. After transferring in the name of the grand daughter it can be transferred in the name of the deceased's daughter that is the nominees mother. Alternatively a release deed between all the legal heir of the deceased including the nominee may be registered with sub registrar of assurances
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QW/VV/385/08.08.2016
One of the Member would like to add her husband's name in societies record. Kindly advise what are the documents prepared and any stamp duty involved in this matter and what would be the roll of the society.
Answer by V. Viswanathan
In normal course the stamp duty in case of gift between relatives in vasai Taluka would be 3% and 1% registration. However there is certain relaxation of stamp duty in certain cases. The relations which enjoys reduction in stamp duty are husband, wife, son, daughter, grandson, granddaughter and wife of the deceased son are the only 7 relations which enjoys such benefit and that too only for residential property and agricultural land. In the given case presuming it's a residential flat the stamp duty would be Rs.200/-
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QW/VV/386/08.08.2016
Thank you very much for the reply. Yes it is a residential flat in Vasai. For the said flat any registration is applicable.
Answer by V. Viswanathan
Yes registration fees in such cases are Rs. 500/-
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QW/VV/387/08.08.2016
Viswanathan sir , above problems chya babtit husband la sahyogi sabhasad procedure pramane karun ghevunhi nav record var gheta yeil ka, eka society ne sahyogi sabhasad karunghevun wife la record var ghetale aahe , pls inform
Answer by V. Viswanathan
Earlier associate member had a different meaning. Only by filling up form 7 and 10 A and by paying Rs. 100/- one was allowed to become associate member and thereby be a office bearer as well. Post the amendment to MCS act the associate member can be only those who's name stands Second in the agreement.
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QW/VV/388/09.08.2016
Sir is it mandatory that we have to call for AGM on or before 15th August as per recent the model bye laws?. Please clarify. Thanks lakshman
Answer by V. Viswanathan
After the amendment to the MCS act and the new model bye laws the last day of conducting AGM is 30/9. There will be no extension given now like the previous rule
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QW/VV/389/09.08.2016
We are in process of revising the name plates in society wing. Can we mentioned the name of spouse on society name plate in case of death of flat owner. Please also advise can shares cert can be transferred in the name of spouse.
Answer by V. Viswanathan
A person can become a member only after following all the required procedure. Upon death of a member proper procedure has to followed. We have mentioned the procedure many times in this group. Request you to go through our FAQs hosted on our website www.vasaihousingfederation.com
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QW/VV/390/09.08.2016
Sir,
Husband expired in May 2016 and wife is the nominee.she has made application to transfer flat in her name with two major daughters as nominees with50 %share each.what is the transfer procedure.
Has asked for death certificatte,pebble.transfer certificates,pan card copies.
Any other documents needed.placing for Mc approval and ratification inAGMPropsed in August2026.*kindly guide/advise correct procedures.Regards.??????
Answer by V. Viswanathan
Since the nomination was in the name of wife ideally the wife should have applied for membership. However here since the daughters have applied for the same, technically it will be incorrect to transfer the share
In their name. However for practical purposes if the society wants to help the family you may also insist on registered release deed in favour of the daughters. The following documents will be required which may be place before the MC or AGM and requisite resolution may be passed
1. Certified death certificate of member
2. Copy of nomination form
3. Indemnity bond by applicant clearly mentioning that the nomination was in the name of mother but the daughters are
Asking for transfer and they
Indemnify the society and office
Bearers
4. Affidavit by other legal heirs
5. Form 4 on Rs. 100/- stamp paper
6. Registered release deed
7. Membership fees of ?100/-
8. Other papers a mentioned by to prove that the relation with the deceased
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QW/VV/391/09.08.2016
Sir, my question it seems have been misunderstood.the wife has made the application for transfer.she now requests that her two daughters are to be made as nominees.
Answer by V. Viswanathan
If the transfer in the name of wife is done correctly (by following what I have explained above in point 1-8) then for nomination she has to fill in form no.14 nominating her daughters in what ever ratio she wants. Hope I have cleared your query
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QW/VV/392/09.08.2016
Dear Viswanathan Sir ,
Kindly advise weather society can charge transfer fees on gift deed document ... ( gift from son to mother or father) ???
Answer by V. Viswanathan
The society cannot charge transfer premium on account of gift of
Flat from son to mother or father
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QW/VV/393/09.08.2016
Registrar has appointed Auditor V H ASAWA N CO from Bhayander as a Auditor for our society. When we approached Auditor, He told that he is not interested in doing auditing work for our society. Please advise us now can we do auditing from our auditor appointed in last AGM. Please advise what action we should take now as this is delaying the process.
Answer by V. Viswanathan
Advise the auditor that in his and society interested the auditor should reply to society that he is not interested in audit. Once you get such letter or if you don't get such letter from auditor, the society should write to auditor asking him to audit and keep a proof such communication. Later such communication or the refusal letter auditor should be sent to DSA and DDR for record and later society may be their accounts audited from the auditor appointed in the AGM. This is the most practical solution I have even though there is no provision or answer to such cases in law as on now. Society may exercise their own right. Mine is only a suggestion please be noted
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QW/VV/394/09.08.2016
Dear Mr Viswanathan ,
Auditor Firm of our cooperative society asked us the following . Firm is auditing the society account since 5 years .
They are not able to upload the appointment letter. We have no login ID and password as such
"We require login ID and password of both the societies to know if the audits have been allotted to some other auditor .. If yes then no letter received from the new auditor so wat to do.. If no then can we upload the appointment letter and acceptance letter now and complete the audit for the year 2015-16.."
Answer by V. Viswanathan
By this time your society should have created a login ID for self. If not yet done, then enquire with the deputy registrar about the same. In order to show that all societies have created id sometimes the registrar would have created for your society. Still if not done then you may create now. You cannot upload any appointment letter now. In such cases for practical purposes get the audit done by the auditor whom your society has appointed in their general body. Technically as per law the auditor has to be changed after every 3 years. That's from the fourth year there has to be a new auditor
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Dear members with an objective to guide the members and general public the federation intends and request all the members in this group to add maximum persons to our whatsapp group. Please add new members by asking them to send request to Jitendra on +91 96-65-774229 or on +91 98-21-754316 or fill in the form of whatsapp alert on our website www.vasaihousingfederation.com. Full name, address, cell number and email id is the need. Please add maximum members
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QW/VV/395/09.08.2016
Question- in my society those member having garden flat they covered there garden with shed and started commercial activities without taking any NOC or permission from previous management committee, now i actully want to know , is this type if covering of garden with shed permitted as pee rule
Answer by V. Viswanathan
The so called garden area appears to be nothing but the compound area of society. (I need to see the approved plan only then I can comment) therefore using that and covering that is illegal
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QW/VV/412/01.09.2016
Is there a legally set minimum number of days to be given for payment of society dues (without attracting simple interest charges)?
For example, if bills are dated the 15th of the month and are distributed on or before that date, can the pay-by date be set as the 21st of the same month?
Bye-law 69 (Payment of the Society's Charges) seems to indicate that the payment period can be set by the managing committee.
Answer by V. Viswanathan
Yes the managing committee can decide the due date for payment of the bills. There is no legal number of days limit set as such in the law. The committee can take a call.
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QW/VV/413/01.09.2016
If the name stands second in agreement and share certificate, can such person attend AGM?
Answer by V. Viswanathan
Yes, provided the first person relinquishes his right in favour of second
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QW/VV/414/03.09.2016
Sir our treasure want to give resign can we appoint from our committee or have to call from Registerar officer pls suggest
Answer by V. Viswanathan
You have to make application to registrar and call his authorised personnel to fill in the casual vacancy. The government is in the process of making amendment to election rules to fill in causal vacancies
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QW/VV/415/03.09.2016
What are the rules for allotment of parking spaces and can the society fix deposit amount for allotment.. asking for deposit amount would it be as per provisions of law and does the Agm has the right for the same
Answer by V. Viswanathan
As per the new bye laws the parking provisions has been left at the decision of the general body. Even though nothing is clearly mentioned I am of an opinion that deposit should not be charged even if the general body agrees to it
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QW/VV/416/03.09.2016
I have a joint name with my wife in bye law where wife's name is 1st and my 2nd but the committee say cannot attend Metting what to do?
Answer by V. Viswanathan
Since your name is second you would become the associate member by filling up the required form and paying 100/-. Once it's done you can attend the meeting
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QW/VV/417/09.09.2016
Sirji in our bldg G+2 society want 2 make a washroom at open terrace can it possible to make pls inform sir
Answer by V. Viswanathan
Any construction / alteration / modification that needs to be done can be done only after obtaining the required permission from the planning authority. Secondly one can apply for permission only if he is the land owner. In case of society if the conveyance of land is done only then you can apply for the same. In short the 7/12 extract should be in your society's name to apply for any such permission else not allowed
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QW/VV/418/09.09.2016
How to remove committee member if he not attend any com. Meeting
Answer by V. Viswanathan
Any committee member who does not attend three consecutive committee members then he disqualifies to remain in the committee. However this needs to be confirmed by the deputy registrar. Prior to that once the committee member defaults then he should be given show cause notice and after he replies and choose not to reply appropriate resolution In the committee should be passed. After passing such resolution application in form M-18 should be made to registrar who will decide the fate of the committee member
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QW/VV/419/11.09.2016
Is Proxy allowed in comm. Meeting n Agm?
Answer by V. Viswanathan
Proxies has no place in MCS act. Be it committee or general body meeting its not allowed. Even power of attorney holder also not allowed
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QW/VV/420/11.09.2016
Is it possible to opt new chairman in com. meeting among the com. members at the time of old chairman given resignation. require quorum also not completed, many com. Members not attended that meeting. So this chairman is valid? Reply Plz
Answer by V. Viswanathan
Post the new MCS act w.e.f 14.2.13 and after the election rules of 11.9.14 all the election to managing committee has to be done by SCEA state cooperative election authority only. Co option procedure is not applicable even though government is working on the same. So the action of committee / your society is incorrect
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QW/VV/421/11.09.2016
Flat owner not intimate to the society regarding flat sale or for rental. After sale or rental flat owner given agreement to society that time what to do.
Answer by V. Viswanathan
Even though for sale of flat no NOC is required however if the owner sells the flat and later the purchaser applies for transfer with all the required papers then there should not be any issue in transferring the shares of the society. Unlike this for Rental the member has to inform the society Atleast 8 days prior to giving the flat on rent
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QW/VV/422/11.09.2016
At the time of meeting agm or com. Meeting .....except Flat owner -- his or her family member can attend both the meeting. N can participate in discussion also? Plz Reply
Answer by V. Viswanathan
Only members are allowed to attend meetings. No proxies, family members are allowed. Even power of attorney holders and authority letter does not work for society matters
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QW/VV/423/11.09.2016
Nomination form req any approval in com. Meeting or agm
Answer by V. Viswanathan
Either is ok.
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QW/VV/424/12.09.2016
In our recent AGM we increased flat transfer premium to Rs. 20,000/- lumpsum. But after AGM few members are objecting this resolution and asking to change it as they will be paying more per sq.
ft. as they own small flats in society and bigger flat owners will pay less per sq. ft. Is it possible to change AGM resolution? And secondly can we charge lumpsum transfer premium or it has to be per sq. ft only?
Answer by V. Viswanathan
Transfer premium as per the government circular cannot be charged more than 25000/-. The basis of calculation may be either per square feet or lumpsum as approved in the general body. If a resolution is passed in a properly conveyed meeting it cannot be changed for six months
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QW/VV/425/12.09.2016
Dear Sir, Can society charges any amount (decided in AGM) in form of non refundable deposits or voluntary donation from the flat owner who gives flat on rental basis ? If the resolution is approved in the AGM.
Answer by V. Viswanathan
Even though general body is the supreme body but it's not above the law. There is a circular of cooperation department that non occupancy charges ( for units given on rent) cannot be more than 10% of the maintenance. So you cannot charge any amount even if 100% members agrees
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QW/VV/426/16.09.2016
Can housing society accept voluntary donation ? Without Charity Commissioners Permission ?
Answer by V. Viswanathan
You must be aware that housing society is governed by MCS act and therefore the regulator is deputy / ASsitant registrar and not charity commissioner. Charity
Commissioner is the regulator for trust and association registered under the Maharashtra Public trust act 1950( state act for trust )and societies registration act 1860( central act for assoociation). Irrespective of that under MCS act there is no bar on purely voluntary donation. It may be accepted
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QW/VV/427/16.09.2016
If a society member has not cleared outstanding society bills but requests the society for documentation of the building for a bank loan, can the committee hold a condition of clearance of dues before providing the documentation or is the society legally bound to give the member a copy of the documents unconditionally.
Answer by V. Viswanathan
Payment of dues is governed by section 101 of the MCS act which is a DUTY of a member and obtaining documents is a RIGHT of member under section 32. Needless to say that both are independent and therefore he is right to receive documents even though he hasn't fulfilled his duties. Society can invoke section 101 to recover dues however cannot stall his right under 32.
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QW/VV/428/16.09.2016
Sir there is a leakage in my shop n the column n pillar shows severe dampness sometimes water seems visibly seeping in force, I had brought it to the notice of sec. n chairlady but they seem to play the blame game , I feel it's a serious issue cos any damage on the lower end could bring risk to the entire bldg, a letter too was issued but they seems to be no course of action now I am at the receivers end can u pls advice me my next move.
Answer by V. Viswanathan
Really risky. Best possible course of action
1. Draft a letter clearly mentioning all the committee members that in case of any eventuality would be liable under section 146/147 of the act.
2. Write to VVCMC about such incidents with proper proof and photos with all the letters that you would have written to society
3. Letter to deputy registrar asking her intervention into the matter as the committee has failed to take appropriate action
4. Before all the that get an independent report from a structural engineer clearly showing the nature of damage to the pillar / building
5. If no response from VVCMC and registrar(which is expected ) then file a RTI to both the department.
6. All letters mark cc to respective upto highest officer like for society matters cc should be to district deputy registrar, joint registrar, commissioner of cooperation. Also mark cc to us.
7. In this particular case persistent follow up and good paper work with proper proof of all the communication is the key.
8. If still nothing works approach cooperative court under section 91.
No doubt it would not be an easy solution and would be a long drawn case so all the best as that's how our system works. Please be assured that I am not discouraging you under any circumstances. In fact would try my level best to help you.
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QW/VV/429/16.09.2016
Dear Sir,
Suppose a society decided to hold AGM on 18 sept and on the day if the quorum is insufficuent, can we re-schedule such postponed meeting sometime in the first week in October.
Answer by V. Viswanathan
Generally is there is no quorum then the body can wait for half an hour and those present would be treated as quorum. However if the body wants for postpone it then it should be done beyond 7 days of the original meeting but not later than 30 days. In this case beyond 25/9 and not later than 17/10
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QW/VV/430/17.09.2016
Is it mandatory for the society to distribute the copies of minutes of the last AGM amongst the members because the society has to approve the minutes of last AGM in this AGM.
Answer by V. Viswanathan
It is mandatory for the society to distribute the minutes of all the general body meeting within 3 months from the completion of the general body meeting
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QW/VV/431/17.09.2016
One of my friend who was the chairman of a society had resigned last April 2016
His resignation was not accepted during that period but they appointed a new chairman without proper intimation to the do. Registrars office. Now the society is going to conduct their agm next Sunday. Can my friend attend the agm as a normal member or still he is considered as a part of the committee. He has not attending any committee meeting since.April 2016 till date.
Answer by V. Viswanathan
Any resignation done by any committee member should be accepted and he should be properly relieved of his duties. However the moment another person is appointed as chairman then your early chairman would be presumed to be relieved of this duties . Even though such appointment in AGM is incorrect . It should be done through election authority only. The resigned member need not attend committee meeting but can attend all general body meeting
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QW/VV/432/17.09.2016
Can a society with the majority of the members consent give notice for AGM less than the prescribed no of days say,instead of 14 days they want to give one week's notice as they have to conduct AGM before 30 th of September 2016.If this is not possible then what is the way out?Thanks and regards,TVS RAGHAVAN
Answer by V. Viswanathan
14 days is the requirement in the act and therefore cannot be reduced under any circumstances
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QW/VV/433/17.09.2016
I am staying in the co-op hsg. society constructed in 1963. The structural audit of the society was carried out in March 2016. Whether we can utilise the funds in the sinking fund for carrying out the repairs as advised in the structural audit report? And the permission of any Govt., Co-op society authority is required for the same. Please guide about the procedure. SANJAY N.
Answer by V. Viswanathan
Sinking fund and repair fund can be utilised for repairs. As per new bye laws now only an intimation to registrar is required no specific permission is required to be taken
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QW/VV/434/17.09.2016
Sir, housing society ne rep. Kame kartana kiti rs che pudhil kama sathi , tender kinva quotations magvili pahijet
Answer by V. Viswanathan
Depending on the number of members the maximum amount beyond which general body permission is required to spend is 100000/- . I suggest beyond this amount the society should have a general practice of calling for tender
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QW/VV/435/17.09.2016
Sir if the notice of AGM is put on notice board eleven days prior the date of AGM what action can be taken by the society member's against the committee and if the AGM is kept on working day's sir please guide us
Answer by V. Viswanathan
Even though there is no bar on keeping AGM working day, best practice to show that the managing committee is fair it should be kept on a weekend or holiday. AGM always requires 14 clear days notice. Means the date of notice and day of AGM should be excluded and in between 14 days is must and notice should be given to all members along with audited financial accounts. If not done write to committee and later to registrar
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QW/VV/436/17.09.2016
Sir still our balance sheet not completed and don't think before 30th we can and is there any extension possible? Please advise
Answer by V. Viswanathan
No extension now as per new bye law. Technically if the society could not conduct the meeting before 30/9 then they have to call the registrar to ask the authorised officer to do so. However practically I would suggest that if there is no complaint just conduct the AGM after 30.9 too. Objective is to show that we have conducted it even though belatedly
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QW/VV/437/18.09.2016
Related to above question existing comitee resigned after completion of 5 years in AGM held in Aug.10 2014.. New comitee formed and took charge from 1 st sept.2014 .Now is it necessary/ compulsion to take election? Comitee members chosen unopposed
Answer by V. Viswanathan
If the committee so elected on 1.9.14 was done by following due process then the next election due would be only in 2019 not before that
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QW/VV/438/18.09.2016
Is there any condition that builder will register the society in case minimum 60% flats are registered/ sold after OC ? Or post OC he has to register the CHS?
Please confirm. .
Answer by V. Viswanathan
The duty is casted on builder to form the society once 60% of the total units is sold. The registration should be done within 4 months from the date of sale of the 60th percent. OC there or not is irrelevant
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QW/VV/438/18.09.2016
Can we do correction in AGM minute book, which is passed in AGM meeting ?
Answer by V. Viswanathan
Genuine mistakes and typo error can be done but not to change the meaning of the entire resolution all together
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QW/VV/439/18.09.2016
In register society; members are not ready to take society in hand due to builder not giving relevant document what is provision available in such condition
Answer by V. Viswanathan
Handing over of documents is under MOFA and registration is society is under MCS act . Both are not connected. Most people including builder makes you believ that once the society is registered then the builder is free from all liabilities. That's incorrect. He is liable under mofa .
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QW/VV/440/22.09.2016
Can we increase committee members ? We have 138 units and 13 committee members. Can we increase it to 15?
Answer by V. Viswanathan
Strength of managing Committee has to be strictly as per bye law no.115. Nothing less. Nothing more either
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QW/VV/441/22.09.2016
Without approval of AGM; auditor was appointed by Managing committee and still audit is passed is it acceptable? What is Bay Laws?(Auditor is not in panel on DDR)
Answer by V. Viswanathan
Auditors have to be appointed in AGM only. However in case the same in appointed by managing committee and ratified by the general body in their meeting then I don't find any reason that it's incorrect . However is the auditor is not in the panel of list maintained by DDR then it's an invalid audit
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QW/VV/442/23.09.2016
Sir. One of flat owner of our society expired ...the name on agreement has two names ..deceased owner and his wife as 1st and 2nd owners...now pls tell process to make his wife name in society records as single owner. ..
Answer by V. Viswanathan
I have replied such queries umpteen number of times. Request all to go through by FAQs on our website.
It depends on if nomination was done or not. If nomination was done then simple application with copy of death certificate then you can transfer in the name of the nominee. If no nomination then all other nominees to give affidavit , applicant to give indemnity bond , paper ad in two local papers , death certificate copy,; form 4 and society can transfer it.
Important : in either case the new member DOES NOT by virtue of such share transfer become the OWNER of property. He becomes only the share holder of society
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QW/VV/443/23.09.2016
Sir, if a resolution is passed in the Committee Meeting especially with respect to tenants and L&L agreements, can owners challenge it? Can the 11 month agreement be circumvent and terminated?
Answer by V. Viswanathan
All depends what kind of resolution you have passed . For eg a society can't pass resolution to state that a owner cannot give the flat on rent to say bachelors . Here the owner can challenge. Other way if a resolution is passed that leave and licence agreement should be stamped and registered then his challenge would not sustain
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QW/VV/444/23.09.2016
Can we pass in AGM that leave and licence agreement should only be of 11 months and renewal will be on society's approwal .
Answer by V. Viswanathan
Give of property is governed by rent control act and stamp act. When it allows to give it for 5 years then general body cannot restrict it
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QW/VV/445/23.09.2016
Sir, how can societies confirm the names of Auditors who are on the DDR Panel? Can you confirm the web link to find out?
Answer by V. Viswanathan
Go to www.mahasahakar.maharashtra.gov.in you will get the list
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QW/VV/446/23.09.2016
Sir is this timeline correct? What happens in case of lapse in any due date? How can it be handled?
Answer by V. Viswanathan
Actions suo moto by registrar or on complain by member would be taken under section 146/147 of MCS act
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QW/VV/447/27.09.2016
Good afternoon Sir. During our AGM a couple of days back ; a few attendes were family members of the Flat Owners & not the Owners themselves. Unfortunately this was realized only some hours after the AGM had concluded. These few members have not approved the Balance Sheet but the Majority has approved. Under the circumstances please guide us the way forward
Answer by V. Viswanathan
Since they were not members their numbers may not be counted . Count the numbers of only those who were members and pass accordingly
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QW/VV/448/27.09.2016
In case A or B dies and there is no Nomination extists, what about the 50% whether it will automatically go to A or B. Pl clarify
Answer by V. Viswanathan
There is no automatic transfer. The legal heirs of that person who has expired has to apply for membership even though for ownership they have to approach court or proper authority
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QW/VV/449/27.09.2016
Can builder sell the parking to flat purchaser and buyer of the parking space will get permanent parking once builder handover society
Answer by V. Viswanathan
A parking can be sold only if it has three side walls and one side open with shutter. Plus it should be part of FSI calculation. In short stilt and open parkings are not allowed to be sold. After society is formed it has full right to take charge of the same and allot in its own way as decided in the general body. However for practical purpose I would suggest not to do the same to avoid disputes
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QW/VV/450/27.09.2016
Sir,We have received one compliant letter regarding one divorce case.One husband complaint that her divorce wife still using his husband name & surname in the society documents after divorced. Pls advice what society can do in this case and what should we revert to the husband or his wife.
Answer by V. Viswanathan
It is matter between the two individuals and society has nothing to do with it. Legally she has right to use the husbands surname. You can ask the husband to sort it or fight it where ever they want and inform the society about who wins and not to involve the society in it
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QW/VV/451/27.09.2016
1. Have any rule for installing dish antena and And placing shoe rack outside own flat at lobby common area?
Answer by V. Viswanathan
There no specific defined rules for the same. The society can decide the same in general body and if any one violates the same then fine upto five times the maintenance can be charged
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QW/VV/452/27.09.2016
How much notice charges or can be charged to defaulter if not paying monthly maintenance.
Answer by V. Viswanathan
Maximum 21% per annum interest nothing else
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QW/VV/453/27.09.2016
Dear sir, need guideline- most of the members are not willing to attend the AGM, what can be done if quorum remains insufficient.
Answer by V. Viswanathan
I jokingly always say that committee should be happy if members don't attend AGMs as they can approve whatever they want as quorum for AGM is 2/3rd of total strength of society or 20 whichever is lower. Please still no quorum then adjourn the meeting by half an hour and then whatever attendance is the quorum
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QW/VV/454/27.09.2016
Hello everyone , I had a query ..during audit of FY 14-15 there was a misappropriation of funds of society by MC for personal suits ..however auditor has not highlighted the same nor filed case though clear from a look on I&E ! We were not issued notice and not informed of AGM last year as we already suspected such occurance ...as MC members has changed now we have received our notice for FY15-16 and Annual accounts wid comparative figures from where we came to know abt misappropriation !! My question is wat is liability of auditor and chairman secretary and treasurer!
Answer by V. Viswanathan
If there was misappropriation then it was the duty of the auditor under section 81 to file a FIR and report such misappropriation clearly in part A of this report. If complained action can be initiated against auditor for non performance of duty. For action against committee after reaudit action to recover the amount can be initiated under section 88 of the act. Plus action against the entire committee under 146/147
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QW/VV/455/27.09.2016
Dear sir, we have 1 share of Rs100 in Thane Housing Federation as now we moved to District Palghar and our Society is member of Vasai Housing Federation-Taluka level, can we have option to move our share from Thane federation to Vasai Federation. Please suggest with procedure if any.
Answer by V. Viswanathan
As per bye law no 6 each society has to become the member of anyone federation at Taluka level or district level. You can resign from the membership of thane district federation if you want so by passing a resolution in managing committee and continue in vasai Taluka and vice versa. Another good news is we are in the process of forming palghar district housing federation
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QW/VV/456/27.09.2016
Sir, are there any specific Bye laws for formation of *Federation of Housing societies* ?.
My question in this regards are--
1. How many members will be there in Federation Committee from each society?
Answer by V. Viswanathan
It will be as may be decided in the general body of federation
2. Who will be authorised office bearer of the Federation ? President, Secretary, Treasure
Or only President and Vice President ?
Answer by V. Viswanathan
I suppose you are referring to bank account. Generally secretary compulsory and anyone amongst chairman and treasurer
3. Whether members other than current office bearer of society, will be eligible to be a part of Federation Committee?
Answer by V. Viswanathan
Yes possible
4. Which Institute will give us legal advice for formation of Federation?
Answer by V. Viswanathan
We are the best. ?? Not blowing our own trumpet but yes we can guide you anything about housing societies or its federation
All these questions related to formation of Federal body in Global city in Avenue M, J, G , H.
Please clarify ??
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QW/VV/457/27.09.2016
Society has not accepted the parking allocation done by builder by passing the required resolution in Agm...but if some members who have purchased the parking by paying huge money are blocking or using their parking slots as garage by parking scrapped car...with the intention of blocking that space...What action society can take in such cases as they society is looking to allot all parking areas by means of lottery system as per bylaws...but due to blocking of such spaces and claiming that space belongs to them as they have paid to builder is causing trouble to society...What action can be taken against such members who are blocking those spaces?
Answer by V. Viswanathan
As per the new bye laws the parking rules are left for the society to decide in their general body meeting. Technically if the parking is not a three side wall and shutter and not part of FSI then it is not allowed to be sold. Therefore stilt and open parking are not allowed to be sold. Everyone knows that legally such parking a cannot be sold but all builders sell and issue letter stating that is alloted to a flat . Even though legally society can take charge of the parking and start alloting to its members but for all practical reasons the same should be avoided . In case of parking disputes the matter is referred to cooperative court under section 91
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QW/VV/458/27.09.2016
What is the significance of "open to the sky at all times" in the case ig property.
Answer by V. Viswanathan
Open to the sky at all times means those construction does not form part of FSI working. Like terrace Which are open to sky
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QW/VV/459/28.09.2016
Sir , is there any specific rule to charge penalty for society does and don't rule breakers?
I wanted to know the maximum limit.
Answer by V. Viswanathan
The maximum penalty for illegally occupying society premises is 5 times of the maintenance to be charged from retrospective from the date of such illegal occupancy and for other matters maximum 5000/- per financial year. Both penalty subject to approval of general body
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QW/VV/460/28.09.2016
Dear sir
I have one query
Two brothers buy a one flat older brother staying out of virar n elder brother stay in the flat.
Flat registration on both names
Older brother give noc for whole flat in elders name..
Sir please guide me what is the procedure of transfer.
Answer by V. Viswanathan
If you are referring to transfer of ownership then without registration of agreement not possible. Execute gift deed , pay stamp duty for transfer of 50% value, register the agreement . Give the transfer forms and agreement to society. No transfer premium to be paid
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QW/VV/461/28.09.2016
Dear Vishwanathan Sir,
Query related to transfer of flat.
1. Flat owner without informing society sold flat one year ago and has not paid transfer fees etc nor intimated in writing about the sale of flat.
2. Person staying in flat states he is new owner but has not paid transfer fees and has stopped paying dues to the society.
3. When owner of flat contacted via registered AD he writes back to society stating that he has sold his flat to XYZ and now new owner is responsible for all dues of society and should not be contacted further.
4. New owner currently uses the basis services like water, lift etc of society and has stopped maintenance for more than 6months since society gives receipt in original owner's name.
How does society go about in above case as original owner has got his money and is not bothered new person residing is not keeping upto his basic obligations...what is the recourse that society or MC needs to take.
Answer by V. Viswanathan
If the transferor has sold the flat and the purchaser has not taken NOC from society for purchase plus he hasn't approached the society as yet for transfer still the society need not worry. As whether a person becomes a member or not he is liable to pay the maintenance . Here society can file a recovery suit under section 101 before the deputy registrar in the name member (seller) and also purchaser (as occupant of flat ). The registrar will be duty bound to pass the order in favour of the society. Society need not bother Between seller and puchaser who will pay. That's their issue . If still they don't pay after getting order then approach special recovery officer who has rights to auction the flat and pay your dues
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QW/VV/462/28.09.2016
Dear Vishwanathan Sir,
In Mandatory returns, Point No. 4 is "List of amendments to By-laws".
Please guide what is to be uploaded.
Answer by V. Viswanathan
When you adopt new bye laws or if there are any changes in bye laws then the society has to fill in those returns and file it
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QW/VV/463/28.09.2016
We have taken handover from builder in 2013, and at that time society was registered. Builder have shops and flats in our Society. Yesterday he sold his 1 flat. In this case should we charge him transfer charges or we should not. Kindly let me know
Answer by V. Viswanathan
There is no transfer premium required to be charged for first sale. You should not charge
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QW/VV/464/28.09.2016
Mrs. X, a christian, expired. During her lifetime she had executed her nomination in favour of her husband Mr. Y, a parsi, which was accepted by the society & Mr. Y had been admitted as a member of the society. Now Mr Y wanted to sell the flat.
Mrs. X's mother had taken objection to the sale stating that mother was depended on Mrs X & that mother had financed Mrs X for purchase of the flat.
Will it be legal to allow sale & and ask mother to claim money from MrY; or
can society refuse sale till issues are sorted out by Mr y with mother ?
Answer by V. Viswanathan
Since the objection has been take the matter has to be referred to court under the indian succession act and only after the court decides the successor can the society allow the sale of flat or rather only later issue NOC for sale of flat
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QW/VV/465/28.09.2016
Dear sir, in training program dated 18th Sept 2016 at old viva college during morning session, I asked query if member "A" wants to execute gift deed on her wife's name of 1% of his flat then can he execute or not as "A" s wife would like to take a part in Managing Committee but as she is not owner and Associate member she can't. Can we get help from Advocate of Federation as most of the Advocates from Virar saying, minimum 25% has to be gifted.
Answer by V. Viswanathan
1% of property or for that matter any proportion of flat can be gifted. Due respect to advocates they are wrong. In case they have any provisions of any law to substantiate their claim then I request you to ask them to produce and I wouldn't mind being corrected. You can visit our office we will help you. Please visit VTHF Swagat Bhawan, opp MSEB colony nr Indian oil, station road vasai road east. Tel 0250-2390170/71 / 6457585/95 with prior appointment
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QW/VV/466/28.09.2016
Sir, charging of penalty to members for not attending AGM is as per rule?
Answer by V. Viswanathan
Attending AGM is the right of the member and not a duty and therefore charging penalty is illegal and against law
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QW/VV/467/29.09.2016
Hi... person who was committee member had sold flat and position is empty, can we select new committee memeber during AGM or Monthly meeting... Please suggest
Answer by V. Viswanathan
Any position that needs to be filled in a committee has to be done only through elections. Even if it's for single committee member. Cooption now not allowed
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QW/VV/468/29.09.2016
Sir can society comitee revised and increase monthly maintainance
Answer by V. Viswanathan
Any decisions for collection of fund should be done in general body meeting only and not in committee
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QW/VV/469/29.09.2016
Sir, two signatures were enough on the Balance Sheet for Audit Report to be prepared. Our AGM notice went without the Balance Sheet and Audit Report but no one complained. The manual Audit Report was also not presented at the AGM although the Balance Sheet had two signatories. If the Auditor is not on the DDR Panel, and if the society is not registered online to upload the Audit Report, is it legal? How can it best be handled?
Answer by V. Viswanathan
Regarding signature on financials the same may be done by two or three office bearers depending upon who was authorised to sign in the committee meeting. No AGM can be conducted with audited financials. Also the notice of AGM should be accompanied by audited financial statements and full audit report. If an auditor has signed who is not in the panel then it will be presumed as no audit done. Complain the matter to deputy registrar . Also if uploading of returns is not done then the registrar can initiate action against society and its committee members
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QW/VV/470/30.09.2016
If chairman give resignation what is duty of other committee members.
Answer by V. Viswanathan
In normal course if any office bearer tenders resignation then the other committee members has to consider it and relieve him of his duties if all is well. Later initiate necessary action for appointing new chairman through the new election process. Co option not allowed
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QW/VV/471/30.09.2016
In our Audit report the Auditor has mentioned that,New Model bye- law is not adopted, by the society,I would like to know the procedure to b followed to adopt the same?
Answer by V. Viswanathan
Take a special general body meeting . Place the new bye law in it and approve it . Later fill in the required form (on our website) and submit the following to deputy registrar
1. Two bye laws duly filled and signed by committee members
2. Application in format as mentioned above with 50/- court fee stamp
3. Latest audited report
4. Notice agenda and minutes of the general body meeting where the bye law was adopted
5. Certified(by committee ) true copy of old bye laws
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QW/VV/472/01.10.2016
Sir, how do u go with the leasing or selling of a flat or property if it's agreement states two owners, I mean jt owners, should both sign lease documents too.
Answer by V. Viswanathan
Since the agreement states that bi the owners are required for lease then it has to be followed. In fact even if not mentioned that way you always have to obtain signature
Of all the joint owners of property for lease
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QW/VV/473/01.10.2016
Question :One of our member has sold flat to his neighbour without any NOC from Society...also currently that flat on loan from Saraswat bank.....they have sale agreement between them..
In such case just want to check whether we can accept their agreement and trasfer fees?? Main concerned is that seller has not approach society for NOC to sell the flat...need your guidance in this case..what will be the society bearer action in this....
Answer by V. Viswanathan
In such cases you can accept the agreement and transfer fees and give an NOC with a condition that subject to clearance of loan from Saraswat bank. Similar point should also be added in the NOC to be given to the purchasers bank. Once the take over process is done and the seller hands over the full receipt and possession letter then you can transfer the shares in the name of the purchaser
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QW/VV/474/02.10.2016
I have flat on my name in borivali our bldg. Going to redevelop i want add my mother or father name with co owner pl gide me about procedure
Answer by V. Viswanathan
You can make a simple application to builder and get the required names added
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QW/VV/475/02.10.2016
Please ask me if flat transfer brother to brother gift deed, can transfer charge payable or not???
Answer by V. Viswanathan
No transfer premium is required to be paid for family members including brother to brother transfer
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QW/VV/476/04.10.2016
Sir
Can society add festivals / cultural programme fund in monthly maintenance,
If it is approved in AGM.
Is it as per bye law?
Answer by V. Viswanathan
Any fund that is to be collected can be done after passing in AGM
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QW/VV/477/17.10.2016
How many vote cast by an indivisual in society election.
If the owner is builder and he have four Shop and three flats.
Answer by V. Viswanathan
One member one vote. Means if he has 7 units all in one name still the number of vote would be one. However hope all know that one vote is for one contestant or the position . That means if there are 11 positions for which election takes place then 11 votes. Hope it's clear.
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QW/VV/478/17.10.2016
How many days before we get the election notification and can we change the election date because non avilabity of flat owners because of Diwali.
Answer by V. Viswanathan
Generally election date cannot be changed once declared. However for practical purposes If all agree then the returning officer may do it at his own risk. Technically not allowed
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QW/VV/479/17.10.2016
Dear sir, Auditor can be appointed for continuous 2 years or 3 years, please clarify.
Answer by V. Viswanathan
After 3 years. From fourth year new auditor. Hope everyone knows that within 30 days from the date of agm the appointment of auditor has to be uploaded online
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QW/VV/480/17.10.2016
Sir.my son has a flat on d third fl.above is a private terrace owned by another person of the bldg. The incomplete sheed was there earlier put by the owner of it.now d terrace is leaking. I put a request to d society to stop d leak. 5 years back d society had approched d owner to complete d shed.We will help.d owner refused d offer. Saying u do d whole terrace. At that moment nothing was wrong with d existing shed.Today the owner is a Secretary of d building an has done d shed demolishing d entire old one and is asking me to pay 30 percent of d cost.if d work was done 5 yrs back completion of d terrace I would v paying x amt.for d small portion. Today d soc. Is . Asking x plus yz amount for d work done of d private terrace. Please advice on d matter. Thanks.
Answer by V. Viswanathan
Legally the entire money has to be spent by the person who owns the upper flat. If he doesn't do it approach VVCMC and / or cooperative court
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QW/VV/481/17.10.2016
If flat owner gives flat on rent and does not pay maintenance, what are options available to society for such cases
Answer by V. Viswanathan
File recovery case under section 10 1 before the deputy registrar. Have explained the procedure earlier too. Check my FAQs on our website
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QW/VV/482/17.10.2016
Dear sir, Sinking fund should be charge equally to all or as per area of members, please suggest.
Answer by V. Viswanathan
Area basis as per byenlaw no. 13(c)
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QW/VV/483/17.10.2016
Mr. Vishwanathan, what Will be time limit for a flat purchaser in a regd society to submit membership application along with membership fees, entrance fee, transfer fee etc. after registration of agreement date. If not applied for membership, can society do anything? - O M Vijayan
Answer by V. Viswanathan
Applying for membership is the right of a member. He can apply anytime no time limit. Limits.... transfer fees fixed. 500/- entrance fees fixed at 100/- and transfer
Premium the basis of working can be anything but cannot cross 25000/- . The society cannot and should not do anything if a member hasn't applied for membership
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QW/VV/484/17.10.2016
Viswanathan sir what is the procedure for joint member to give associate membership?
Answer by V. Viswanathan
Application form in required format name of member required in agreement
QW/VV/485/17.10.2016
Sir
I m kotekar from Johova Village RH CHS Ltd, tamtalao, vasai
Same condition in our society, one member is not paying maintenance from Jan 2012, what action will take
Please reply
Answer by V. Viswanathan
Send three notices to the defaulted Member in a gap of about 15-30 days and then file recovery case under section 101 before the deputy registrar. Still if it persists then file a auction notice before the special recovery officer for auction of the property and recovery of maintenance dues
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QW/VV/486/17.10.2016
How can member challenge last years minutes. Late in the meeting cannot be reason to challenge the minutes. It is a normal practise to read all minutes at the end of the meeting. As per me the member cannot challenge.
Answer by V. Viswanathan
The legal process is once the general body meeting is over then within one month the draft minutes has to be circulated to all the members and later after rectifying defects in it if any the same should be finalised within a period of 3 months. Circulating minutes is must. In case the society does not circulate then you can complaint to the deputy registrar . However now if you have question over the minutes itself then under section 91 approach cooperative court
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QW/VV/487/18.10.2016
Respected sir,
Pl advice,
anybody can associate member in society and who is associate member and when associate member is legal member
On more sir,
can associate members name in Shere Certificate
Answer by V. Viswanathan
Now as per the new act and bye law a person can be a associate member only if his name is there in the agreement. The person who's name stands second becomes an associate member. Else he can't
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QW/VV/488/18.10.2016
Major building repair fund should be equally distributed among members or it should be according to the area of the flat
Answer by V. Viswanathan
As per bye law no. 13(a) it should be on cost of construction of flat on area basis
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QW/VV/489/18.10.2016
If owner stays abroad and flat is on rent then then MOM of AGM should send where?
Answer by V. Viswanathan
To the address given by him if any and added the charges to his bill. If no information given then to the address as per society record that's the flat address. Obviously it will come back. Keep it with you as proof of having delivered
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QW/VV/490/18.10.2016
Sir my mother was the nominee of my father's flat..I and my sister had given a noc and an indemnity bond.m i suppose to do any other formality with the society to get the name transfered on the share certificate.also m i suppose to pay any fee to the society.if yes how much .pls reply
Answer by V. Viswanathan
I assume you have made application within 6 months from the death of your father. Additional documents are
100/- entrance fees and copy of death certificate of your father. Please note By this your mother does not become the owner of property. For that she has to get succession certificate or letter of heir ship
Or letter of administration from the court / first class magistrate/ thesildhar
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QW/VV/491/18.10.2016
One week back I have send an email to vasai taluka cooperative hsg. federation requesting to carify on offenses u/s 146 (Refer page no. 009 of booklet distributed on 2.10.16 to the participants)
I haven't received a reply yet.
My query was about offenses committed u/s 146 and punishment u/s 147.
Who will be punished?
Chairman, Secretary, or whole of the committee members.
Chacko Thomas
Answer by V. Viswanathan
Please download the mcs act from our website and refer to section 146/147. Since it's very lengthy I will not be in a position to list it here. In case of any work which ought to have been done by committee then the entire committee is liable
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QW/VV/491/17.10.2016
One men can get POA against flat and he was his brother . He give form no .5 with 100 rs. to society and his brother's NOC letter said give me to associate member in our society. It is possible
Answer by V. Viswanathan
Time and again I have answered that POA has no locus standi in society matters plus for associate member name in agreement is must
QW/VV/492/20.10.2016
Sir whether associate member can attain AGM of society
And what is the procedure to become a associate member
Answer by V. Viswanathan
With effect from 14.2.13 no person can become an associate member unless his name is there in the share certificate
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QW/VV/493/20.10.2016
Sirji as you suggested in m posting my query
1. The society was under registrar and the new committee was elected in the month of January 2015. The committee took charge of the Bank account only in the month of Feb 2105.They operated the same for two months I.e Feb and march 2015. As on date the committee is not able to finalised the accounts for the FY 2014-15 form the registrar, blaming at the registrar is not giving the accounts. The two month operated accounts for FY year was giving to the registrar office in the month of August,2016 for the FY 2014-15, if I m not mistake.
2. As on date the newly elected committee has not taken a single general body meeting. Further to that from the elected committee 5 members have resigned and the committee have co-opted 5 new members, without any intimation to the registrar.
Some members have filed complaint against the same issue and having received order from registrar,that the process done by committee is against bye laws and the members co-opted are not eligible. The order was passed by the registrar on 30th September 2016. After showing the order in the AGM with was conducted by the Committee on the same date, they refused to expect the order. For your inform the order was given to them on 30th September 2016 in the society office and was also shown in the AGM meeting.
Is the AGM taken by them is legal, as we have 240 members and the quorum should be min. 8 as per my knowledge.
The committee is of 12 person and out of that 5 persons are declared not eligible. Please guide me on the above issues. So further I can post the accounting queries which they have expense out above 1 lac.
Answer by V. Viswanathan
Yes Cooption not allowed now. If no agm held then complaint to registrar under section 75(5). Also since members have resigned new election has to be conducted
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QW/VV/494/20.10.2016
Sir we received application for membership of the society as member has made nominee and will in his name and other legal heirs also gave letter saying that flat is in dispute. society cannot transfer share in the name of nominee.sir give us a solution what should society do.
Answer by V. Viswanathan
If Will was done by the deceased member then it will prevail. Should be transferred in the name of the beneficiary. However would like to see the papers once
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QW/VV/495/20.10.2016
2nd query one flat in our society is in dispute. Member is expired without making nominee and she is married. And said member has cancelled power attorney given to her mother,mother wants sell the property what do society do as he is applying for membership for the said society.
Answer by V. Viswanathan
I have answered such query many times. Power of Attorney has no value in society law. Legal heir procedure please refer to my FAQs on our website
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QW/VV/496/20.10.2016
This question is regarding powers of such associate member (whose name is already in the agreement)
1. Can they contest general election? Suppose the main member is not in the fray.
2. Can they vote, if main member is not available?
Answer by V. Viswanathan
An associate member can contest election and also vote provide the first member has relinquished his right of vote and contest in favour of the associate member
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QW/VV/497/20.10.2016
Society regd six years back. Got two queries
1) Sinking fund account not opened yet the money was kept in FD society account.
2) Till date not affiliated with any federation.
Cud u suggest procedures to b followed for both by the society
Answer by V. Viswanathan
1) if the amount is kept in FD and if adequate resolution is passed then it would be treated as proper compliance as far as fd of sinking fund is concerned.
2) technically all societies have to compulsorily get membership of federation as per bye no.6. If not compliant to registrar
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QW/VV/498/20.10.2016
Dear Sir,
We have conducted our AGM on 25 th September. As required we have submitted AGM notice, Minitues of AGM and Audit rectification report to the Auditor along with confirmation of Auditor for the next F.Y. Please confirm the uploading of all the reports in the Official website will be done by the Auditer ??
Answer by V. Viswanathan
Responbility of society to see that it's done. Check with your auditor
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QW/VV/499/20.10.2016
Flat is in joint ownership. The couple never attended any AGM before. Technically they are non active Members. Last month husband attended AGM whose name appears second in agreement. Objectiom was raised stating he cant AGM as his name appears second in agreement and he has not completed associate membership formalities. Please advise if he can attend meeting without completing associate membership formalities and without assigning rights by first owner.
Answer by V. Viswanathan
He has to become associate member before attending meeting
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QW/VV/500/20.10.2016
Hello Vishwanath, please answer on my query.
This is regarding education tax to be collecteded from each member of society. The tax is already component of property tax we pay to municipal corporation. Do we still need to incorporate in maintenance bill? Please guide.
Answer by V. Viswanathan
I feel you are referring to education fund. If that is the case then it's not part of property tax. You have to charge and collect RS 10/- per member per month
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QW/VV/501/20.10.2016
In one society if society sent pending bill with intrest to all members. One member have queries against bill that's why he submitted application and part payment of pending bill. Then society replied if you are giving full bill then only we will accept your amount. Please let me know part payment not possible to accept is correct or not?
Answer by V. Viswanathan
Even if there is a crore outstanding if the defaulted pays a single rupee then the society has to accept the sum. They cannot reject it
QW/VV/502/20.10.2016
Dear Sir, one of our member has passed away before nomination, now nearly six to seven years has passed for his death. His wife is associate member, means she has second name on agreement. We had issued notice to her as per bye laws to get transfer said flat, also we put such notice on society's notice board. His wife approached society and she claimed to trasfer said flat to her name, she has two sons, they are ready do all the procedure as per bye laws, but they are not ready to issue public notice in two local news paper. Apart from this she has already transferred property, water tax and electric meter to her name without society's NOC. Several time we told her that we are ready to help her as per bye laws procedure, but they always denying to issue public notice in news paper. Can you please advise us what to do in such case and can she do proerty, water tax and electric meter to her name without society's NOC. Thanks in advance.
Answer by V. Viswanathan
First thing is the society need not be after the person to become the member. If they want to become they will come forward. You need not be after them. Technically without society NOC they cannot transfer in municipality records and mseb records. If they are not coming forward just ignore them. If not today they will come someday when they have to sell the flat
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QW/VV/503/21.10.2016
Sir,
About power of attorney.
If in society matters there is no value for power of attorney, then if an NRI who owns a flat want to sell his flat need to visit India and execute the deal personally?
Answer by V. Viswanathan
I said power of attorney has no value under society. Selling and buying of flat is governed by various other laws like contract act, stamp act and registration act. It's valid for that
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QW/VV/504/29.10.2016
My reply in context to societies having less than 200 members. That is type D society as per new election rules
Kindly provide details of below queries with their respective rule's references
Q1. How many days before we need to send nominations of candidates? Can we send it on the election day itself?
Answer by V. Viswanathan
On the Election Day itself
Q2. If any tenant has more than 1 flat and/or shop, how many votes he/she can cast?
Answer by V. Viswanathan
One member one vote irrespective of the number of flats / units
Q3. How many days before intimation letter of society's AGM or election is sent?
Answer by V. Viswanathan
AGM 14 clear days. Means excluding the date of notice and date of AGM
Q4. Owner of shop is elgible to become a member of society committee?
Answer by V. Viswanathan
100% without any doubt as bye law keeps flats and shops on par.
Q5. If any owner doesn't resides in his flat and has given his flat on rent, can he become the member of society's committee?
Answer by V. Viswanathan
Fortunately or unfortunately there is no bar and there he can become the member of committee even if he doesn't stay in the society
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QW/VV/505/29.10.2016
Dear Viswanathan ji
In which Form(s) do we have to file our AGM minutes and Audit Report to the Registrar.
Please tell us procedure for the same. From where shall we get the form(s).
Answer by V. Viswanathan
For minutes there is no form as such. I had sent one format earlier use it. Audit report has to be uploaded online. Check with your auditor else meet me in my office I shall help you. You also visit www.mahasahakar.maharashtra.gov.in with login ID and password and you can do the same
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QW/VV/506/29.10.2016
Dear sir, what action Society / Secretary can take against Managing committee members who are not attending monthly meetings, please suggest.
Answer by V. Viswanathan
If any committee member does not attend three consecutive managing committee meeetings then he may be proposed to be removed. Later application has to be send to registrar to actually remove him. Please note that you gather all the proof of calling in a meeting and he not attending
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QW/VV/507/29.10.2016
Need details for formation of Federation of 6 individual societies. What would be the count if members required for federation from each society? How much time it will take for the process to be completed and who can guide us in this scenario?
Answer by V. Viswanathan
Minimum five registered societies are required to form a federation. Each society is required to pass a resolution to join the federation that's enough
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QW/VV/508/29.10.2016
Dear Vishwanathan,
I have following queries.
Builder has made some galas on terrce, open space and under staircase in our industrial premises society . He is paying municipal tax and society maintenance , but those galas are not registered and stamp duty is not paid. He is asking share certificate on this illegal galas. Can society issue share certificates?.
Please suggest me .I am secretary of bldg.
Pradhan.vasai east.
Answer by V. Viswanathan
Firmly no. For any illegal galas / units one shouldn't make them as members
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QW/VV/509/29.10.2016
Whether Dy.Registrar or Registrar have jurisdiction for any car parking issue in Society
Answer by V. Viswanathan
As per the new bye law car parking has to be decided in the general body in a meeting. And for any dispute regarding general body resolution the matter has not be referred to cooperative court and therefore parking matters wouldn't fall before deputy registrar but cooperative court
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QW/VV/510/29.10.2016
Vishwanathan sir,
In our soct.Present commitee wants to resign & they want form new comm.
Pl.tell me procdure for the same.
Answer by V. Viswanathan
Inform the registrar about the same and fill in form E-2/3 and submit to registrar and fresh election has to be conducted
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QW/VV/511/29.10.2016
Lot of thanks for joining me.
I need your advice on following problem:
In our complex there are 19 different societies developed by 3/4 developers, in our land developer agreement there is one clause giving development/conveyance right
to APEX society or association. In our complex there is one association is existed for 19 societies, but in land developer agreement it has not mention giving rights to
present association which is established later after development and not with the
consent of builder/developer. We are confused as association is not a legal entity and not established by developer. Can we do our separate conveyance of every society? and later can we join to association for common amenities or open spaces?
Please guide.
Answer by V. Viswanathan
Yes, it is possible. However it is advisable to get conveyance for entire complex and there would be many areas which are common and cannot be actually divided. Do meet me at Swagat Bhawan, opp MSEB colony nr Indian oil, station road vasai road east. Tel 0250-2390170/71 / 6457585/95 with prior appointment and papers I shall guide you
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QW/VV/512/29.10.2016
Thanks for yr support Mr Vishwanathan sir..it vl help societies to grow powerfully n work smoothly.... My question to U sir __ what is d solution for d share certifificate wich was issued vth only 5 share@ d rate of rs 50 durin yr 1998/99.
Answer by V. Viswanathan
There may be couple of practical solution to it. My opinion would be recall all the old share certificates and issue new with 10 shares. Of course you have taken into account those that are mortgaged and lost share certificates
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QW/VV/513/29.10.2016
Question: Sir, As per audit requirements we were told to do structural audit as building age is more than 30 years. As per structural audit report we had to rectify internal columns and beams of flats and shop. For which everyone agreed in AGM but now some members are not allowing the work to be done in there flats and shop. All expenses are beared by the society expect painting of repaired columns and beam. Please let us know any action can be taken on those members who are not allowing the work to done in there flats and shop.
Answer by V. Viswanathan
The managing committee can write to them and also give the copy of such minutes of in a meeting requesting them to allow repairs. Still if they don't Agree, the committee can enter the flat and do the inspection of the flat and after due paper forcefully repair the beams. Meanwhile they should also inform the VVCMC , deputy registrar and police about the reluctance of the member
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QW/VV/514/29.10.2016
Question: Sir, In our building one of the shop is been used by the owner and his friends as a place for having drinks (liquor) daily at night and sometime it creates problems for society members. We raised our concerns but we were told by the shop owner its his owned shop and can do as he feels and drinks are been taken inside his shop not in building premises (compound, etc). Can anything be done about it?
Answer by V. Viswanathan
No doubt shops are meant for commercial use and they shouldn't be using it for drinking. However practically if they are not creating nuisance for any one then my suggestion .... ignore
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Our one of member had install moter to suck water,
AGM had decided to lay penalty who install water moter (pump).
Now we can impose penelty on that gala owner???
Answer by V. Viswanathan
Yes after passing resolution in general body . Maximum 5000/- for each instances
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QW/VV/516/29.10.2016
Can staff will stay in industrial gala, after there job, regular night stay allow????
Answer by V. Viswanathan
Technically no. However if there is no nuisance then why object
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QW/VV/517/29.10.2016
Dear Vishwanathan Sir, we have 3 societies in one housing complex. All 3 societies want to form a federation for greater cooperation. What are the steps involved to form such a federation?
Answer by V. Viswanathan
For forming federation minimum five societies are required. However one can form either association or company under section 8 of the companies act 2013. It's not the regular profit making entity
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QW/VV/518/08.11.2016
Vishwanathan Sir,
We want to deduct TDS from one of our contractor's bill payment, but we dont have TAN. please advise us with the procedure and the documents required for obtaining TAN of society ?
Answer by V. Viswanathan
Fill in form 49B as per income tax rules. Attach your society's PAN and copy of registration certificate and submit to any facility centre of income tax. Take help of your CA / auditor else contact us at Prabhu Associates, Swagat Bhawan, opp MSEB colony nr Indian oil, station road vasai road east. Tel 0250-2390170/71 / 6457585/95
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QW/VV/519/08.11.2016
Hello Mr. Vishwnath, is there any limit to make the payment in cash? We need to make the payment to our watchman in cash as he doesn't have the bank account.
Answer by V. Viswanathan
Beyond ?1500/- not allowed. However you can still help him open bank accounts. Use his photo ids and society can give confirmation of his work. That should suffice the KYC norms. Educate him to open account easy for you and good for him
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QW/VV/520/08.11.2016
I have query on the behalf of my friend regarding the flat on the bmc land father expired without making nominee then the flat transfered in the mother's name after taking NOC from legal heir. Now one of the legal heir made will on his name by taking mother in confidence now same legal heir blackmailing others for not giving share to others. Now what should my friend do now
Answer by V. Viswanathan
Here when you say that NOC was taken from other legal heir I presume there was no succession certificate or no procedure was done to bring all the legal heir for "ownership". The aggrieved Legal heir can approach court to get the succession certificate. In that case all the heirs may have equal share in the property
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QW/VV/521/08.11.2016
Sir, in our Society a members flat is in a joint ownership 1st holder is wife/2nd holder husband and no nominee till date, the 2nd holder the husband expired now the 1st holder the lady has given us a request in writing along with the death certificate that delete the name of 2nd holder due to death/demise and wants to nominate her son as a nominee, our query is how should Society proceed also the 1st holder has a daughter who is married, we have to get NOC from all legal heir's or we can proceed with the nomination in the name of son.Pls advise
Answer by V. Viswanathan
Since no nomination by the Joint holder the legal heir procedure has to be followed.
1. Indemnity bond as per form 19 in whose name it has to be transferred
2. Affidavit by all legal heir including married siblings
3. Paper notice in two local papers as per form 16.
4. Form 4
5. Pay ?100/- entrance fees
Plus to claim ownership succession certificate/ letter of heir ship / letter of administration
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QW/VV/522/08.11.2016
How to get ownership succession certificate /letter of heir ship. who has the authority to give /issue the said certificate. And what the documents needs to be submitted for the same
Answer by V. Viswanathan
For succession certificate approach local sessions court.
Letter of heir ship / administration approach First class magistrate/ thesildhar
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QW/VV/523/08.11.2016
Sir please let me know what I can do if shop n flat owner are not Registering there agreement while giving on rent. I have given notice many time.
Answer by V. Viswanathan
You can charge penalty up to 5000/- per default after passing resolution in the general body
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QW/VV/524/08.11.2016
Dear sir, is this mandatory for housing society's to file IT returns, please suggest.
Answer by V. Viswanathan
Any person includes society has any income more than the maximum limit is required to file the income tax return. Housing society are required to pay tax at the following slab 0-10000 =10%, 10001-20000=20% and above that 30%. Maintenance and funds that we collect is not income. However interest income is "income" as per income tax act. So the moment you get single rupee as interest you are mandatorily required to file returns. Also rent, mobile tower rent, hoarding rent and such other receipts other than receipts from members are taxable
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QW/VV/525/08.11.2016
Dear Vishwanathan
One question
If society member's son pays monthly maintenance and he is not member then is it ok to accept maintenance and will there will be any implications on society
Answer by V. Viswanathan
There should not be any issue that way. However on a safer side obtain a letter from member that his son will pay maintenance and also letter from son that he is paying on behalf of member. Issue resolved
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QW/VV/526/08.11.2016
Vishvanathji ??
Sub: Nomination
Sir my friend is osner of flat situated in virar his nominee
Is his mother and she is very old so he wants to change
Nominee from mom to one of his friend who is looking after her mom and himself
Pl advice
Answer by V. Viswanathan
Just make new nomination form no.14 and pay ?100/- as charges. This will take care of the new form and automatically supersede the old nomination form
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QW/VV/527/08.11.2016
Sir,
While selling a flat, which are the documents to be collected from the society. The owner has no loan on the property and the buyer will go for housing loan.
Regards.
Answer by V. Viswanathan
Form no.4,26,14, 20(1),20(2),transfer form , copy of registered agreement, dues should be clear. That's it. After loan obtaining copy of possession letter and also full receipt.
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QW/VV/528/08.11.2016
Sir, if a owner not paying maintenance dues, can society stop the services provided by society such as collecting garbage, plumbing, electrician etc?
Answer by V. Viswanathan
You can do so after passing general body resolution as the moment you discontinue services bill also cannot be raised. Please note
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QW/VV/529/08.11.2016
Dear Viswanathan, if society members raise questions on society accounts even though it is based on mistakes of past management committees, can they create any potential issues?
Answer by V. Viswanathan
I don't know about issues. However it is the duty of the present or any managing committee to reply to all the queries of the members to the best possible manner. It's their right. Of course members should also understand their duty not just right
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QW/VV/530/08.11.2016
Can managing committee make a decision to raise maintenance despite certain members raising objections? What are the procedures to ensure society doesn't keep incurring losses based on mistakes of the past managing committee?
Answer by V. Viswanathan
The raise in any fund including maintenance has to be done in a general body only. Ideally the committee should do their home work before proposing the increase. For eg. Why increase by ?100/- and 250/- and so on
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QW/VV/531/08.11.2016
In case anyone utilise Society Premises, like Corridor, floor lobby etc. To keep their shoe racks, dumping material., whether member can be imposed any charges and which section the same can be charged and what would be the maximum charges. Please advise. Lekshmana Rao/Secretary/Sajavat
Answer by V. Viswanathan
As per bye law 168 a, penalty upto five times of the maintenance can be charged for occupation of any society area like lobby and others as mentioned by you. Worst part, can be charged retrospective from the day it was occupied. Caution . Pass general body resolution even though it's there in the bye law so that members are aware of it. Also before charging show cause notice must to the erring member
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QW/VV/532/08.11.2016
Dear sir, query remains unanswered,
-A shop in name of father and son joint owner
- father and son both expired in period of 3 months
- checked society records no nomination certificate found
- brother approaching society to get shop transfer I her sister name.
- a copy of will produced by brother which is made by deceased father mentioning our society shop and other property to be initially transfered to his son ( expired joint owner) and later upon his death to be transferred to his daughter.
Questions.
- "Will"is written by father, were else shop is in joint owners name of father and son. Does only one will suffice?
- "Will "does not mention anything about deceased son's wife and children.( upon enquiry with same with his brother it was understood that he died as bachelor)
- what procedure does society need to follow here.
Answer by V. Viswanathan
A bit complicated I must say. Ideally would like to see the papers and advise. However from whatever I have understood below is the reply
Father can only make Will for his share not for his sons share. Who expired first. If son then ok else fathers will says that after this death his share to be trfd to son (one who died) . Then upon fathers death son can only decide whom to be transferred and not father. Can't explain much on whatsapp. I would gladly guide you if you visit my office at Prabhu Associates, Swagat Bhawan, opp MSEB colony nr Indian oil, station road vasai road east. Tel 0250-2390170/71 / 6457585/95
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QW/VV/533/08.11.2016
Dear Sir
Our soc keeps share certificate of members who have not demanded the same. What is the proper policy? Is it right to keep with Soc?
Answer by V. Viswanathan
Ideally the committee should handover the same to the concerned member provided no loan is subsisting. However if they don't come forward or demand then committee has no option but to retain with them
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QW/VV/534/08.11.2016
Please can you explain me Non-occupancy charges? Please sir give full details or suggest me or give the bye law no.????
Answer by V. Viswanathan
Non occupancy charges to be levied when the member himself does not occupy the unit and it's being occupied by someone else not being his relative. Housing department circular dated 1.8.2001 states that it cannot be more than 10% of the service charges. This does not include sinking fund , repair fund , water charges, parking and others. 10% of the maintenance only also called service charges
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QW/VV/535/08.11.2016
One of our member ask us in which section/bye law no. is written to charge 5 time X maintenance for illegal work.
Answer by V. Viswanathan
Bye law no. 168a states that if any member is occupying any of the society area illegally like the lobby, corridor, terrace then 5times of the maintenance may be charged. For any other violation including illegal construction the maximum penalty is 5000/- . In either case general body resolution is advisable and show cause notice to member is must
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QW/VV/536/08.11.2016
Is necessary to submit original certified copy to building society office. Because society commitee member ask for original copy. And they stop to member for entering in society premises.
Answer by V. Viswanathan
I suppose you are referring to registered agreement. It should be certified true copy only and not original
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QW/VV/537/08.11.2016
I have purchased flat on loan.All original documents are with bank,I wanted to transfer share certificate on my name so what other step I can take
Answer by V. Viswanathan
Check with society if they are fully prepared to do so. Later ask the society to write to bank calling for share certificate with an written assurances that once transferred they will handover the original share certificate directly to bank and not to you. Should work.
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QW/VV/538/14.11.2016
If the name in Agreement for Sale of flat purchased is as under.
1st name Wife
2nd name Husband (jointly) and Nominee is Married Daughter.
If Wife gets Expired.
What Society Wl do ?
Flat Wl be Transferred in the name of 2nd and joint owner I.e. Husband ?
Or it will be transferred in the name of Nominee. i. e. Married Daughter ?
Kindly clarify the matter in question ?
Answer by V. Viswanathan
After following all the due procedure the first name will be daughter and second name husband
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QW/VV/539/14.11.2016
Supposed AFTER DEATH of WIFE if Daughter wants to SELL the FLAT., Does Husband's SIGNATURE is Required and MUST ?! Or She can Sell all alone. ?
In that case what that Husband / Father will Do ?
What Wl be his position.
Answer by V. Viswanathan
I have many times explained that by following legal heir procedure the daughter does not become owner of the flat but only member. She can't sell without ownership. Moreover father being Joint owner she cannot sell without his signature
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QW/VV/540/14.11.2016
I want to ask if any member in the society asks for permission for his/her flat renovation every six months..
shld d permission b given by the Managing Comittee?
Any restrictions regarding renovation of flat.
Answer by V. Viswanathan
Technically there is nothing to bar from giving permission but has to be careful to find out why it is so
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QW/VV/541/14.11.2016
In one society comitee not distributed any bill from last 5 yrs and now new elected comitee distributed bill with 5 yrs pending and current bill. With this bill they distribute one ledger copy. In that ledger shown that each month distribute bill to member and bill number also showing. But any member not received any bill . In that bill also charging monthly intrest. That's why concern member written letter to society for charging wrong intrest with wrong bill. in letter also mentioned pls show office copy of bill or please give me ans in writing why charge intrest. With this letter member submitted current year maintainance amount cheque. But comitee not accepted any cheque and also given reply if you want any answer about ledger then contact to old comitee member. Vishwanathan sir pls guide urgently
Answer by V. Viswanathan
Sending bills for last five years at one go and also charging interest utter messy. All members should come together discuss the issue in general body and come with consensus
QW/VV/542/14.11.2016
As per our land development agreement developer has not given corpus fund to maintain common amenities or open spaces to apex body.. since last 10 years. Before going for conveyance..is there any legal remedy to get this money back to our Association?
Answer by V. Viswanathan
First check the primary document that is the agreement to see that actually the builder has agreed to pay the corpus or not. If not then your case may be weak. If yes then whether he gives conveyance or not you can fight it out.
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QW/VV/543/14.11.2016
Dear Viswanathan sir
One question
In my society children play cricket till mid night 1:30 am.
Want to know what time limit authorized to out door amenities ?
Since playing area in complex only.
Thanks in Advance
Answer by V. Viswanathan
As per bye laws the playing time for children can be decided by the managing committee. 1.30 am means past midnight is definitely not A time to play if it's noisy. No noise as it is allowed post 10 pm
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QW/VV/544/14.11.2016
Dear vishwanathan sir can we collect premium on flat transfer from blood relations(on gift deed)
Answer by V. Viswanathan
No not allows
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QW/VV/545/15.11.2016
Dear Sir ,
One of our member has submitted Agreement For Gift Deed for transfer of his flat to his Daughter - in Law. He has mentioned Agreement Value of Rs.18 lacs in the deed. He has not paid stamp Duty and not registered it.
Please guide us in the matter.
Answer by V. Viswanathan
The question itself is contradictory. Once you say it's gift then it cannot have value. Whether gift or proper agreement for sale, appropriate payment of stamp duty and Registration is must. If not done no admission / transfer of membership
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QW/VV/546/15.11.2016
one of the housing society approached me to AUDIT from the fin year 2010 till MARCH 2016...
1.can i do this..
2. What type of resolution to b obtained from the society
3. Permission from DSA/ DY REG required...
4. Date of audit report
5. Only one audit report sufficient or seprate for each fin year
Pl guide me in this regards
Thanks
PANEL AUDITIR
Answer by V. Viswanathan
By this time everyone would be aware that audit has to be done by the auditor so appointed by society in general body and confirmed by DDR (means online submission to appointment was done to appointment). However in the given case you can still do audit for 2010-2016 subject to approval / appointment of general body. Obviously should be one audit report and presently dated. No permission is required from DDR / DSA
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QW/VV/547/28.11.2016
The committee has been dissolved by the Sexretary due to minority. Can the resigned committee members withdraw and take up the responsibility
Answer by V. Viswanathan
A secretary cannot dissolve a committee at all. Only if they all resign and if it's accepted can the committee be treated be dissolved. Then regular elections has to be conducted until then the old committee should run it . However if the resigned committee wants to withdraw its resignation before it is accepted then it can be done so and they can continue
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QW/VV/548/28.11.2016
If Chairman and four members of the Managing committee was resigned. Now secretory can admit new members to the managing committee without calling special General Body Meeting?
Pls guide us.
Answer by V. Viswanathan
As per election rules w.e.f 11.9.14 even if one committee member resigns elections for that post is must. Therefore secretary cannot admit any new committee member. It has to be done through proper election only
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QW/VV/549/28.11.2016
Dear sir,
As per BYE LAWS, society has to pay by cheque for amount higher than Rs.1500.
For sweeper and watchman who don't have their Bank accounts and when they are not working dedicated only for our Society, can we issue bearer cheque. Please suggest.
Answer by V. Viswanathan
Law is clear that beyond ?1500/- only account payee cheque. Encourage those people and also help them to open bank account . That's the only option
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QW/VV/550/01.12.2016
If society's any member have any personal problem to pay maintenance cheque for a month, can other member pay the maintenance cheque ( mutual understanding between both members ) or every member has to pay their maintenance by their own cheque. Please suggest.
Answer by V. Viswanathan
There is no bye law barring it. However it is better to take a letter from such person so paying that he is paying on behalf and under instructions of such member. Also additionally if possible obtain a letter from the member stating such arrangements to avoid any unseen unpleasantness later
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QW/VV/551/01.12.2016
Dear Mr Vishwanathan, please answer the following queries:
1) A member having ground floor flat with backyard given by builder measuring 10X10 approx has put up a 6X6 shade approx above his backdoor. Is putting up such a shade illegal?
Answer by V. Viswanathan
Frankly without seeing the approved plan I shouldn't be commenting . However GENERALLY such backyard areas are common area and builder sells it garden area. Secondly any construction to be done including shed the same can be done after approval of society and also planning authority. Also practically no one takes permission for shed on terrace.
2) A member has put up a business signboard on the outer side of the society boundary wall facing the road. The wall is maintained by the society. Can the society ask the member to pay a monthly rent to put up the board?
Answer by V. Viswanathan
Yes, they can after passing adequate general body resolution
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QW/VV/552/01.12.2016
Sir, my question is if an office bearers does not attend committee meetings consecutively for more than 3 times can he be removed by the approval of remaining office bearers & committee members.
Answer by V. Viswanathan
Yes. However the procedure is that it's a proposal by the managing committee and later the application for such removal has to be done in form M-18 to the registrar and he will decide the fate of such committee member
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QW/VV/553/05.12.2016
Managing committee refuses and wants to know under which provision they can correct overcharged non-occupancy charges plus interest of previous committee which they did not.
Answer by V. Viswanathan
There is no specific provision . Just get a general body resolution for the same and do it
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QW/VV/554/05.12.2016
Mng Committee have charged at times more than 110% non occupancy charges which is against rules of MCS act and are showing as arrears with interest of many thousands. AGM is not interested because of vested interest of some and this is only case.
Answer by V. Viswanathan
Complain to deputy registrar about a same with a written application
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QW/VV/555/05.12.2016
Dear all, I have a query. Please suggest. I am a co-owner along with my father of the property. I want to become committee member. My father has no time to attain the meeting.so he suggested me to attain the meeting done by the society. Can u suggest me which form should I fill to have the right of my father. Or do I need to make power of attorney. Please suggest.
Answer by V. Viswanathan
Ensure that your name is there on the share certificate as well. Then you are an associate member as you are a joint holder of property plus your name stands second in share certificate. Fill up form 10A and give to the society so that you can attend the meetings and even contest elections
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QW/VV/556/05.12.2016
Q2 Vishwanathan ji, if the past committee has somehow forgotten to collect parking and NOC charges from some of the flats/ society members, So can we now charge the parking and NOC charges on those flat's ? If yes, should we charge the arrears as well? Will there be any question asked from those flat owners now and what should be the possible reply to them from the managing committee?
Please revert.
Answer by V. Viswanathan
Even though the present committee would have right to collect the old dues. I would suggest to have a practical view to the same. You can't expect a person to pay suddenly for'n' number of years. So get it approved in general body meeting and give them some logical time for those arrears without interest. There is no specific provisions for such case
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QW/VV/557/05.12.2016
Q1. Vishwanathan ji, if a person (i.e sweeper / gardener / watchman ) who is working for more then 5 to 8 years in same society without any break, and at any point society wants to remove him, is that person eligible and entitled to get any benefits from the society; if? If yes then what benefits is he eligible / entitled for? Under which section in the bye laws?
Answer
Your question is related to labour laws and frankly i am it an expert. However shall reply on the basis of my limited knowledge on the subject. Since the number of staff working in a society is less than 10 and watchman hasn't worked for 15 or more years no benefits Perse would be applicable. Please obtain independent opinion on the same
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QW/VV/558/05.12.2016
QUESTION
Dear Sir,
One of our member is not to be seen for nearly 20 years. He stayed in flat for very few months, before the society was registered. His flat is locked. The outstanding dues are nearly Rs.6.90 lakhs. There is NO NOMINATION with society. No record for MORTGAGE of property with society. He was working in HPCL canteen, for the last 20 years he did not go to office, HPCL has declared him dead and published in news paper also. We tried to approach HPCL and sent some letters, but they did not respond to it. Some says it was financed by HPCL, but we do not have any written proof. We neither have his native address nor any relative's address with us to contact.
OUR QUESTION IS:
Whether can we sell the flat and recover our dues?
If yes, what is procedure?
What to do with the balance amount left with society after recovering society dues?
Sir, PLEASE reply.
Answer by V. Viswanathan
Firstly, society has to authority to sell the flat and their interest is limited only to their dues . Course of action for the same.
1. Send notices to the defaulted member in a gap of say 15 days by registered AD & courier as well.
2. Notice to be sent to the address in society record. That is the flat itself
3. Obviously it will come back. Don't open the envelope
4. Ask the courier guy and postman to write the reason for return of the post
5. File a recovery case under section 101 before the deputy registrar with all the supportings of your claim
6. Obtain recovery certificate from the deputy registrar
7. Obviously no one to pay then file another case with special recovery officer (SRO)
8. He will do the necessary things and auction the flat and pay your dues
9. Excess amount would go to government treasury.
10. Also gather maximum information about is whereabouts like you mentioned that HcPL Declared him dead (still wondering how they could do so) and such other possible information
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QW/VV/559/20.12.2016
Sir my question still not answered . Our developers in Mumbai has agreed to redeveloped our building situated at mumbai .Total we are all 53 tenants in the said building.As per the terms in the agreement our developers agreed to pay the rent for each tenants for their temporary accommodation. They also agreed to raise 10 % rent every year till pocession.
They also agreed in the agreement to redevelop the building within 2 years and to give the flat pocession to each tenants in the redeveloped building.
After a year they stopped giving rent and is due to us for more than 5 months.
They also stopped the redevelopment work.
What is to be done now kindly please advise.
Answer by V. Viswanathan
Actually need to read the agreement executed between society and builder properly before commenting. However now the objective should be that you have to cancel the agreement and ask for compensation for him. Approach an advocate. We also have office at Andheri we can help you
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QW/VV/560/20.12.2016
Hi friends pls help for below query.
One of our society member never attends the society meeting, neither he comes for society AGM and that too continuously from last 2 years. Proper notice is given to them about the meeting.
Answer by V. Viswanathan
As per the new bye law and act if a person is not attending AGM continuously for more than 5 years then he is inactive member. Until then no action can be taken. Even though there is a circular of 2010 which states that you can charge penalty. However my personal opinion is that this circular is bad in law. As attending AGM is a right and not duty
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QW/VV/561/20.12.2016
Friends reply awaited on my query
My sister having 1 property as co owner with her husband who has expired in the year 2012 & society firmed in the year 2015 due to some reason still she don't have completed membership in the society
Pls advise me the process to get membership in the society & transfer property 100 % with her name
Answer by V. Viswanathan
As far as membership is concerned she can apply for it by making simple application and attaching copy registered agreement, copy of death certificate of husband and possession letter . By this she will get membership . However she still has to get the 100% ownership of property for which she has to get succession certificate/ letter of heir ship
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QW/VV/562/20.12.2016
I want to know my new society registration number help me
Answer by V. Viswanathan
Apply to deputy registrar will full name address and you can get it from there
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QW/VV/563/20.12.2016
Hello !
In my building one of the owner who stays on 2nd floor has made his own terrace with joining his 1st floor house !
Is it legal ?
He is secretary of my building
Even from last 2 years there has not been any kind AGM meeting and from last 2 years we haven't got Audit Report
What can be done against him ?!
Answer by V. Viswanathan
Any deviation from approved plan is illegal. If audit not done complain to deputy registrar under section 75(5)
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QW/VV/564/20.12.2016
Our society charging transfer fee rs. 40000 this is correct as per by law what can we do if not correct
Answer by V. Viswanathan
Government circular says transfer premium to be charged is as per general body meeting subject to maximum of ?25000/-. Check the general body meeting else complain to deputy registrar
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QW/VV/565/29.12.2016
If the committee members doesn't give attention to run the society and also not interested to attend the meeting what can be done on such situations.
Answer by V. Viswanathan
If a committee member does not attend three consecutive meetings then he maybe proposed to be removed. Refer bye law no. 119. However ensure that the committee meetings ARe also called with proper notice and agenda like that of general body. Later the removal proposal should be submitted to deputy registrar is form M-18. And the registrar decision would be final and binding of both the parties. Easy way in this case is to request him to resign. No doubt then election procedure needs to be followed for appointment of one committee member
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QW/VV/566/29.12.2016
Dear sir, I would like to know the rules for one problem which has taken place in our society. A tenant having a terrace flat has taken an illegal extra connection of water line of the flat which is below him, after regular reminding him to remove the connection. We would like to know what legal procedure that can be done to solve the problem.
Answer by V. Viswanathan
I understand that one person has taken water connection from a flat below him. Correct ? You can issue notices to both the members. If still persists complaint to VVCMC and also pass general body resolution to levy penalty on the erring member
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QW/VV/567/29.12.2016
hi vishvanathan sir I have query member wants sell the flat at present he is abroad and jointly owned by mother but power of attorney is given to father that I presume by the information given to me by them. mother approached for share certificate and what r documents required before giving Noc to sell the flat
Answer by V. Viswanathan
Before giving noc ensure the following
1. There is no loan / lien on the flat from any bank / financial institutions. If there then noc should be subject to clearance of the same.
2. Dues are upto date.
3. No matter pending against the member
Regarding issuance of share certificate it may be given to one of the member
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QW/VV/568/29.12.2016
Dear Mr Vishwanathan,
please answer the following query.
What right does a member have to divert water supply pipe or sewage pipe of a building that is maintained by the society? What action can taken if a member takes inside her flat the valve that the society uses to stop water flow inside when taps are left open in a locked flat?
Answer by V. Viswanathan
Member has to right to divert any water or sewage line without the consent of the society. The society levy penalties as per bye law no. 165 also if it's persisting can initiate expulsion of membership under section 35 of the act
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QW/VV/569/29.12.2016
- if members wants to see parking applications and parking allotment letters issued to member, is society bound to show that?
Answer by V. Viswanathan
Yes! The society is duty bound to give inspection of documents if members wants to see it.
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QW/VV/570/29.12.2016
- how much we can charge to any member if he wants agm minutes
Answer by V. Viswanathan
Firstly the AGM minutes has to go to all members within 3 months free of cost. Additional copies has to be given by charging ₹10/- per page. Refer to bye no. 171(new)
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QW/VV/571/29.12.2016
if Agm approved parking rules in past and cars allotted on first come first serve basis, do the society need to still do lot every year if the excess cars are just 2-3 in society?
Answer by V. Viswanathan
Refer to bye law no. 78-84(new bye law) for parking. The general body is given the rights to decide about parking. When to change , how to change etc to be decided by general body only
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QW/VV/572/30.12.2016
*Sri Vishwanathanji. Please clarify the following:*
14(c) of the bye law provides that "on the resolution passed at the meeting of the zG.B ..... the Sinking Fund may be used....... for carrying out such structural additions or alterations..... as in the opinion of the Society's Architect, would be necessary to strengthen it or for carrying out such heavy repairs as may be certified by the Architect and on approval of G.B.".
The building had got audited structurally & Structural Auditor has given his report specifying some work mainly for stopping leakage through side walls & some other work here & there. Building is structurally sound.
The Committee now with the permission of G.B. proposes to put shed above terrace to stop leakage during monsoon. This solution is not mentioned in the Audit Report.
My doubt is that:
1) will it be in compliance of the audit report;
Answer by V. Viswanathan
If the structural auditor states that the building is fit enough to withstand the load of shed then it should be ok.
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QW/VV/573/30.12.2016
whether permission from VVMC is necessary to put shed?
Answer by V. Viswanathan
Legally yes it's required. But I don't a single society who has taken permission and paid development charges for the same and obtained permission. So for practical purposes I can say go ahead after informing VVCMC.
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QW/VV/574/30.12.2016
whether Sinking Fund can be utilized/withdrawn for erection of shed & if so to meet with the entire expenditure with a resolution passed by G.B?
Answer by V. Viswanathan
Sinking and repair fund can be withdrawn for repairs after due permission from the general body. Shed if in nature of repairs, which generally is, then it can be used. One has to just intimate the registrar no permission required
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QW/VV/238/02.01.2016
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
You need to adopt new bye laws whether or not you take action against these brothers.
After adopting new bye laws all the effects of new bye laws will happen that increase in MC capacity.
There is also a procedure to follow before declaring any one inactive under new bye laws. You have to follow the procedure like issuing notices to them etc.
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QW/VV/239/02.01.2016
The query is for amalgamation of flats should both flats be in same name?
What are the modalities pertaining to the same?
Please suggest some case laws on the said topic to oppose amalgamation.
Ans Veeraiah Gupta
Reply for query relating to amalgamation of flats:
Amalgamation of flats is being done by the builders un officially and without BMC clearance.
amalgamation of two flats may be regarded as structural alteration.
Strictly speaking it is illegal.
No case law on the topic to the best of my knowledge.
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QW/VV/230/02.01.2016
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.
Ans Veeraiah Gupta
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.
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QW/VV/231/07.01.2016
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
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QW/VV/232/07.01.2016
Our Society hv not submitted financial accounts for last 2 years. Several time we hv ask them to conduct the AGM, but no response. What to do? Saiswami CHSL, Thakurli.
Answer By V.Viswanathan
You have to file a complaint to registrar. After 15 days file an RTI Demanding status of your complaint and action taken report. You will get necessary solutions
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QW/VV/233/07.01.2016
As discussed please find the details
One flat owner complained about falling off ceiling plaster from the beam which had spread to other part of the ceiling. He has mentioned that as per clause 160 of bye law the cost of repairs to this has to be borne by the society.
Kindly let us know the legal aspects of this complaint and if the society has to bear the charges of repairs inside the flat. Conveyance deed not done to the society so far.
Please respond on above query...
Answer By V.Viswanathan
As per Bye-law 160, ceiling and roof has to be repaired by society which means outside the flat and not inside the flat. If society decides to do all ceilings at the time of major repairs ok. But cannot decide for one member ceiling inside.
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QW/VV/234/10.01.2016
This query is for amenities plot...
Does the Builder have the right to keep the amenities plot on his name even after the society is formed.Does the revenue generated from the amenites plot -ie : given to hospital on rent beong to only the builder or the society has a right over it?
Answer By V.Viswanathan
Any constructed portion, which has not been incorporated into FSI & easily accessible through a common passage for all members, , belongs to the society. Developer couldn't keep such area under his ownership or could let the same area on rent basis to anybody.
As per the deemed conveyance society become the owner of the whole land area.
If you haven't got deemed conveyance, please get it for society interest.
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Q QW/VV/235/10.01.2016
This query is for amenities plot...
Does the Builder have the right to keep the amenities plot on his name even after the society is formed.Does the revenue generated from the amenites plot -ie : given to hospital on rent beong to only the builder or the society has a right over it?
Answer By V.Viswanathan
Any constructed portion, which has not been incorporated into FSI & easily accessible through a common passage for all members, , belongs to the society. Developer couldn't keep such area under his ownership or could let the same area on rent basis to anybody.
As per the deemed conveyance society become the owner of the whole land area.
If you haven't got deemed conveyance, please get it for society interest.
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QW/VV/236/10.01.2016
If in case any of the office bearers resigns or falls out on compassionate grounds can any body from within the managing commitee take over for ashort period ie one year left for fresh election.
Answer By V.Viswanathan
If any casual vacancy arises or any changes in the designation of office bearers even for a short perod need to be done through the election authority only as per amendment done in MCS act, 1960
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QW/VV/237/16.01.2016
Does MHADA conducts a structural audit of cessed buildings in city.
Answer By V.Viswanathan
Yes
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QW/VV/238/16.01.2016
Dear Ramesh sir, there is no change in our committee members since last almost 6 years, now the past Secretary is keeping both the post, post of chairman and Secretary, how can it be possible, what the by laws says
Answer By V.Viswanathan
As per MCS act?1960, election has to be held once in five years, Two posts cannot be given to one committee member
So, your are advised to file a complaint to deputy registrar who shall appoint an authorised officer to manage the affairs of the society till election is held and handover the management to newly elected committee
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QW/VV/239/16.01.2016
If the AGM not completed b4 30th Sep, is it penalised to Society or Committee members??
Question from one of the committee member
Answer By V.Viswanathan
If the AGM is not held before 30th September, the society need to inform the registrar who shall appoint an authorised officer to conduct the AGM and fees of officer need to be paid by society. If members complain and wants committee to be penalised, Rs.5000 penalty may be levied , committee can be disqualified for five years from contesting elections and dismiss the committee also.
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QW/VV/240/20.01.2016
Dear prakashji can the 3rd co owner on the basis of a simple letter of consent given by the 1 st co owner ( staying abroad) vote in the MC elections without becoming an associate member. Form 5 not given Rs 100 not remitted. In short he has not applied for associate membership. Ramesh ji had said NO but I had not mentioned being a co owner his name is mentioned on the share certificate.
Answer By V.Viswanathan
Pls note that once the name appears in the share certificate as second or third shareholders along with first share holder, all 2nd, 3rd share holders are considered as associate members whether they have filled the form or not or whether they have paid entrance fees of Rs.100/- or not. In such cases, to attend AGM or general meeting and vote by such associate member no consent from first member is also required
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QW/VV/241/20.01.2016
Good Morning: can a Model Bye law as available in book form be modified by insertion / elaboration of clauses ?
Answer By V.Viswanathan
Yes. You may change the clauses of new model bye-laws by stating provisions in new model bye-laws, new provision the society wants to add, replace or delete and reasons and justification for the same.
In the normal couse, registrar would not accept any changes beyond model bye-laws as it is approved by commissioner and beyond provisions of Act, Rules and GR, circulars issued from time to time. Before rejecting any amendment a hearing will be conducted and the society should present the case properly to get the approval from registrar.
If registrar rejects, an appeal can be filed before Divisional joint registrar y/s 152 of MCS act and
If joint registrar rejects appeal, a revision of an appeal before Divisional he joint registrar can be filed before Hon'ble coop minister.
If rejected by minister, a writ can be filed before Hon'ble High court against the minister order.
Then you can also move before Hon'ble supreme Court by filing a special leave petition against High court order, if you are convinced that amendment I the bye-laws are legitimate and model bye-laws cannot be Imposed on the societies. As the heading itself speaks it is a model or guidelines to societies given while preparing new bye-laws
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QW/VV/242/20.01.2016
Can a Society collect say ₹ 200 per month for celebration of cultural festivals in monthly invoice ?
Answer By V.Viswanathan
Any contribution for common get together and social functions by taking majority decision can be collected from members.
I would suggest, while fixing service charges we estimate expenses like electricity; security, salaries of manager; house keeping etc, you have to estimate yearly budget for social functions and collect it as a part of service charges without a separate head. The controversy like I m not attending functions and should not be collected from our bill etc gets reduced. The expenses for social functions can be approved by General. Body.
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QW/VV/243/25.01.2016
Gm
My soc.failed to take AGM
No audit last 3 years
Today I am writing to dy.reg
U/s 75(5)for disqualification,
Is it d correct process?
Answer By V.Viswanathan
Yes
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QW/VV/244/25.01.2016
What if CA audited any CHS for consictive 3 years?
Answer By V.Viswanathan
As per section 81 of MCS act , effective from 14.2.2013, the panel auditors , can audit consecutive for 3 yrs
Even, if Bye-law provides two years, the same auditor can audit for 3 yrs as the MCS act supersedes bye-laws. As per supreme Court, bye law does not have force of law
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QW/VV/245/25.01.2016
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
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QW/VV/246/01.02.2016
Dear prakashji can the 3rd co owner on the basis of a simple letter of consent given by the 1 st co owner ( staying abroad) vote in the MC elections without becoming an associate member. Form 5 not given Rs 100 not remitted. In short he has not applied for associate membership. Ramesh ji had said NO but I had not mentioned being a co owner his name is mentioned on the share certificate.
Answer By V.Viswanathan
Pls note that once the name appears in the share certificate as second or third shareholders along with first share holder, all 2nd, 3rd share holders are considered as associate members whether they have filled the form or not or whether they have paid entrance fees of Rs.100/- or not. In such cases, to attend AGM or general meeting and vote by such associate member no consent from first member is also required
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QW/VV/247/01.02.2016
Good Morning: can a Model Bye law as available in book form be modified by insertion / elaboration of clauses ?
Answer By V.Viswanathan
Yes. You may change the clauses of new model bye-laws by stating provisions in new model bye-laws, new provision the society wants to add, replace or delete and reasons and justification for the same.
In the normal couse, registrar would not accept any changes beyond model bye-laws as it is approved by commissioner and beyond provisions of Act, Rules and GR, circulars issued from time to time. Before rejecting any amendment a hearing will be conducted and the society should present the case properly to get the approval from registrar.
If registrar rejects, an appeal can be filed before Divisional joint registrar y/s 152 of MCS act and
If joint registrar rejects appeal, a revision of an appeal before Divisional he joint registrar can be filed before Hon'ble coop minister.
If rejected by minister, a writ can be filed before Hon'ble High court against the minister order.
Then you can also move before Hon'ble supreme Court by filing a special leave petition against High court order, if you are convinced that amendment I the bye-laws are legitimate and model bye-laws cannot be Imposed on the societies. As the heading itself speaks it is a model or guidelines to societies given while preparing new bye-laws
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QW/VV/248/01.02.2016
Can a Society collect say ₹ 200 per month for celebration of cultural festivals in monthly invoice ?
Answer By V.Viswanathan
Any contribution for common get together and social functions by taking majority decision can be collected from members.
I would suggest, while fixing service charges we estimate expenses like electricity; security, salaries of manager; house keeping etc, you have to estimate yearly budget for social functions and collect it as a part of service charges without a separate head. The controversy like I m not attending functions and should not be collected from our bill etc gets reduced. The expenses for social functions can be approved by General. Body.
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QW/VV/249/03.02.2016
My soc.failed to take AGM
No audit last 3 years
Today I am writing to dy.reg
U/s 75(5)for disqualification,
Is it d correct process?
Answer By V.Viswanathan
Yes
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QW/VV/250/03.02.2016
What if CA audited any CHS for consictive 3 years?
Answer By V.Viswanathan
As per section 81 of MCS act , effective from 14.2.2013, the panel auditors , can audit consecutive for 3 yrs
Even, if Bye-law provides two years, the same auditor can audit for 3 yrs as the MCS act supersedes bye-laws. As per supreme Court, bye law does not have force of law
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QW/VV/251/03.02.2016
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
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QW/VV/252/05.02.2016
Mr Sir
Can a society by passing a resolution in the AGM change the by-laws and reduce the notice period given for the AGM to 10 days (as per the MC Act it is 14 days)
Is it legal?
What action should the minority members take?
Answer By V.Viswanathan
As per The MCS Act it is compulsory for M.C.to circulate AGM Agenda copy before clear 14 days of the AGM date.
General Body can't pass any resolution which over ruled the MCS Act in any matter.
If the are trying to do so, please file complaint in this regard at the office of your local Deputy Registrar.
Even one Member is enough to file complaint.
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QW/VV/253/03.02.2016
Can a society stop falt owners from renting /lease to bachelors in the societies after approving it in the AGM....
or marital status of a person cannot be a reason for not allowing him to take a flat on rent in the society. ?
Answer By V.Viswanathan.
Society can't deny to let flat owner to give his flat/shops on rental basis on Religion/Cast/Gender/Married/Unmarried/vegetarian/Non vegetarian basis.
It is the duty of flat/shop owner to make registered agreement, police verification, Nominal Membership Application and he has handover the same documents to the M.C. before giving physical possession of his flat/shop.
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QW/VV/254/07.02.2016
If in case any of the office bearers resigns or falls out on compassionate grounds can any body from within the managing commitee take over for ashort period ie one year left for fresh election.
Answer By V.Viswanathan
If any casual vacancy arises or any changes in the designation of office bearers even for a short perod need to be done through the election authority only as per amendment done in MCS act, 1960
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What is the recourse available
if it is denied by MC. Renting out to bachelors
Answer by Vimal
File complaint at concerned Deputy Registrar of Co operative society.
He will direct M.C.to let flats on Rent Basis to the Bachelor.
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QW/VV/255/07.02.2016
Dear sir
As our committee has 1 years left in his 5 years tenure, than also we have to adopt new bye laws,
If we accepting new bye laws we have to make new election as per law?
Answer By V.Viswanathan
Since the term of committee is five years, you will continue till the expiry of the term. By adopting new bye laws, you need not conduct elections before the expiry of the full term of 5 years. New Bye-law has to be adopted as there are many changes in the coop act, rules and election procedure as per Mah coop societies (election to commitee) Rules, 2014
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QW/VV/256/07.02.2016
The query is for amalgamation of flats should both flats be in same name?
What are the modalities pertaining to the same?
Please suggest some case laws on the said topic to oppose amalgamation.
Ans Veeraiah Gupta
Reply for query relating to amalgamation of flats:
Amalgamation of flats is being done by the builders un officially and without BMC clearance.
amalgamation of two flats may be regarded as structural alteration.
Strictly speaking it is illegal.
No case law on the topic to the best of my knowledge.
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QW/VV/257/07.02.2016
Sirji, whether a person who is admitted as a Member on d basis of Nomination is eligible to contest Socy. Election. 2) Whether such member can nominate someone. 3) A member has 3 flats in his name. But in one flat, his wife has jointly purchased d flat. Whether this woman and also her husband contest in d election. Wife from the flat where she is going owner nj thus Associate member. Whether wife has to obtain NOC from her husband to contest election.
Joint owner not "going owner". Pls correct it.
Answer By V.Viswanathan
1. Nominee is neither have any right to attend any G.B.Meeting nor he/she can contest M.C.election.
2.Nominee is a mere legal heir of the property after the sad demise of the original owner of the said property.
3.Wife can also contest the M.C.election as a joint owner of the said property with prior consent of the Husband whose name is reflecting as 1st owner of the property on the Share Certificate.
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QW/VV/258/07.02.2016
We are a newly registered Society under builder non cooperation route. We are 253 members and today is our First Constituted General Body Meeting. Please advise what rule applies while constituting the Provisional Committee. What should be the strength of this Privisional Committee. ? Is the 10/2/3 strength to be observed now or this can be followed when we conduct Elections after one year of Provisional Committee management.
Answer By V.Viswanathan
MCS Act's Rules &Regulations are applicable, same to both, Provisional committee and elected committee.
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QW/VV/259/10.02.2016
The query is for amalgamation of flats should both flats be in same name?
What are the modalities pertaining to the same?
Please suggest some case laws on the said topic to oppose amalgamation.
Answer By V.Viswanathan
Reply for query relating to amalgamation of flats:
Amalgamation of flats is being done by the builders un officially and without BMC clearance.
amalgamation of two flats may be regarded as structural alteration.
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QW/VV/260/10.02.2016
was-After death of member, d Nominee is admitted as Member on d basis of the Nomination made by d deceased Member. Whether such member can contest election. Legally this person does not have stake in the property. Legal heir certificate is yet to be submitted to d Socy. After being admitted as Member, whether such person who was d Nominee of the deceased Member make nomination in favor of another person?
Answer By V.Viswanathan
1.Before transferring the Share Certificate it was duty of the M.C.to get Legal Heir certificate from the nominee
2.Now nominee has become the member of the society, so he can contest the M.C.election but first let him submit his Legal Heir Certificate or else any litigation issue may be raised by original owner's other Sons, Daughters & Spouse or don't allow him.
3.As M.C.has accepted Nominee as owner of the said property cum member of the society, he has right to make nomination if he succeeds to submit his legal heir certificate
4.If nominee fails to submit his Legal Heir Certificate within reasonable period, pass resolution to reverse original decision of transferring share certificate .
5.Minimum six months gap is required to pass above said new resolution to nullify 1st resolution of his membership.
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QW/VV/261/10.02.2016
A person purchased a resale flat at Kamothe after registration of society. Parkings were allotted by the builder. Is the builder still authorised to allot unallotted parking slot directly to the second purchaser?
Regards
Lt Dinesh Singh.
Answer By V.Viswanathan
1.Developer don't have right to allot car parking space at any stage.
Neither at the time of construction nor after completion of building.
2.Only M.C.has right in this regard.
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QW/VV/262/15.02.2016
In continuation to above parking query; I wish to know if a 25 year old Society with pending land conveyance can allot or rather ear mark parking places fir it's Members?
Answer By V.Viswanathan
1.With the permission of General Body and after passing Resolution for the same effect, M.C.can allot car parking space
accordingly.
2. There is no connection between pending conveyance & parking allotment.
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QW/VV/263/15.02.2016
ji, if the Assoc member has stake in the property, his name is second in d share cert, is he still reqd to fill up form 10-A, n submit d NOC frm d first named member.
Answer By V.Viswanathan
Yes. Noc from first member required to contest the election by the associate member in firm no.10-A is required to be given.
Who can call Special/Extra ordinary General Body meeting? Chairman or Secretory
Who can call Special/Extra ordinary General Body meeting? Chairman or Secretory.
Answer By V.Viswanathan
Either chairman, or majority of M.C.Members or 1/5 of General Body can call SGM.
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QW/VV/264/15.02.2016
Dear sir if a flat is in a joint name of a father and daughter but 1st name is of daughterand she has become Nri can she surrender her right and the name can be transfered to father's name though the bank loan is also being paid by father & share certificate is also in joint name Pl guide with regards
Answer By V.Viswanathan
After getting Bank's Loan Forclosure NOC, Daughter's consent & undertaking for indemnify society in this regard, M.C.can transfer Daughter's 50% share in the name of her father.
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QW/VV/265/15.02.2016
In our society we have club house facility like swimming pool,Gym.,Squash court etc. Out of 268 flats few members are using.
Society have Banquet hall. My question is society is taking rent for using Banquet hall by members and for other facilities like Gym. Swimming pool, Squash court they are not charging any fees.Maintenance of such amenities is paid by all members. Only few members are using.
How far it is correct? Is their any law that members using these should pay and from that income maintenance of this amenities should be done
Answer By V.Viswanathan
As per the MCS Act, every member has to pay maintenance charges for the common facilities/amenities available for the whole members in the area of the society.
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QW/VV/266/15.02.2016
Is there any charges that can be levied or collected by society in sale/transfer of flat other than transfer premium. Dear sir could anyone clear this doubt
Answer By V.Viswanathan
1 . Society can collect only Transferfees, Membership fees & Maintenance charges from the flat purchaser and nothing else.
2.If there is any balance due for the said flat, same has to be recovered from the old owner before transfering the flat in the name of the new owner in society record.
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QW/VV/267/18.02.2016
After the election a new comm is elected and ask the old comm to handover the documents lying at society office in presence of the all the new comm members.
The old comm is not responding. Pls suggest wat actions can be taken.
Answer By V.Viswanathan
Please don't accept any document randomly.
First let Old M.C.to prepare list of each & every document. Compare the list & actual document old M.C.is going to hand over to new M.C
Please keep copy of the list in possession of the new M.C for any future reference.
List of the documents should be acknowledged by both old & new M.C.Members.
If old M.C.is not ready to hand over all documents to new M.C. or ready to hand over without giving list of documents, please make complaint at concerned DR.
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QW/VV/268/18.02.2016
Dear Sir
If society wants to get deemed conveyance which has its own boundary on a common plot then in that case can society get individual deemed conveyance?
Answer By V.Viswanathan
Yes. It is advisable that you meet our legal team with prior appointment on 42551414/32 with documents like property cars, approved plan and copy of one agreement
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QW/VV/269/19.02.2016
Is there any charges that can be levied or collected by society in sale/transfer of flat other than transfer premium. Dear sir could anyone clear this doubt
Answer By V.Viswanathan
1 . Society can collect only Transferfees, Membership fees & Maintenance charges from the flat purchaser and nothing else.
2.If there is any balance due for the said flat, same has to be recovered from the old owner before transfering the flat in the name of the new owner in society record.
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QW/VV/270/24.02.2016
please help me understand whether a member who has not completed 2 years of membership in co-op society is allowed to contest elections in society and can he be made treasurer of society?? If it has appened, then what should he do, as he was unaware of such law?
Answer By V.Viswanathan
In case of CHS, from day one of becoming Member of the society,
Said member can contest M.C.election as well can be appointed treasure of the society.
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QW/VV/271/24.02.2016
If a person buy a flat under construction with 100% down payment in redevelopment building in February 2010. After 3 slap builder stop construction since April 2010. As per unregistered agreement building is supposed to complete in 2013. At present he is paying rent regularly to old. Tenant . but not giving proper response to New buyer. What is the remedy available with new tenant now
Answer By V.Viswanathan
1.If developer is not replying properly, flat buyer can knock the door of consumer forum.
2.In his agreement there must be a clause regarding tentative possession date.
He should high light this clause in consumer forum . Thus he could get some compensation for delayed possession.
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QW/VV/272/24.02.2016
Whether trf of 50% by daughter to father should be through registered Gift Deed or any other Instrument.
Answer By V.Viswanathan.
Sorry for replying little late.
1.Daughter can transfer her 50% share in the name of her father by executing Registered Gift Deed with appropriate payment of Stamp Duty accordingly.
2.No other documents require for transfering her share.
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QW/VV/273/24.02.2016
Are sweepers and watchmen employees of Society?
Answer By V.Viswanathan.
If they are engaged through a contractor for which money is paid to the Contractor then they are not employees of the Society; if they are paid salary directly by the Society they would be regarded as Society's employees.
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QW/VV/274/24.02.2016
Can a Society collect say ₹ 200 per month for celebration of cultural festivals in monthly invoice ?
Answer By V.Viswanathan
Any contribution for common get together and social functions by taking majority decision can be collected from members.
I would suggest, while fixing service charges we estimate expenses like electricity; security, salaries of manager; house keeping etc, you have to estimate yearly budget for social functions and collect it as a part of service charges without a separate head. The controversy like I m not attending functions and should not be collected from our bill etc gets reduced. The expenses for social functions can be approved by General. Body.
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QW/VV/275/24.02.2016
Dear sirs, we don't have the conveyance in the name of society. Without that can GB resolve to construct a badminton court and a ramp parking in the society.
Answer By V.Viswanathan
Yes. Once the society is registered, all the common areas are to be maintained and managed by registered cooperative Housing society. Society need not wait for conveyance to grant any facilities to its members
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QW/VV/276/25.02.2016
can u guide us reg auditor too. v have appointed auditor who is not empaneld in the last Agm held. v have written abt this to registrar with reminder but no response.
Answer By V.Viswanathan
You have done your job of informing registrar. Next time appoint a panel auditors.
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QW/VV/277/25.02.2016
Builder would like to know about the formation of co-operative society situated at kalina. How to apply & whom to approach as federation office is not providing proper information to the query
Vasant Heble : Dear Sir query received from one of the Kalina member
Pls reply on same
Answer By V.Viswanathan
Please file an application under RTI, asking required details at the office of the local or concerned Deputy Registrar of Co operative society as well as at the office of the Federation of Co operative society, Mumbai.
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QW/VV/278/02.03.2016
Vasant Heble : Builder would like to know about the formation of co-operative society situated at kalina. How to apply & whom to approach as federation office is not providing proper information to the query
Dear Sir query received from one of the Kalina member
Pls reply on same
Answer By V.Viswanathan
Please file an application under RTI, asking required details at the office of the local or concerned Deputy Registrar of Co operative society as well as at the office of the Federation of Co operative society, Mumbai.
Dear Sir,
we are aware of the RTI process if possible please let us the complete information & documents require & procedure about formation of Co-op HSG SOC.
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QW/VV/279/02.03.2016
Dear Sir,
I would like to know process of forming housing society and register it, where total number of members is 6(six).
I was told by someone that to form a housing society, minimum number of members should be 12. Is it so ?
What is other alternative ? Kindly guide me
Thanks - Dilip N Shinde
Answer By V.Viswanathan
Minimum members required to form the co op hsg society is 10 or 60% of flats sold in the building whichever is more.
We can get your society registered by getting special order issued by coop minister under section 157 of the Maharashtra cooperative societies Act, 1960.
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QW/VV/280/02.03.2016
1. How much maximum amount society can levy for entry to new occupant of resale flat for providing society membership ?
Answer By V.Viswanathan:
As per the government notification dated 9th August 2001 by the Govt of Maharashtra under section 79A of MCS act, coop hsg societies can charge transfer fees as may be decided by General body which shall be upto Rs. 25,000/-.
In other words, society can charge transfer fees not exceeding Rs.25000/- to transfer membership to new person who has purchased the flat on resale.
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QW/VV/281/05.03.2016
Can society charge for providing NOC for mortgage of resale flat ? If yes, maximum cost ?
Answer By V.Viswanathan:
No. Giving NOC for mortgage and other letters of residence etc are normal services to be given by the society. In case, society need to take a legal opinion before issuing g such NOC and by passing a resolution in the General body meeting such actual cost incurred may be recovered from such member as such legal opinion is taken execlusively to provide service to such members.
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QW/VV/282/08.03.2016
Hi Good Morning I am C.A. and my query is w.e.f. 01/06/2015 service tax has been amended. Have this ammendments were effected on maintain charges received to Co-op Society. ? And how? Kindly revert.
Answer By V.Viswanathan:
There is no change in servicetax law on or after 1 st june 2015 impacting service Tax implications of societies. Servicetax rate is enhanced from 12.36% to 14%..
For Housing societies, if monthly maintenance charges excluding property tax is less than Rs.5000/- , service tax is not applicable
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QW/VV/283/10.03.2016
In case of Commercial Complex exemption of Rs. 5,000 is not available. Its only for residential complex.
Answer By V.Viswanathan
Sir,
In case of Commercial Complex exemption of Rs. 5,000 is not available. Its only for residential complex
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QW/VV/284/10.03.2016
Can you pls inform when Service tax is payable by society? I.e within what timeframe?
Sir, whether service tax is payable within 7 days of receipt of maintenance charge or within 7 days from the month of receipt of charge. Request if this can be clarified.
Answer By V.Viswanathan
In case of society Service Tax shall be payable monthly by 6 of next month except in case of March month on 31st March.
Since point of taxation is the date of bill, whether the members pay the amount or not, the service tax included in the bill in a particular month should be deposited by 6th of the following month. Thus if some members do not pay maintenance charges, still society will be liable to pay service tax based on the billing date on accrual basis.
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QW/VV/285/14.03.2016
Hi regarding filing 101 against defaulters is there any limits or outstanding amount if exceed then only we can file against 101?
Answer By V.Viswanathan
No minimum or maximum amount. The managing committee may decide any amount and file cases of recovery u/s 101
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QW/VV/286/14.03.2016
Dear Ramesh Sir, under the byelaws a resident who wish to repair and renovate the flat needs the permission of the society to do so. Given the applicant is a defaulter, can the MC reject such application with clearly specifying the reason of default in payments. My reading is the byelaws doesn't explicitly define this aspect.
Answer By V.Viswanathan
The Govt of Maharashtra has issued an order dated 02.11.2002, advising registrar not to entertain any complaints of defaulters.
The said notification is uploaded on our website on ;
Www.housing.org
In your case, member has money to renovate but does not want to contribute outgoings of society can a strong reasons to state that application shall be considered only after clearing the society dues.
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QW/VV/287/14.03.2016
Hi can Treasurer act as an accountant?
Answer By V.Viswanathan
Section 64 of Maharashtra cooperative Societies Act, 1960 provides for distribution of funds of the society. Proviso to section 64 is as under:
"Provided further that a member may be paid remuneration on such scale as may be laid down by the bye-laws, for any services rendered by him to the society "
Pls note, if treasurer is the responsible person to maintain accounts. He can do it himself or by paid accountant. The accountant will be doing the accounts as directed by the treasurer. If the treasurer is authorised to write accounts on honorary basis. He can also write accounts for which society by passing resolution in the managing committee or General body can pay to the treasurer. Before becoming treasurer , he is a member of the society. The law provides for compensating to the member for any additional work done by them which otherwise would have been paid to an outsider.
Audit cannot be done by any commitee member. MCS act or Rules do not prohibit the member of the society to do the audit, if he is in the panel of auditors.
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QW/VV/288/14.03.2016
Hello.Good evening Sir. If a member of the society expired,nominee created by him/her can become the member of the society by obtaining the membership by way of Nomination and are known as trustee.This rule is applicable even if the nomination is created by the deseased member in the name of his/her blood relationship such as wife,son or daughter.And if such nominee wants to have the absolute ownership of the said flat for having it disposed off,they are also bound to have succession certificate or letter of administrator from the court of law to prove their eligibility to do so.Please advise.
Answer By V.Viswanathan
I agree with your views that nominees are only trustees of property till legal heirs are brought on record whether the nominee is blood relative or not.
The legal heirs can be brought on record in different ways:
(1) If there is WILL get the probate where applicable.
(2) Succession certificate from testimantory dept , if there is movable only or it includes immovable properties
(3) Letter of administration from testimantory dept for exclusively immovable property to manage and own
(4) Heirs hip certificate from the district court and registration of release deed in favour of the legal in white name it need to be transferred. Such release deed need to be compulsorily duly registered by paying applicable Stamp duty
(5) Executing gift deed duly stamped and registered in favour of legal heir
(6) An affidavit Cumbria indemnity Bond by all legal heirs in whose name property to be transferred , issue of public notice by society advocate inviting claims and objection as per registered bye-laws of society by taking no claim certificate from advocate and thereafter registering the release deed by paying applicable Stamp duty and registration of the same.
Merely by taking NOC from legal heirs by an affidavits without getting it registered will be a defective title and will invite litigation by legal heirs or property will not have free and marketable title
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QW/VV/289/14.03.2016
Hi Good Morning I am C.A. and my query is w.e.f. 01/06/2015 service tax has been amended. Have this ammendments were effected on maintain charges received to Co-op Society. ? And how? Kindly revert.
Answer By V.Viswanathan
There is no change in servicetax law on or after 1 st june 2015 impacting service Tax implications of societies. Servicetax rate is enhanced from 12.36% to 14%..
For Housing societies, if monthly maintenance charges excluding property tax is less than Rs.5000/- , service tax is not applicable
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QW/VV/290/14.03.2016
Hi Good Morning I am C.A. and my query is w.e.f. 01/06/2015 service tax has been amended. Have this ammendments were effected on maintain charges received to Co-op Society. ? And how? Kindly revert.
Answer By V.Viswanathan There is no change in servicetax law on or after 1 st june 2015 impacting service Tax implications of societies. Servicetax rate is enhanced from 12.36% to 14%..
For Housing societies, if monthly maintenance charges excluding property tax is less than Rs.5000/- , service tax is not applicable
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QW/VV/291/14.03.2016
Dear CA. Manish Gadia Ji,
In case of Commercial Complex exemption of Rs. 5,000 is not available. Its only for residential complex.
Answer By V.Viswanathan
Sir,
In case of Commercial Complex exemption of Rs. 5,000 is not available. Its only for residential complex
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QW/VV/292/18.03.2016
CA.Manishji: thanks for sharing info on service tax. Can you pls inform when Service tax is payable by society? I.e within what timeframe?
Sir, whether service tax is payable within 7 days of receipt of maintenance charge or within 7 days from the month of receipt of charge. Request if this can be clarified.
Answer By V.Viswanathan
In case of society Service Tax shall be payable monthly by 6 of next month except in case of March month on 31st March.
Since point of taxation is the date of bill, whether the members pay the amount or not, the service tax included in the bill in a particular month should be deposited by 6th of the following month. Thus if some members do not pay maintenance charges, still society will be liable to pay service tax based on the billing date on accrual basis.
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QW/VV/293/18.03.2016
Sir good evening.kindly guide that after cirulating AGM minutes to the society member,if any objection ìs to be taken regarding any point written in minutes... what is the time limit to submit letter to secretary after receiving minutes.dr r d singh thane.
Answer By V.Viswanathan
Within 15 days of circulation of draft minutes any members can give suggestion and objections as per new 2014 Bye-law no. 108 and old bye-laws no.109
Thereafter, the managing committee can consider such objection and modify minutes or reject such suggestion given by the members.
If any member is aggrieved of not including his suggesteions/ objections or challenging any resolutions or minutes can be done only in Cooperative court u/s 91 of Maharashtra cooperative Societies Act, 1960
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QW/VV/294/18.03.2016
Hi chairman of our society had two flats in the same society one of Flat he given on Rent but when the management committee ask him about that he always says that they are his relatives and or guest in our society we charge 5,000 for those who are given their flats on rental basis is there any provision to dealt with this please share.
Answer By V.Viswanathan
You have to take an indemnity Bond from the members when they keep any person on caretaker stating the relationship and how the are exited from charging g dues applicable to other members.
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QW/VV/295/20.03.2016
Sir
In this answer of yours point
No. 4 is not clearly understood by me.
What is legal Heirs hip certificate
Would appreciate a clarification please.
Answer By V.Viswanathan
In a coop hsg societies, on the demise of any members, such deceased members shares are transferred to legal heirs by taking affidavit and indeminity bonds from the legal heirs and completing formalities given in the bye -laws.
If there is a WILL it gets probated or succession certificate or letter of administration is taken in metropolitian area.
However places other than metropolitian areas, the family members have to apply to Tashildar or district court on the demise of any person as to who are the legal heirs to inherit the property The court after receiving the petition from any person declaring him or her along with others to declare them as legal heirs of the deceased person. Such order is known S legal heirs hip certificate
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QW/VV/296/20.03.2016
Sir
U have mentioned before a member stands disqualified if he is inactive
Can any member be actually declared inactive before April 2018.
5 AGMs wef 14/2/13 will be
2013,14,15,16,17. But the end of the financial year 31st March 2018 we have to inform within one month
Answer By V.Viswanathan
There are 3 conditions to declare a member as non active.
The condition of attending General body is one of the conditions which becomes operative as you say only after 2018.
Regarding irregular payment can be another reason and sale of flat or associate member is not having interest in the property etc can be the reason which becomes effective on the the date of approval of new bye-laws by the registrar.
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QW/VV/297/20.03.2016
We want your advice on the following mentioned points.
And for this ur advice is necessary.
1. IN our 19th AGM we had 9 points of agenda.
But without agenda GENERAL BODY forced chairman to resign.
Whether it is VALID or NOT.
Answer By V.Viswanathan
No person , managing cimmittee or General body can force any elected maanaging committee / office bearers to resign. It is the power vested with Registrar of the ward only after giving sufficient time and opportunities to put up his/her say mat remove the committee member / office bearer under section 77A of the MCS Act. So the Act of general body to force the chairman to resign is illegal and invalid. If he has resigned on such force, he can call back or withdraw his resignation by addressing letter to all members / committee and registrar
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QW/VV/298/25.03.2016
2. MR.SURVE resigned from chairmanship IN AGM.
According to our understanding MR.SURVE is continued to be a management committee member.
Subsequently GENERAL BODY appointed Mr.Vichare in replacement of Mr. SURVE as a new Management committee member in AGM...whether it is VALID OR NOT?
Answer By V.Viswanathan
The casual vacancy arises due to death, resignation etc can be filled only by conducting by election in the society by duly appointed election officer. Even changes in the office bearers also need to be done by the duly appointed election officer. Therefore, appoinyment/ co-option or election of another committee member in the general body without inviting the returning officer appointed by the State coop election authority or registrar is illegal and invalid. Pls inform this to the registrar who shall take necessary hearings in such a matter and give his verdict or take necessary action to rectify such illegal actions of the general body.
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QW/VV/299/25.03.2016
One of our senior management committee member called new committee member(Mr.Vichare) in one of Management committee meeting as an INVITEE MEMBER..
Does that new committee member (Mr.Vichare) has a voting right or not?
Ans: The MCS Act, 1960 provides for co-option of two expert directors who are members of the society or not to guide and give professional advice to the committee. Thus it is a valid to coopt such a senior member of the society as expert director. He does not have voting rights in the matter of election of the office bearers and also cannot become office bearers. He has a voting rights on all other regular resolutions or decision to be taken when the matter is put to vote like any other committee members
We have adopted modern bye-laws.
Answer By V.Viswanathan
Whether u have adopted the new model bye-laws or not, the answers given above are as per the Amended MCS act, 1960 and MCS Rules 1961.
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QW/V300/25.03.2016
If there is a change of members in managing committee, is it required to conduct election ? If not what procedure to be followed.
Answer By V.Viswanathan
Yes. Whenever any one committee members to be elected due to casual or entire committee to elected due to resignation of old committee or on account of expiry of the terms or even there is interchange of office bearers or election to the office bearers need to be done by the duly appointed election officer by the registrar.
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QW/VV/301/25.03.2016
Querry- in case of co op hsg society while filing itr 5 do we need to give details about audit under mcs act.....? If we don't then how due for filing of return Will be 30 Sept.....?
Answer By V.Viswanathan
Yes. U have to state that accounts are audited under another Act and then only the due date for filing return of income shall be 30th September
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QW/VV/350/07.07.2016
Plz help us vishwanathan sir..
I am one of the committee member of my society...one of the society member not yet paid the maintenance due since last few year...he had SM politics connection where no one want to take any legal action against him....now he want to settled down his due but does nt want to pay any interest or penalty charges......
For waiving any interest or penalty...is it we have to put this issue by calling SPL general meeting or we committee member has rgt to waive the interest....
plz reply sir
Answer by V. Viswanathan
I believe in one thing, a person becomes stronger more because the other person becomes weaker. Even if the concerned person is a MLA the law cannot be different for him. I know it's easy said than done. Now as per law you have to call a general body meeting and if the body agrees then you can waive interest not principle under any circumstances . But be ready that if general body agrees for him then why not for other members
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QW/VV/351/06.07.2016
Dear sir.incredible case
One good family rental party hv booked the flat through agent .
agreement done before 3 day of agreement date.key was handover to tenant by owner on agreement date as received deposit & pdc cheques.
Suddenly society office bearer comes to know from someone about nusence made by tenant in other society not give flat rent to that tenant.
Agent were not aware about nusence made by tenant in previous society.
On 29 th Owner orders to agent cancell the deal before residing.
Now tenant oppose to out of flat as spended expences made agreement .shifting . They says we hv not stayed one day or not done nusence here .its not our guilty before residing if owner want to cancell owner hv to pay all expenses which we hv spend in deal.
What is your opinion sir ? Should owner have to pay all expences of tenant to vacant the flat .
Pls reply
Answer by V. Viswanathan
Ideally the leave and licence agreement that is made should be read and interpreted properly . Normally there is notice period to be given by the either party. If such clause exist then better would be to follow that so that the licensee can be made to vacate the flat as per the terms of the agreement
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QW/VV/352/07.07.2016
Dear Sir, I have genuine problem of sepage problem from window wall. This happens only during rainy season. Water is moving to other wall. We have to keep bucket underneath dripping water. I had informed and submitted letter to society a year back. They came and saw themselves and said they will get it done. Now year passed and nothing has been done. Before monsoon I had informed them and said same they will get it done. I have been paying my society bills regularly. Need your views how this can be solved legally. Thanks n Regards
Answer by V. Viswanathan
Really a genuine problem. Presuming that you have sent letters to society and have a proof of it with proper acknowledgement, approach the deputy registrar with a complaint under section 78 of the act to remove the committee for inaction.
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QW/VV/353/07.07.2016
Hi our society one member has given general power of attorney to his brother name can through this power of attorney his brother is eligible for participating committee member or taking post of Secretary or chairman.or can he became member of our society. Please guide me.
Answer by V. Viswanathan
Power of attorney has no validity under the societies act. The person has to be a owner to be able to participat
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QW/VV/354/07.07.2016
I own a flat which has adjoining terrace , I am the second owner , the builder has alloted half terrace to the 1st owner (written on builders letter head)
Can I use the terrace or it is not legal ?
Answer by V. Viswanathan
If the terrace has access to it only from the flat which is owned by you then you can use it. If not then the right gets shifted to the society . Technically a open terrace cannot be sold as it is free of FSI
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QW/VV/355/02.07.2016
Sir, There is leakage in our flat in 1st floor and we suspect that it is because of flat above us on 2nd floor. The above flat is closed from several years. The society acting committee is unaware of whereabouts of owner. I raised a complaint to society.
Can the committee open up the closed flat directly ? Does it require police or municipality intervention ? Please advice on urgent basis. Thanks in advance
Answer by V. Viswanathan
Normally if there is leakage from the upper floor to the lower floor then the committee has to write a letter to the upper floor member upon getting a written information about the same from the affected member. However in the given case the upper floor flat is locked and no one knows the whereabouts of that member. Before that there should be a conclusive evidence that the leakage is not from any other place and therefore a circumstantial evidence that it is from the flat. The society have to approach the police , revenue department with proper application who in turn will depute their officers with two respectable witnesses break open the flat and arrest the leakage and later lock it. It's not as easy as said. Requires professional services.
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QW/VV/356/02.07.2016
Sir for increment in the watchmen / sweeper salary, can managing committee takes the approval from committee members on Whatts App,Phone calls ,Email if members are busy without conducting any managing committee meeting.
Answer by V. Viswanathan
A meeting means a get together of persons in person and deliberate face to face. Technically it would not be a meeting. A practical suggestion, not opinion, would be to circulate a resolution copy to all the committee members and take their respective signatures and keep the same on record . Later to be signed in the minutes book. This suggestion is good only in case of emergency and immediate decision making. Increment of salary is no emergency. Society may take a call at their own peril.
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QW/VV/357/07.07.2016
Please guide me for the following no 1 G .B.Meeting who can attend & ago is not no 2 what to do if anyone over write on the original documents share certificate stamp duty and registration name is out side person no 3 flat registered 20 years back flat. Owner residing abroad paying maintenance bill regularly except water. Bill he has not done nomination please let me know as secretary i want to update every members records with our society
Answer by V. Viswanathan
1. Only members can attend G body meeting. 2. Did not understand the question 3. Maintenance and water charges the member has to pay. As far nomination is concerned if he has not done it we as society does not have to do anything
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QW/VV/358/07.07.2016
If you possible please guide me In our society 2008- 2015 pending so one auditor audited 7 yrs auditor it's right as per co operative laws? and again same auditor for 15- 16? As per my knowledge same auditor not possible more than 3 yrs Please guide me our society doing correctly? 8 yrs same auditor
Answer by V. Viswanathan
As far as audit is concerned such cases are not defined or clarified in the act. I derive that if the audit for 7 years is done at one time with same date of audit
Report then it is taken as one year and therefore he can do audit for another two years . It is on the basis of reports. This is my personal opinion **************************************************************************************************
QW/VV/359/10.07.2016
Sir please sugest me.
election officer did not help us because of his personal other societies audit n accounting work so he is not takes election.
How to replace him?
Answer by V. Viswanathan
Better if you can take a letter from him expressing his inability to do it . If he doesn't do it you may complaint to SCEA, deputy registrar and DDR about the same
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QW/VV/360/10.07.2016
Registered Society & handed over by builder in October -2015. Whether to prepare Balance Sheet for 5 months & get it audited before 31.07.2016 ? OR as it's not completing full year, it can be audited with next F.Y. Balance Sheet ?
Answer by V. Viswanathan
Unlike companies act there is no provision in the MCS act to prepare financial accounts for more than 12 months . Under the MCS act it has to be done for five months for the first year in this case.
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QW/VV/362/17.07.2016
Dear Vishwanathan Sir,
We have registered few societies online at mahasahakar@maharashtra.gov.in & went to Dy. Registrar office, Vasai for verification. They kept registration details with them & informed us that they will inform us in few days after verification.
Only after verification, we will come to know whether any Auditor is appointed by Registrar.
My question is - suppose verification is not done in time, can these societies do audit thru Auditor appointed by Society (without generating order in his name, as order can be generated only after verification).
If answer is no the what is the solution.
Answer by V. Viswanathan
Your question is valid but alas I don't have a legally valid answer for it. However have a practical solution to it. Do the following
1. Write a letter to deputy registrar asking for the update on the application done by you with copy marked to district deputy registrar (DDR) and district special auditor (DSA) and also the commissioner of cooperation pune.
2. Another letter informing that since you update is given we are proceeding with the auditor so appointed by us in AGM with intention to comply with law.
That's all you can do.
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QW/VV/363/17.07.2016
Hello Mr.Vishwanathan
My query is as under:
Married Daughter is single owner of flat and nomination filed in her mother name. Now she want to transfer her flat in her mother's name. Let me know what is the procedure required to complete.
Further :
1) Whether documents need to registered?
2) Whether stamp duty is applicable?
3) Whether transfer fees is applicable.
4) Any more documents required from owner?
Answer by V. Viswanathan
Since daughter wants to transfer to mother then stamp duty will be required. If gift deed is to be made stamp duty would be 3% and registration fees 1%. Society transfer fees 500/- and premium is NIL
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QW/VV/364/17.07.2016
Please let me know in housing society if society working under administrator then administrator have right to take diwali bonus as a one month his remuneration.
Answer by V. Viswanathan
Bonus is applicable to only a person who is employed. Administrator is not an employee of the society but a person appointed because of trigger of a provisions of MCS act. Therefore he is not legally eligible for Diwali bonus. Just for information administrator concept is done away with as per the new MCS act
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QW/VV/365/17.07.2016
As per above news if society audit is not done n submitted before 31st July registration will be cancelled. Are we getting any extension???. will they really cancel registration if accounts not submitted before 31st July????.
Answer by V. Viswanathan
As per MCS act the audit has to be completed by 31/7 every year. In case the same is not done the managing committee may face penal action under section 146/147 of the act. Even though there is provision in the act to deregister the society, fortunately the registrar is not initiating action Atleast for this year . However be ready from next year onwards. There is no extension available as per provisions of the act
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QW/VV/366/17.07.2016
Sir our society is due for the election this year... V had sent the requisition to d registrar's office in the month of Jan and till date v haven't received and dates for d election.... our society has decided the AGM date so can v go ahead n get the elections done in d AGM....
Answer by V. Viswanathan
Elections has to be conducted only as per the new election rules as mentioned in the MCS act and not otherwise. The correct procedure for election is that each society has to fill in form E-2/E-3 online (compulsory ) Atleast six months prior to completion of their term and submit a copy to deputy registrar also (this is not compulsory). For doing online application your society should be registered online first. Once this is done the election officer would be appointed by the state cooperative election authority (SCEA) pune who in turn will authorise local deputy registrar who in turn sends a election officer. If you have done this procedure in Jan then write to SCEA in pune (address can be obtained on our website) and deputy registrar else complete the procedure and then complain
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QW/VV/367/17.07.2016
In case an office bearer has resigned, for how long will he have to continue if the society does not find replacement or keeps delaying the decision thru AGM.
Answer by V. Viswanathan
Technically the moment any office bearer has resigned the remaining committee has to intimate the deputy registrar and SCEA almost immediately. For replacement with new committee member please follow the same procedure of election as mentioned herein Elections has to be conducted only as per the new election rules as mentioned in the MCS act and not otherwise. The correct procedure for election is that each society has to fill in form E-2/E-3 online (compulsory ) Atleast six months prior to completion of their term and submit a copy to deputy registrar also (this is not compulsory). For doing online application your society should be registered online first. Once this is done the election officer would be appointed by the state cooperative election authority (SCEA) pune who in turn will authorise local deputy registrar who in turn sends a election officer.
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QW/VV/368/17.07.2016
Does associated member in CHS can be office bearer. I mean can he be part of managing committee or become Secretary/Teasurer/Chairman
Answer by V. Viswanathan
Yes, associate member can be an office bearer. However the definition of associate member has changed since 2013. It means that the person who's name stands second In the share certificate and his name should also be in the agreement.
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QW/VV/369/17.07.2016
Thank you for your reply. With this second question arise. Procedure to get the name on share certificate and on agreement?
Answer by V. Viswanathan
Pay the requisite stamp duty do the registration fill in the transfer forms and submit to society for stamp duty
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QW/VV/370/17.07.2016
Dear Sir
If a member sells his flat along with his stilt parking he purchased from bldr, for which the bldr given him a allotment letter only and not mentioned in the flat agreement, is right? If he has no right for sale to the new entrant, what about the ownership of parking after sale of flat. Kindly advise.
Answer by V. Viswanathan
Technically parking Cannot be sold . Builders do sell parking and gives such allotment letter to
Owner. Since the purchaser has no right over the parking he has no right to sell either . However practically one has to understand the issues and take a call.
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QW/VV/371/17.07.2016
What is the stamp duty if the name of blood relation or spouse is to be added as second person in agreement?
Answer by V. Viswanathan
The relations which enjoys reduction in stamp duty are husband, wife, son, daughter, grandson, granddaughter and wife of the deceased son are the only 7 relations which enjoys such benefit and that too only for residential property and agricultural land
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QW/VV/372/05.08.2016
Dear Viswanathan Sir, our treasurer has resigned the post in the month of April, 2016 and in his place we have appointed another person from managing committee. Now, issue arise that who will sign the account as approval. 1st treasurer is not signing the account for the year 2015-2016
Answer by V. Viswanathan
Firstly the society cannot appoint anyone in place of the treasurer it has to be as per election rules. Regarding the signature anyone who is the committee member / office bearer as on the date of signing the financials should sign. The responsibility of the accounts will be with the person who was in charge of it irrespective of the fact who has signed it
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QW/VV/373/05.08.2016
Dear sir one family interested to buy a flat in our society, they are born in India but originaly they are chinese they had aadhar card pan card n birth certificates of india .
Answer by V. Viswanathan
If they have indian citizenship and also PAN and Adhaar card then i find no reason for them to buy a flat . This should not be assumed as a legal opinion
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QW/VV/374/05.08.2016
Dear Vishwanathan Sir,
Question : Committee changed in June after election by DDR.
Who has to sign Balance Sheet for 2015-16, old committee or new committee ?
Answer by V. Viswanathan
The committee subsisting on the date of signing the balance sheet should sign it. It's a myth that if the new committee signs then they will be responsible for the deeds of the entire year even if they were not in committee. Every person is responsible only for the period for which he was in the committee and not a day more or less
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QW/VV/375/07.08.2016
Dear Vishwanathan sir,
Please find my reply to each of the question below
The vendor is charging 0.5% as SBC charges and 14% as service tax, 250 as professional tax, 400 for his margin + 1month salary Rs.7150 as a bonus ( which includes salary of 6500+400 his margin+ 250 professional tax) for an office staff hired ( outsourced) from him.
In bills Pan No., service reg No. and VAT TIN No. and CST TIN No. with effect from 7th Aug 2015 is mentioned.
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QW/VV/376/07.08.2016
1.what is SBC charge? Is it valid in this case?
Answer by V. Viswanathan
SBC is Swach Bharat cess and its correct.
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QW/VV/377/07.08.2016
Is service tax and other charges mentioned above is applicable for a society if the turn over of his company is less than 10,00,000
Answer by V. Viswanathan
Legally a person is required to charge, collect and pay service tax only after he crosses a turn over of 10 lakhs however he may even volunteer to pay it from rupee one .
For eg government company insists on service tax bills irrespective of the amount of Bill/ turnover.
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QW/VV/378/07.08.2016
Since the employee is not getting pf or other benefits from him. Can he charge professional tax from a society?
Answer by V. Viswanathan
PF and labour laws are nothing to do with professional tax. Annual professional tax to be paid is Rs.2500/-. Which the responsibility of the person employing labour has to deduct and pay from the employees salary. The contractee (society in this case ) has nothing to do with it. Therefore when you keep any contractor your deal should be clear as to what are you going to pay and what he is going to charge. Generally the professional tax are not reimbursed.
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QW/VV/379/07.08.2016
What all certificates society can demand from him against the payment made to him by the society(like service tax, SBC , PT...) and when(period) ?
Answer by V. Viswanathan
You can ask for his service tax number, professional tax number that's it
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QW/VV/380/08.08.2016
We have received a letter from district registrar thane,asking us to be in thame hsg fedn,s member.is it that we should be members of both taluka level n district level ?and to pay membership subscription to both?pl.reply.Richmond town 1chs Ltd.vasai w
Answer by V. Viswanathan
As per bye law no.6 every society has to become member of district / Taluka federation. Minimum anyone is required. Meanwhile request you to send the letter on our email id as its not clear vasaihousingfederation@gmail.com
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QW/VV/381/08.08.2016
Education Fund is to be paid in which bank and which account
Answer by V. Viswanathan
Education fund has to be collected Rs. 10/- per month per member and kept in your account. The government has appointed about 9 institutes who will conduct the training program to whom you have to pay the fund so collected
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QW/VV/382/08.08.2016
Sir my question is to issue duplicate society registration certificate because none of the member don't have even Xerox copy also. So what is the procedure and to whom we have to meet for this reason.
Answer by V. Viswanathan
Make a indemnity bond on Rs.200/- stamp paper and make an application for certified true copy with the deputy registrar CS, vasai
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QW/VV/383/08.08.2016
Sir, one of the member of our society has expired and has nominated his daughter for the said flat. The nominated daughter says that the original share certificate is not found anywhere. The society knows the nominated daughter as a legal heir of the said flat apart from the wife of the deceased member. Kindly suggest the process on behalf of the nominated daughter and the society to incorporate her name in a duplicate share certificate.
Answer by V. Viswanathan
I have answered similar questions umpteen number of times. Request you to go through the FAQs on our website
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QW/VV/384/08.08.2016
I have a question sir. One of our member has deceased and she had made her grand daughter the nominee. But the deceased daughter now says that her daughter will get married soon so she wants to get the flat transferred to her name. Can u tell me what all documents required to do so. Please suggest. Thanks
Answer by V. Viswanathan
Since the nomination is in the name of grand daughter therefore it has to be transferred in her name itself. After transferring in the name of the grand daughter it can be transferred in the name of the deceased's daughter that is the nominees mother. Alternatively a release deed between all the legal heir of the deceased including the nominee may be registered with sub registrar of assurances
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QW/VV/385/08.08.2016
One of the Member would like to add her husband's name in societies record. Kindly advise what are the documents prepared and any stamp duty involved in this matter and what would be the roll of the society.
Answer by V. Viswanathan
In normal course the stamp duty in case of gift between relatives in vasai Taluka would be 3% and 1% registration. However there is certain relaxation of stamp duty in certain cases. The relations which enjoys reduction in stamp duty are husband, wife, son, daughter, grandson, granddaughter and wife of the deceased son are the only 7 relations which enjoys such benefit and that too only for residential property and agricultural land. In the given case presuming it's a residential flat the stamp duty would be Rs.200/-
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QW/VV/386/08.08.2016
Thank you very much for the reply. Yes it is a residential flat in Vasai. For the said flat any registration is applicable.
Answer by V. Viswanathan
Yes registration fees in such cases are Rs. 500/-
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QW/VV/387/08.08.2016
Viswanathan sir , above problems chya babtit husband la sahyogi sabhasad procedure pramane karun ghevunhi nav record var gheta yeil ka, eka society ne sahyogi sabhasad karunghevun wife la record var ghetale aahe , pls inform
Answer by V. Viswanathan
Earlier associate member had a different meaning. Only by filling up form 7 and 10 A and by paying Rs. 100/- one was allowed to become associate member and thereby be a office bearer as well. Post the amendment to MCS act the associate member can be only those who's name stands Second in the agreement.
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QW/VV/388/09.08.2016
Sir is it mandatory that we have to call for AGM on or before 15th August as per recent the model bye laws?. Please clarify. Thanks lakshman
Answer by V. Viswanathan
After the amendment to the MCS act and the new model bye laws the last day of conducting AGM is 30/9. There will be no extension given now like the previous rule
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QW/VV/389/09.08.2016
We are in process of revising the name plates in society wing. Can we mentioned the name of spouse on society name plate in case of death of flat owner. Please also advise can shares cert can be transferred in the name of spouse.
Answer by V. Viswanathan
A person can become a member only after following all the required procedure. Upon death of a member proper procedure has to followed. We have mentioned the procedure many times in this group. Request you to go through our FAQs hosted on our website www.vasaihousingfederation.com
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QW/VV/390/09.08.2016
Sir,
Husband expired in May 2016 and wife is the nominee.she has made application to transfer flat in her name with two major daughters as nominees with50 %share each.what is the transfer procedure.
Has asked for death certificatte,pebble.transfer certificates,pan card copies.
Any other documents needed.placing for Mc approval and ratification inAGMPropsed in August2026.*kindly guide/advise correct procedures.Regards.??????
Answer by V. Viswanathan
Since the nomination was in the name of wife ideally the wife should have applied for membership. However here since the daughters have applied for the same, technically it will be incorrect to transfer the share
In their name. However for practical purposes if the society wants to help the family you may also insist on registered release deed in favour of the daughters. The following documents will be required which may be place before the MC or AGM and requisite resolution may be passed
1. Certified death certificate of member
2. Copy of nomination form
3. Indemnity bond by applicant clearly mentioning that the nomination was in the name of mother but the daughters are
Asking for transfer and they
Indemnify the society and office
Bearers
4. Affidavit by other legal heirs
5. Form 4 on Rs. 100/- stamp paper
6. Registered release deed
7. Membership fees of ?100/-
8. Other papers a mentioned by to prove that the relation with the deceased
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QW/VV/391/09.08.2016
Sir, my question it seems have been misunderstood.the wife has made the application for transfer.she now requests that her two daughters are to be made as nominees.
Answer by V. Viswanathan
If the transfer in the name of wife is done correctly (by following what I have explained above in point 1-8) then for nomination she has to fill in form no.14 nominating her daughters in what ever ratio she wants. Hope I have cleared your query
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QW/VV/392/09.08.2016
Dear Viswanathan Sir ,
Kindly advise weather society can charge transfer fees on gift deed document ... ( gift from son to mother or father) ???
Answer by V. Viswanathan
The society cannot charge transfer premium on account of gift of
Flat from son to mother or father
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QW/VV/393/09.08.2016
Registrar has appointed Auditor V H ASAWA N CO from Bhayander as a Auditor for our society. When we approached Auditor, He told that he is not interested in doing auditing work for our society. Please advise us now can we do auditing from our auditor appointed in last AGM. Please advise what action we should take now as this is delaying the process.
Answer by V. Viswanathan
Advise the auditor that in his and society interested the auditor should reply to society that he is not interested in audit. Once you get such letter or if you don't get such letter from auditor, the society should write to auditor asking him to audit and keep a proof such communication. Later such communication or the refusal letter auditor should be sent to DSA and DDR for record and later society may be their accounts audited from the auditor appointed in the AGM. This is the most practical solution I have even though there is no provision or answer to such cases in law as on now. Society may exercise their own right. Mine is only a suggestion please be noted
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QW/VV/394/09.08.2016
Dear Mr Viswanathan ,
Auditor Firm of our cooperative society asked us the following . Firm is auditing the society account since 5 years .
They are not able to upload the appointment letter. We have no login ID and password as such
"We require login ID and password of both the societies to know if the audits have been allotted to some other auditor .. If yes then no letter received from the new auditor so wat to do.. If no then can we upload the appointment letter and acceptance letter now and complete the audit for the year 2015-16.."
Answer by V. Viswanathan
By this time your society should have created a login ID for self. If not yet done, then enquire with the deputy registrar about the same. In order to show that all societies have created id sometimes the registrar would have created for your society. Still if not done then you may create now. You cannot upload any appointment letter now. In such cases for practical purposes get the audit done by the auditor whom your society has appointed in their general body. Technically as per law the auditor has to be changed after every 3 years. That's from the fourth year there has to be a new auditor
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Dear members with an objective to guide the members and general public the federation intends and request all the members in this group to add maximum persons to our whatsapp group. Please add new members by asking them to send request to Jitendra on +91 96-65-774229 or on +91 98-21-754316 or fill in the form of whatsapp alert on our website www.vasaihousingfederation.com. Full name, address, cell number and email id is the need. Please add maximum members
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QW/VV/395/09.08.2016
Question- in my society those member having garden flat they covered there garden with shed and started commercial activities without taking any NOC or permission from previous management committee, now i actully want to know , is this type if covering of garden with shed permitted as pee rule
Answer by V. Viswanathan
The so called garden area appears to be nothing but the compound area of society. (I need to see the approved plan only then I can comment) therefore using that and covering that is illegal
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QW/VV/412/01.09.2016
Is there a legally set minimum number of days to be given for payment of society dues (without attracting simple interest charges)?
For example, if bills are dated the 15th of the month and are distributed on or before that date, can the pay-by date be set as the 21st of the same month?
Bye-law 69 (Payment of the Society's Charges) seems to indicate that the payment period can be set by the managing committee.
Answer by V. Viswanathan
Yes the managing committee can decide the due date for payment of the bills. There is no legal number of days limit set as such in the law. The committee can take a call.
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QW/VV/413/01.09.2016
If the name stands second in agreement and share certificate, can such person attend AGM?
Answer by V. Viswanathan
Yes, provided the first person relinquishes his right in favour of second
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QW/VV/414/03.09.2016
Sir our treasure want to give resign can we appoint from our committee or have to call from Registerar officer pls suggest
Answer by V. Viswanathan
You have to make application to registrar and call his authorised personnel to fill in the casual vacancy. The government is in the process of making amendment to election rules to fill in causal vacancies
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QW/VV/415/03.09.2016
What are the rules for allotment of parking spaces and can the society fix deposit amount for allotment.. asking for deposit amount would it be as per provisions of law and does the Agm has the right for the same
Answer by V. Viswanathan
As per the new bye laws the parking provisions has been left at the decision of the general body. Even though nothing is clearly mentioned I am of an opinion that deposit should not be charged even if the general body agrees to it
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QW/VV/416/03.09.2016
I have a joint name with my wife in bye law where wife's name is 1st and my 2nd but the committee say cannot attend Metting what to do?
Answer by V. Viswanathan
Since your name is second you would become the associate member by filling up the required form and paying 100/-. Once it's done you can attend the meeting
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QW/VV/417/09.09.2016
Sirji in our bldg G+2 society want 2 make a washroom at open terrace can it possible to make pls inform sir
Answer by V. Viswanathan
Any construction / alteration / modification that needs to be done can be done only after obtaining the required permission from the planning authority. Secondly one can apply for permission only if he is the land owner. In case of society if the conveyance of land is done only then you can apply for the same. In short the 7/12 extract should be in your society's name to apply for any such permission else not allowed
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QW/VV/418/09.09.2016
How to remove committee member if he not attend any com. Meeting
Answer by V. Viswanathan
Any committee member who does not attend three consecutive committee members then he disqualifies to remain in the committee. However this needs to be confirmed by the deputy registrar. Prior to that once the committee member defaults then he should be given show cause notice and after he replies and choose not to reply appropriate resolution In the committee should be passed. After passing such resolution application in form M-18 should be made to registrar who will decide the fate of the committee member
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QW/VV/419/11.09.2016
Is Proxy allowed in comm. Meeting n Agm?
Answer by V. Viswanathan
Proxies has no place in MCS act. Be it committee or general body meeting its not allowed. Even power of attorney holder also not allowed
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QW/VV/420/11.09.2016
Is it possible to opt new chairman in com. meeting among the com. members at the time of old chairman given resignation. require quorum also not completed, many com. Members not attended that meeting. So this chairman is valid? Reply Plz
Answer by V. Viswanathan
Post the new MCS act w.e.f 14.2.13 and after the election rules of 11.9.14 all the election to managing committee has to be done by SCEA state cooperative election authority only. Co option procedure is not applicable even though government is working on the same. So the action of committee / your society is incorrect
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QW/VV/421/11.09.2016
Flat owner not intimate to the society regarding flat sale or for rental. After sale or rental flat owner given agreement to society that time what to do.
Answer by V. Viswanathan
Even though for sale of flat no NOC is required however if the owner sells the flat and later the purchaser applies for transfer with all the required papers then there should not be any issue in transferring the shares of the society. Unlike this for Rental the member has to inform the society Atleast 8 days prior to giving the flat on rent
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QW/VV/422/11.09.2016
At the time of meeting agm or com. Meeting .....except Flat owner -- his or her family member can attend both the meeting. N can participate in discussion also? Plz Reply
Answer by V. Viswanathan
Only members are allowed to attend meetings. No proxies, family members are allowed. Even power of attorney holders and authority letter does not work for society matters
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QW/VV/423/11.09.2016
Nomination form req any approval in com. Meeting or agm
Answer by V. Viswanathan
Either is ok.
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QW/VV/424/12.09.2016
In our recent AGM we increased flat transfer premium to Rs. 20,000/- lumpsum. But after AGM few members are objecting this resolution and asking to change it as they will be paying more per sq.
ft. as they own small flats in society and bigger flat owners will pay less per sq. ft. Is it possible to change AGM resolution? And secondly can we charge lumpsum transfer premium or it has to be per sq. ft only?
Answer by V. Viswanathan
Transfer premium as per the government circular cannot be charged more than 25000/-. The basis of calculation may be either per square feet or lumpsum as approved in the general body. If a resolution is passed in a properly conveyed meeting it cannot be changed for six months
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QW/VV/425/12.09.2016
Dear Sir, Can society charges any amount (decided in AGM) in form of non refundable deposits or voluntary donation from the flat owner who gives flat on rental basis ? If the resolution is approved in the AGM.
Answer by V. Viswanathan
Even though general body is the supreme body but it's not above the law. There is a circular of cooperation department that non occupancy charges ( for units given on rent) cannot be more than 10% of the maintenance. So you cannot charge any amount even if 100% members agrees
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QW/VV/426/16.09.2016
Can housing society accept voluntary donation ? Without Charity Commissioners Permission ?
Answer by V. Viswanathan
You must be aware that housing society is governed by MCS act and therefore the regulator is deputy / ASsitant registrar and not charity commissioner. Charity
Commissioner is the regulator for trust and association registered under the Maharashtra Public trust act 1950( state act for trust )and societies registration act 1860( central act for assoociation). Irrespective of that under MCS act there is no bar on purely voluntary donation. It may be accepted
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QW/VV/427/16.09.2016
If a society member has not cleared outstanding society bills but requests the society for documentation of the building for a bank loan, can the committee hold a condition of clearance of dues before providing the documentation or is the society legally bound to give the member a copy of the documents unconditionally.
Answer by V. Viswanathan
Payment of dues is governed by section 101 of the MCS act which is a DUTY of a member and obtaining documents is a RIGHT of member under section 32. Needless to say that both are independent and therefore he is right to receive documents even though he hasn't fulfilled his duties. Society can invoke section 101 to recover dues however cannot stall his right under 32.
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QW/VV/428/16.09.2016
Sir there is a leakage in my shop n the column n pillar shows severe dampness sometimes water seems visibly seeping in force, I had brought it to the notice of sec. n chairlady but they seem to play the blame game , I feel it's a serious issue cos any damage on the lower end could bring risk to the entire bldg, a letter too was issued but they seems to be no course of action now I am at the receivers end can u pls advice me my next move.
Answer by V. Viswanathan
Really risky. Best possible course of action
1. Draft a letter clearly mentioning all the committee members that in case of any eventuality would be liable under section 146/147 of the act.
2. Write to VVCMC about such incidents with proper proof and photos with all the letters that you would have written to society
3. Letter to deputy registrar asking her intervention into the matter as the committee has failed to take appropriate action
4. Before all the that get an independent report from a structural engineer clearly showing the nature of damage to the pillar / building
5. If no response from VVCMC and registrar(which is expected ) then file a RTI to both the department.
6. All letters mark cc to respective upto highest officer like for society matters cc should be to district deputy registrar, joint registrar, commissioner of cooperation. Also mark cc to us.
7. In this particular case persistent follow up and good paper work with proper proof of all the communication is the key.
8. If still nothing works approach cooperative court under section 91.
No doubt it would not be an easy solution and would be a long drawn case so all the best as that's how our system works. Please be assured that I am not discouraging you under any circumstances. In fact would try my level best to help you.
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QW/VV/429/16.09.2016
Dear Sir,
Suppose a society decided to hold AGM on 18 sept and on the day if the quorum is insufficuent, can we re-schedule such postponed meeting sometime in the first week in October.
Answer by V. Viswanathan
Generally is there is no quorum then the body can wait for half an hour and those present would be treated as quorum. However if the body wants for postpone it then it should be done beyond 7 days of the original meeting but not later than 30 days. In this case beyond 25/9 and not later than 17/10
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QW/VV/430/17.09.2016
Is it mandatory for the society to distribute the copies of minutes of the last AGM amongst the members because the society has to approve the minutes of last AGM in this AGM.
Answer by V. Viswanathan
It is mandatory for the society to distribute the minutes of all the general body meeting within 3 months from the completion of the general body meeting
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QW/VV/431/17.09.2016
One of my friend who was the chairman of a society had resigned last April 2016
His resignation was not accepted during that period but they appointed a new chairman without proper intimation to the do. Registrars office. Now the society is going to conduct their agm next Sunday. Can my friend attend the agm as a normal member or still he is considered as a part of the committee. He has not attending any committee meeting since.April 2016 till date.
Answer by V. Viswanathan
Any resignation done by any committee member should be accepted and he should be properly relieved of his duties. However the moment another person is appointed as chairman then your early chairman would be presumed to be relieved of this duties . Even though such appointment in AGM is incorrect . It should be done through election authority only. The resigned member need not attend committee meeting but can attend all general body meeting
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QW/VV/432/17.09.2016
Can a society with the majority of the members consent give notice for AGM less than the prescribed no of days say,instead of 14 days they want to give one week's notice as they have to conduct AGM before 30 th of September 2016.If this is not possible then what is the way out?Thanks and regards,TVS RAGHAVAN
Answer by V. Viswanathan
14 days is the requirement in the act and therefore cannot be reduced under any circumstances
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QW/VV/433/17.09.2016
I am staying in the co-op hsg. society constructed in 1963. The structural audit of the society was carried out in March 2016. Whether we can utilise the funds in the sinking fund for carrying out the repairs as advised in the structural audit report? And the permission of any Govt., Co-op society authority is required for the same. Please guide about the procedure. SANJAY N.
Answer by V. Viswanathan
Sinking fund and repair fund can be utilised for repairs. As per new bye laws now only an intimation to registrar is required no specific permission is required to be taken
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QW/VV/434/17.09.2016
Sir, housing society ne rep. Kame kartana kiti rs che pudhil kama sathi , tender kinva quotations magvili pahijet
Answer by V. Viswanathan
Depending on the number of members the maximum amount beyond which general body permission is required to spend is 100000/- . I suggest beyond this amount the society should have a general practice of calling for tender
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QW/VV/435/17.09.2016
Sir if the notice of AGM is put on notice board eleven days prior the date of AGM what action can be taken by the society member's against the committee and if the AGM is kept on working day's sir please guide us
Answer by V. Viswanathan
Even though there is no bar on keeping AGM working day, best practice to show that the managing committee is fair it should be kept on a weekend or holiday. AGM always requires 14 clear days notice. Means the date of notice and day of AGM should be excluded and in between 14 days is must and notice should be given to all members along with audited financial accounts. If not done write to committee and later to registrar
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QW/VV/436/17.09.2016
Sir still our balance sheet not completed and don't think before 30th we can and is there any extension possible? Please advise
Answer by V. Viswanathan
No extension now as per new bye law. Technically if the society could not conduct the meeting before 30/9 then they have to call the registrar to ask the authorised officer to do so. However practically I would suggest that if there is no complaint just conduct the AGM after 30.9 too. Objective is to show that we have conducted it even though belatedly
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QW/VV/437/18.09.2016
Related to above question existing comitee resigned after completion of 5 years in AGM held in Aug.10 2014.. New comitee formed and took charge from 1 st sept.2014 .Now is it necessary/ compulsion to take election? Comitee members chosen unopposed
Answer by V. Viswanathan
If the committee so elected on 1.9.14 was done by following due process then the next election due would be only in 2019 not before that
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QW/VV/438/18.09.2016
Is there any condition that builder will register the society in case minimum 60% flats are registered/ sold after OC ? Or post OC he has to register the CHS?
Please confirm. .
Answer by V. Viswanathan
The duty is casted on builder to form the society once 60% of the total units is sold. The registration should be done within 4 months from the date of sale of the 60th percent. OC there or not is irrelevant
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QW/VV/438/18.09.2016
Can we do correction in AGM minute book, which is passed in AGM meeting ?
Answer by V. Viswanathan
Genuine mistakes and typo error can be done but not to change the meaning of the entire resolution all together
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QW/VV/439/18.09.2016
In register society; members are not ready to take society in hand due to builder not giving relevant document what is provision available in such condition
Answer by V. Viswanathan
Handing over of documents is under MOFA and registration is society is under MCS act . Both are not connected. Most people including builder makes you believ that once the society is registered then the builder is free from all liabilities. That's incorrect. He is liable under mofa .
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QW/VV/440/22.09.2016
Can we increase committee members ? We have 138 units and 13 committee members. Can we increase it to 15?
Answer by V. Viswanathan
Strength of managing Committee has to be strictly as per bye law no.115. Nothing less. Nothing more either
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QW/VV/441/22.09.2016
Without approval of AGM; auditor was appointed by Managing committee and still audit is passed is it acceptable? What is Bay Laws?(Auditor is not in panel on DDR)
Answer by V. Viswanathan
Auditors have to be appointed in AGM only. However in case the same in appointed by managing committee and ratified by the general body in their meeting then I don't find any reason that it's incorrect . However is the auditor is not in the panel of list maintained by DDR then it's an invalid audit
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QW/VV/442/23.09.2016
Sir. One of flat owner of our society expired ...the name on agreement has two names ..deceased owner and his wife as 1st and 2nd owners...now pls tell process to make his wife name in society records as single owner. ..
Answer by V. Viswanathan
I have replied such queries umpteen number of times. Request all to go through by FAQs on our website.
It depends on if nomination was done or not. If nomination was done then simple application with copy of death certificate then you can transfer in the name of the nominee. If no nomination then all other nominees to give affidavit , applicant to give indemnity bond , paper ad in two local papers , death certificate copy,; form 4 and society can transfer it.
Important : in either case the new member DOES NOT by virtue of such share transfer become the OWNER of property. He becomes only the share holder of society
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QW/VV/443/23.09.2016
Sir, if a resolution is passed in the Committee Meeting especially with respect to tenants and L&L agreements, can owners challenge it? Can the 11 month agreement be circumvent and terminated?
Answer by V. Viswanathan
All depends what kind of resolution you have passed . For eg a society can't pass resolution to state that a owner cannot give the flat on rent to say bachelors . Here the owner can challenge. Other way if a resolution is passed that leave and licence agreement should be stamped and registered then his challenge would not sustain
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QW/VV/444/23.09.2016
Can we pass in AGM that leave and licence agreement should only be of 11 months and renewal will be on society's approwal .
Answer by V. Viswanathan
Give of property is governed by rent control act and stamp act. When it allows to give it for 5 years then general body cannot restrict it
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QW/VV/445/23.09.2016
Sir, how can societies confirm the names of Auditors who are on the DDR Panel? Can you confirm the web link to find out?
Answer by V. Viswanathan
Go to www.mahasahakar.maharashtra.gov.in you will get the list
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QW/VV/446/23.09.2016
Sir is this timeline correct? What happens in case of lapse in any due date? How can it be handled?
Answer by V. Viswanathan
Actions suo moto by registrar or on complain by member would be taken under section 146/147 of MCS act
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QW/VV/447/27.09.2016
Good afternoon Sir. During our AGM a couple of days back ; a few attendes were family members of the Flat Owners & not the Owners themselves. Unfortunately this was realized only some hours after the AGM had concluded. These few members have not approved the Balance Sheet but the Majority has approved. Under the circumstances please guide us the way forward
Answer by V. Viswanathan
Since they were not members their numbers may not be counted . Count the numbers of only those who were members and pass accordingly
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QW/VV/448/27.09.2016
In case A or B dies and there is no Nomination extists, what about the 50% whether it will automatically go to A or B. Pl clarify
Answer by V. Viswanathan
There is no automatic transfer. The legal heirs of that person who has expired has to apply for membership even though for ownership they have to approach court or proper authority
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QW/VV/449/27.09.2016
Can builder sell the parking to flat purchaser and buyer of the parking space will get permanent parking once builder handover society
Answer by V. Viswanathan
A parking can be sold only if it has three side walls and one side open with shutter. Plus it should be part of FSI calculation. In short stilt and open parkings are not allowed to be sold. After society is formed it has full right to take charge of the same and allot in its own way as decided in the general body. However for practical purpose I would suggest not to do the same to avoid disputes
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QW/VV/450/27.09.2016
Sir,We have received one compliant letter regarding one divorce case.One husband complaint that her divorce wife still using his husband name & surname in the society documents after divorced. Pls advice what society can do in this case and what should we revert to the husband or his wife.
Answer by V. Viswanathan
It is matter between the two individuals and society has nothing to do with it. Legally she has right to use the husbands surname. You can ask the husband to sort it or fight it where ever they want and inform the society about who wins and not to involve the society in it
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QW/VV/451/27.09.2016
1. Have any rule for installing dish antena and And placing shoe rack outside own flat at lobby common area?
Answer by V. Viswanathan
There no specific defined rules for the same. The society can decide the same in general body and if any one violates the same then fine upto five times the maintenance can be charged
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QW/VV/452/27.09.2016
How much notice charges or can be charged to defaulter if not paying monthly maintenance.
Answer by V. Viswanathan
Maximum 21% per annum interest nothing else
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QW/VV/453/27.09.2016
Dear sir, need guideline- most of the members are not willing to attend the AGM, what can be done if quorum remains insufficient.
Answer by V. Viswanathan
I jokingly always say that committee should be happy if members don't attend AGMs as they can approve whatever they want as quorum for AGM is 2/3rd of total strength of society or 20 whichever is lower. Please still no quorum then adjourn the meeting by half an hour and then whatever attendance is the quorum
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QW/VV/454/27.09.2016
Hello everyone , I had a query ..during audit of FY 14-15 there was a misappropriation of funds of society by MC for personal suits ..however auditor has not highlighted the same nor filed case though clear from a look on I&E ! We were not issued notice and not informed of AGM last year as we already suspected such occurance ...as MC members has changed now we have received our notice for FY15-16 and Annual accounts wid comparative figures from where we came to know abt misappropriation !! My question is wat is liability of auditor and chairman secretary and treasurer!
Answer by V. Viswanathan
If there was misappropriation then it was the duty of the auditor under section 81 to file a FIR and report such misappropriation clearly in part A of this report. If complained action can be initiated against auditor for non performance of duty. For action against committee after reaudit action to recover the amount can be initiated under section 88 of the act. Plus action against the entire committee under 146/147
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QW/VV/455/27.09.2016
Dear sir, we have 1 share of Rs100 in Thane Housing Federation as now we moved to District Palghar and our Society is member of Vasai Housing Federation-Taluka level, can we have option to move our share from Thane federation to Vasai Federation. Please suggest with procedure if any.
Answer by V. Viswanathan
As per bye law no 6 each society has to become the member of anyone federation at Taluka level or district level. You can resign from the membership of thane district federation if you want so by passing a resolution in managing committee and continue in vasai Taluka and vice versa. Another good news is we are in the process of forming palghar district housing federation
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QW/VV/456/27.09.2016
Sir, are there any specific Bye laws for formation of *Federation of Housing societies* ?.
My question in this regards are--
1. How many members will be there in Federation Committee from each society?
Answer by V. Viswanathan
It will be as may be decided in the general body of federation
2. Who will be authorised office bearer of the Federation ? President, Secretary, Treasure
Or only President and Vice President ?
Answer by V. Viswanathan
I suppose you are referring to bank account. Generally secretary compulsory and anyone amongst chairman and treasurer
3. Whether members other than current office bearer of society, will be eligible to be a part of Federation Committee?
Answer by V. Viswanathan
Yes possible
4. Which Institute will give us legal advice for formation of Federation?
Answer by V. Viswanathan
We are the best. ?? Not blowing our own trumpet but yes we can guide you anything about housing societies or its federation
All these questions related to formation of Federal body in Global city in Avenue M, J, G , H.
Please clarify ??
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QW/VV/457/27.09.2016
Society has not accepted the parking allocation done by builder by passing the required resolution in Agm...but if some members who have purchased the parking by paying huge money are blocking or using their parking slots as garage by parking scrapped car...with the intention of blocking that space...What action society can take in such cases as they society is looking to allot all parking areas by means of lottery system as per bylaws...but due to blocking of such spaces and claiming that space belongs to them as they have paid to builder is causing trouble to society...What action can be taken against such members who are blocking those spaces?
Answer by V. Viswanathan
As per the new bye laws the parking rules are left for the society to decide in their general body meeting. Technically if the parking is not a three side wall and shutter and not part of FSI then it is not allowed to be sold. Therefore stilt and open parking are not allowed to be sold. Everyone knows that legally such parking a cannot be sold but all builders sell and issue letter stating that is alloted to a flat . Even though legally society can take charge of the parking and start alloting to its members but for all practical reasons the same should be avoided . In case of parking disputes the matter is referred to cooperative court under section 91
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QW/VV/458/27.09.2016
What is the significance of "open to the sky at all times" in the case ig property.
Answer by V. Viswanathan
Open to the sky at all times means those construction does not form part of FSI working. Like terrace Which are open to sky
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QW/VV/459/28.09.2016
Sir , is there any specific rule to charge penalty for society does and don't rule breakers?
I wanted to know the maximum limit.
Answer by V. Viswanathan
The maximum penalty for illegally occupying society premises is 5 times of the maintenance to be charged from retrospective from the date of such illegal occupancy and for other matters maximum 5000/- per financial year. Both penalty subject to approval of general body
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QW/VV/460/28.09.2016
Dear sir
I have one query
Two brothers buy a one flat older brother staying out of virar n elder brother stay in the flat.
Flat registration on both names
Older brother give noc for whole flat in elders name..
Sir please guide me what is the procedure of transfer.
Answer by V. Viswanathan
If you are referring to transfer of ownership then without registration of agreement not possible. Execute gift deed , pay stamp duty for transfer of 50% value, register the agreement . Give the transfer forms and agreement to society. No transfer premium to be paid
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QW/VV/461/28.09.2016
Dear Vishwanathan Sir,
Query related to transfer of flat.
1. Flat owner without informing society sold flat one year ago and has not paid transfer fees etc nor intimated in writing about the sale of flat.
2. Person staying in flat states he is new owner but has not paid transfer fees and has stopped paying dues to the society.
3. When owner of flat contacted via registered AD he writes back to society stating that he has sold his flat to XYZ and now new owner is responsible for all dues of society and should not be contacted further.
4. New owner currently uses the basis services like water, lift etc of society and has stopped maintenance for more than 6months since society gives receipt in original owner's name.
How does society go about in above case as original owner has got his money and is not bothered new person residing is not keeping upto his basic obligations...what is the recourse that society or MC needs to take.
Answer by V. Viswanathan
If the transferor has sold the flat and the purchaser has not taken NOC from society for purchase plus he hasn't approached the society as yet for transfer still the society need not worry. As whether a person becomes a member or not he is liable to pay the maintenance . Here society can file a recovery suit under section 101 before the deputy registrar in the name member (seller) and also purchaser (as occupant of flat ). The registrar will be duty bound to pass the order in favour of the society. Society need not bother Between seller and puchaser who will pay. That's their issue . If still they don't pay after getting order then approach special recovery officer who has rights to auction the flat and pay your dues
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QW/VV/462/28.09.2016
Dear Vishwanathan Sir,
In Mandatory returns, Point No. 4 is "List of amendments to By-laws".
Please guide what is to be uploaded.
Answer by V. Viswanathan
When you adopt new bye laws or if there are any changes in bye laws then the society has to fill in those returns and file it
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QW/VV/463/28.09.2016
We have taken handover from builder in 2013, and at that time society was registered. Builder have shops and flats in our Society. Yesterday he sold his 1 flat. In this case should we charge him transfer charges or we should not. Kindly let me know
Answer by V. Viswanathan
There is no transfer premium required to be charged for first sale. You should not charge
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QW/VV/464/28.09.2016
Mrs. X, a christian, expired. During her lifetime she had executed her nomination in favour of her husband Mr. Y, a parsi, which was accepted by the society & Mr. Y had been admitted as a member of the society. Now Mr Y wanted to sell the flat.
Mrs. X's mother had taken objection to the sale stating that mother was depended on Mrs X & that mother had financed Mrs X for purchase of the flat.
Will it be legal to allow sale & and ask mother to claim money from MrY; or
can society refuse sale till issues are sorted out by Mr y with mother ?
Answer by V. Viswanathan
Since the objection has been take the matter has to be referred to court under the indian succession act and only after the court decides the successor can the society allow the sale of flat or rather only later issue NOC for sale of flat
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QW/VV/465/28.09.2016
Dear sir, in training program dated 18th Sept 2016 at old viva college during morning session, I asked query if member "A" wants to execute gift deed on her wife's name of 1% of his flat then can he execute or not as "A" s wife would like to take a part in Managing Committee but as she is not owner and Associate member she can't. Can we get help from Advocate of Federation as most of the Advocates from Virar saying, minimum 25% has to be gifted.
Answer by V. Viswanathan
1% of property or for that matter any proportion of flat can be gifted. Due respect to advocates they are wrong. In case they have any provisions of any law to substantiate their claim then I request you to ask them to produce and I wouldn't mind being corrected. You can visit our office we will help you. Please visit VTHF Swagat Bhawan, opp MSEB colony nr Indian oil, station road vasai road east. Tel 0250-2390170/71 / 6457585/95 with prior appointment
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QW/VV/466/28.09.2016
Sir, charging of penalty to members for not attending AGM is as per rule?
Answer by V. Viswanathan
Attending AGM is the right of the member and not a duty and therefore charging penalty is illegal and against law
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QW/VV/467/29.09.2016
Hi... person who was committee member had sold flat and position is empty, can we select new committee memeber during AGM or Monthly meeting... Please suggest
Answer by V. Viswanathan
Any position that needs to be filled in a committee has to be done only through elections. Even if it's for single committee member. Cooption now not allowed
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QW/VV/468/29.09.2016
Sir can society comitee revised and increase monthly maintainance
Answer by V. Viswanathan
Any decisions for collection of fund should be done in general body meeting only and not in committee
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QW/VV/469/29.09.2016
Sir, two signatures were enough on the Balance Sheet for Audit Report to be prepared. Our AGM notice went without the Balance Sheet and Audit Report but no one complained. The manual Audit Report was also not presented at the AGM although the Balance Sheet had two signatories. If the Auditor is not on the DDR Panel, and if the society is not registered online to upload the Audit Report, is it legal? How can it best be handled?
Answer by V. Viswanathan
Regarding signature on financials the same may be done by two or three office bearers depending upon who was authorised to sign in the committee meeting. No AGM can be conducted with audited financials. Also the notice of AGM should be accompanied by audited financial statements and full audit report. If an auditor has signed who is not in the panel then it will be presumed as no audit done. Complain the matter to deputy registrar . Also if uploading of returns is not done then the registrar can initiate action against society and its committee members
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QW/VV/470/30.09.2016
If chairman give resignation what is duty of other committee members.
Answer by V. Viswanathan
In normal course if any office bearer tenders resignation then the other committee members has to consider it and relieve him of his duties if all is well. Later initiate necessary action for appointing new chairman through the new election process. Co option not allowed
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QW/VV/471/30.09.2016
In our Audit report the Auditor has mentioned that,New Model bye- law is not adopted, by the society,I would like to know the procedure to b followed to adopt the same?
Answer by V. Viswanathan
Take a special general body meeting . Place the new bye law in it and approve it . Later fill in the required form (on our website) and submit the following to deputy registrar
1. Two bye laws duly filled and signed by committee members
2. Application in format as mentioned above with 50/- court fee stamp
3. Latest audited report
4. Notice agenda and minutes of the general body meeting where the bye law was adopted
5. Certified(by committee ) true copy of old bye laws
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QW/VV/472/01.10.2016
Sir, how do u go with the leasing or selling of a flat or property if it's agreement states two owners, I mean jt owners, should both sign lease documents too.
Answer by V. Viswanathan
Since the agreement states that bi the owners are required for lease then it has to be followed. In fact even if not mentioned that way you always have to obtain signature
Of all the joint owners of property for lease
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QW/VV/473/01.10.2016
Question :One of our member has sold flat to his neighbour without any NOC from Society...also currently that flat on loan from Saraswat bank.....they have sale agreement between them..
In such case just want to check whether we can accept their agreement and trasfer fees?? Main concerned is that seller has not approach society for NOC to sell the flat...need your guidance in this case..what will be the society bearer action in this....
Answer by V. Viswanathan
In such cases you can accept the agreement and transfer fees and give an NOC with a condition that subject to clearance of loan from Saraswat bank. Similar point should also be added in the NOC to be given to the purchasers bank. Once the take over process is done and the seller hands over the full receipt and possession letter then you can transfer the shares in the name of the purchaser
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QW/VV/474/02.10.2016
I have flat on my name in borivali our bldg. Going to redevelop i want add my mother or father name with co owner pl gide me about procedure
Answer by V. Viswanathan
You can make a simple application to builder and get the required names added
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QW/VV/475/02.10.2016
Please ask me if flat transfer brother to brother gift deed, can transfer charge payable or not???
Answer by V. Viswanathan
No transfer premium is required to be paid for family members including brother to brother transfer
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QW/VV/476/04.10.2016
Sir
Can society add festivals / cultural programme fund in monthly maintenance,
If it is approved in AGM.
Is it as per bye law?
Answer by V. Viswanathan
Any fund that is to be collected can be done after passing in AGM
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QW/VV/477/17.10.2016
How many vote cast by an indivisual in society election.
If the owner is builder and he have four Shop and three flats.
Answer by V. Viswanathan
One member one vote. Means if he has 7 units all in one name still the number of vote would be one. However hope all know that one vote is for one contestant or the position . That means if there are 11 positions for which election takes place then 11 votes. Hope it's clear.
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QW/VV/478/17.10.2016
How many days before we get the election notification and can we change the election date because non avilabity of flat owners because of Diwali.
Answer by V. Viswanathan
Generally election date cannot be changed once declared. However for practical purposes If all agree then the returning officer may do it at his own risk. Technically not allowed
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QW/VV/479/17.10.2016
Dear sir, Auditor can be appointed for continuous 2 years or 3 years, please clarify.
Answer by V. Viswanathan
After 3 years. From fourth year new auditor. Hope everyone knows that within 30 days from the date of agm the appointment of auditor has to be uploaded online
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QW/VV/480/17.10.2016
Sir.my son has a flat on d third fl.above is a private terrace owned by another person of the bldg. The incomplete sheed was there earlier put by the owner of it.now d terrace is leaking. I put a request to d society to stop d leak. 5 years back d society had approched d owner to complete d shed.We will help.d owner refused d offer. Saying u do d whole terrace. At that moment nothing was wrong with d existing shed.Today the owner is a Secretary of d building an has done d shed demolishing d entire old one and is asking me to pay 30 percent of d cost.if d work was done 5 yrs back completion of d terrace I would v paying x amt.for d small portion. Today d soc. Is . Asking x plus yz amount for d work done of d private terrace. Please advice on d matter. Thanks.
Answer by V. Viswanathan
Legally the entire money has to be spent by the person who owns the upper flat. If he doesn't do it approach VVCMC and / or cooperative court
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QW/VV/481/17.10.2016
If flat owner gives flat on rent and does not pay maintenance, what are options available to society for such cases
Answer by V. Viswanathan
File recovery case under section 10 1 before the deputy registrar. Have explained the procedure earlier too. Check my FAQs on our website
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QW/VV/482/17.10.2016
Dear sir, Sinking fund should be charge equally to all or as per area of members, please suggest.
Answer by V. Viswanathan
Area basis as per byenlaw no. 13(c)
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QW/VV/483/17.10.2016
Mr. Vishwanathan, what Will be time limit for a flat purchaser in a regd society to submit membership application along with membership fees, entrance fee, transfer fee etc. after registration of agreement date. If not applied for membership, can society do anything? - O M Vijayan
Answer by V. Viswanathan
Applying for membership is the right of a member. He can apply anytime no time limit. Limits.... transfer fees fixed. 500/- entrance fees fixed at 100/- and transfer
Premium the basis of working can be anything but cannot cross 25000/- . The society cannot and should not do anything if a member hasn't applied for membership
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QW/VV/484/17.10.2016
Viswanathan sir what is the procedure for joint member to give associate membership?
Answer by V. Viswanathan
Application form in required format name of member required in agreement
QW/VV/485/17.10.2016
Sir
I m kotekar from Johova Village RH CHS Ltd, tamtalao, vasai
Same condition in our society, one member is not paying maintenance from Jan 2012, what action will take
Please reply
Answer by V. Viswanathan
Send three notices to the defaulted Member in a gap of about 15-30 days and then file recovery case under section 101 before the deputy registrar. Still if it persists then file a auction notice before the special recovery officer for auction of the property and recovery of maintenance dues
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QW/VV/486/17.10.2016
How can member challenge last years minutes. Late in the meeting cannot be reason to challenge the minutes. It is a normal practise to read all minutes at the end of the meeting. As per me the member cannot challenge.
Answer by V. Viswanathan
The legal process is once the general body meeting is over then within one month the draft minutes has to be circulated to all the members and later after rectifying defects in it if any the same should be finalised within a period of 3 months. Circulating minutes is must. In case the society does not circulate then you can complaint to the deputy registrar . However now if you have question over the minutes itself then under section 91 approach cooperative court
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QW/VV/487/18.10.2016
Respected sir,
Pl advice,
anybody can associate member in society and who is associate member and when associate member is legal member
On more sir,
can associate members name in Shere Certificate
Answer by V. Viswanathan
Now as per the new act and bye law a person can be a associate member only if his name is there in the agreement. The person who's name stands second becomes an associate member. Else he can't
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QW/VV/488/18.10.2016
Major building repair fund should be equally distributed among members or it should be according to the area of the flat
Answer by V. Viswanathan
As per bye law no. 13(a) it should be on cost of construction of flat on area basis
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QW/VV/489/18.10.2016
If owner stays abroad and flat is on rent then then MOM of AGM should send where?
Answer by V. Viswanathan
To the address given by him if any and added the charges to his bill. If no information given then to the address as per society record that's the flat address. Obviously it will come back. Keep it with you as proof of having delivered
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QW/VV/490/18.10.2016
Sir my mother was the nominee of my father's flat..I and my sister had given a noc and an indemnity bond.m i suppose to do any other formality with the society to get the name transfered on the share certificate.also m i suppose to pay any fee to the society.if yes how much .pls reply
Answer by V. Viswanathan
I assume you have made application within 6 months from the death of your father. Additional documents are
100/- entrance fees and copy of death certificate of your father. Please note By this your mother does not become the owner of property. For that she has to get succession certificate or letter of heir ship
Or letter of administration from the court / first class magistrate/ thesildhar
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QW/VV/491/18.10.2016
One week back I have send an email to vasai taluka cooperative hsg. federation requesting to carify on offenses u/s 146 (Refer page no. 009 of booklet distributed on 2.10.16 to the participants)
I haven't received a reply yet.
My query was about offenses committed u/s 146 and punishment u/s 147.
Who will be punished?
Chairman, Secretary, or whole of the committee members.
Chacko Thomas
Answer by V. Viswanathan
Please download the mcs act from our website and refer to section 146/147. Since it's very lengthy I will not be in a position to list it here. In case of any work which ought to have been done by committee then the entire committee is liable
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QW/VV/491/17.10.2016
One men can get POA against flat and he was his brother . He give form no .5 with 100 rs. to society and his brother's NOC letter said give me to associate member in our society. It is possible
Answer by V. Viswanathan
Time and again I have answered that POA has no locus standi in society matters plus for associate member name in agreement is must
QW/VV/492/20.10.2016
Sir whether associate member can attain AGM of society
And what is the procedure to become a associate member
Answer by V. Viswanathan
With effect from 14.2.13 no person can become an associate member unless his name is there in the share certificate
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QW/VV/493/20.10.2016
Sirji as you suggested in m posting my query
1. The society was under registrar and the new committee was elected in the month of January 2015. The committee took charge of the Bank account only in the month of Feb 2105.They operated the same for two months I.e Feb and march 2015. As on date the committee is not able to finalised the accounts for the FY 2014-15 form the registrar, blaming at the registrar is not giving the accounts. The two month operated accounts for FY year was giving to the registrar office in the month of August,2016 for the FY 2014-15, if I m not mistake.
2. As on date the newly elected committee has not taken a single general body meeting. Further to that from the elected committee 5 members have resigned and the committee have co-opted 5 new members, without any intimation to the registrar.
Some members have filed complaint against the same issue and having received order from registrar,that the process done by committee is against bye laws and the members co-opted are not eligible. The order was passed by the registrar on 30th September 2016. After showing the order in the AGM with was conducted by the Committee on the same date, they refused to expect the order. For your inform the order was given to them on 30th September 2016 in the society office and was also shown in the AGM meeting.
Is the AGM taken by them is legal, as we have 240 members and the quorum should be min. 8 as per my knowledge.
The committee is of 12 person and out of that 5 persons are declared not eligible. Please guide me on the above issues. So further I can post the accounting queries which they have expense out above 1 lac.
Answer by V. Viswanathan
Yes Cooption not allowed now. If no agm held then complaint to registrar under section 75(5). Also since members have resigned new election has to be conducted
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QW/VV/494/20.10.2016
Sir we received application for membership of the society as member has made nominee and will in his name and other legal heirs also gave letter saying that flat is in dispute. society cannot transfer share in the name of nominee.sir give us a solution what should society do.
Answer by V. Viswanathan
If Will was done by the deceased member then it will prevail. Should be transferred in the name of the beneficiary. However would like to see the papers once
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QW/VV/495/20.10.2016
2nd query one flat in our society is in dispute. Member is expired without making nominee and she is married. And said member has cancelled power attorney given to her mother,mother wants sell the property what do society do as he is applying for membership for the said society.
Answer by V. Viswanathan
I have answered such query many times. Power of Attorney has no value in society law. Legal heir procedure please refer to my FAQs on our website
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QW/VV/496/20.10.2016
This question is regarding powers of such associate member (whose name is already in the agreement)
1. Can they contest general election? Suppose the main member is not in the fray.
2. Can they vote, if main member is not available?
Answer by V. Viswanathan
An associate member can contest election and also vote provide the first member has relinquished his right of vote and contest in favour of the associate member
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QW/VV/497/20.10.2016
Society regd six years back. Got two queries
1) Sinking fund account not opened yet the money was kept in FD society account.
2) Till date not affiliated with any federation.
Cud u suggest procedures to b followed for both by the society
Answer by V. Viswanathan
1) if the amount is kept in FD and if adequate resolution is passed then it would be treated as proper compliance as far as fd of sinking fund is concerned.
2) technically all societies have to compulsorily get membership of federation as per bye no.6. If not compliant to registrar
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QW/VV/498/20.10.2016
Dear Sir,
We have conducted our AGM on 25 th September. As required we have submitted AGM notice, Minitues of AGM and Audit rectification report to the Auditor along with confirmation of Auditor for the next F.Y. Please confirm the uploading of all the reports in the Official website will be done by the Auditer ??
Answer by V. Viswanathan
Responbility of society to see that it's done. Check with your auditor
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QW/VV/499/20.10.2016
Flat is in joint ownership. The couple never attended any AGM before. Technically they are non active Members. Last month husband attended AGM whose name appears second in agreement. Objectiom was raised stating he cant AGM as his name appears second in agreement and he has not completed associate membership formalities. Please advise if he can attend meeting without completing associate membership formalities and without assigning rights by first owner.
Answer by V. Viswanathan
He has to become associate member before attending meeting
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QW/VV/500/20.10.2016
Hello Vishwanath, please answer on my query.
This is regarding education tax to be collecteded from each member of society. The tax is already component of property tax we pay to municipal corporation. Do we still need to incorporate in maintenance bill? Please guide.
Answer by V. Viswanathan
I feel you are referring to education fund. If that is the case then it's not part of property tax. You have to charge and collect RS 10/- per member per month
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QW/VV/501/20.10.2016
In one society if society sent pending bill with intrest to all members. One member have queries against bill that's why he submitted application and part payment of pending bill. Then society replied if you are giving full bill then only we will accept your amount. Please let me know part payment not possible to accept is correct or not?
Answer by V. Viswanathan
Even if there is a crore outstanding if the defaulted pays a single rupee then the society has to accept the sum. They cannot reject it
QW/VV/502/20.10.2016
Dear Sir, one of our member has passed away before nomination, now nearly six to seven years has passed for his death. His wife is associate member, means she has second name on agreement. We had issued notice to her as per bye laws to get transfer said flat, also we put such notice on society's notice board. His wife approached society and she claimed to trasfer said flat to her name, she has two sons, they are ready do all the procedure as per bye laws, but they are not ready to issue public notice in two local news paper. Apart from this she has already transferred property, water tax and electric meter to her name without society's NOC. Several time we told her that we are ready to help her as per bye laws procedure, but they always denying to issue public notice in news paper. Can you please advise us what to do in such case and can she do proerty, water tax and electric meter to her name without society's NOC. Thanks in advance.
Answer by V. Viswanathan
First thing is the society need not be after the person to become the member. If they want to become they will come forward. You need not be after them. Technically without society NOC they cannot transfer in municipality records and mseb records. If they are not coming forward just ignore them. If not today they will come someday when they have to sell the flat
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QW/VV/503/21.10.2016
Sir,
About power of attorney.
If in society matters there is no value for power of attorney, then if an NRI who owns a flat want to sell his flat need to visit India and execute the deal personally?
Answer by V. Viswanathan
I said power of attorney has no value under society. Selling and buying of flat is governed by various other laws like contract act, stamp act and registration act. It's valid for that
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QW/VV/504/29.10.2016
My reply in context to societies having less than 200 members. That is type D society as per new election rules
Kindly provide details of below queries with their respective rule's references
Q1. How many days before we need to send nominations of candidates? Can we send it on the election day itself?
Answer by V. Viswanathan
On the Election Day itself
Q2. If any tenant has more than 1 flat and/or shop, how many votes he/she can cast?
Answer by V. Viswanathan
One member one vote irrespective of the number of flats / units
Q3. How many days before intimation letter of society's AGM or election is sent?
Answer by V. Viswanathan
AGM 14 clear days. Means excluding the date of notice and date of AGM
Q4. Owner of shop is elgible to become a member of society committee?
Answer by V. Viswanathan
100% without any doubt as bye law keeps flats and shops on par.
Q5. If any owner doesn't resides in his flat and has given his flat on rent, can he become the member of society's committee?
Answer by V. Viswanathan
Fortunately or unfortunately there is no bar and there he can become the member of committee even if he doesn't stay in the society
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QW/VV/505/29.10.2016
Dear Viswanathan ji
In which Form(s) do we have to file our AGM minutes and Audit Report to the Registrar.
Please tell us procedure for the same. From where shall we get the form(s).
Answer by V. Viswanathan
For minutes there is no form as such. I had sent one format earlier use it. Audit report has to be uploaded online. Check with your auditor else meet me in my office I shall help you. You also visit www.mahasahakar.maharashtra.gov.in with login ID and password and you can do the same
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QW/VV/506/29.10.2016
Dear sir, what action Society / Secretary can take against Managing committee members who are not attending monthly meetings, please suggest.
Answer by V. Viswanathan
If any committee member does not attend three consecutive managing committee meeetings then he may be proposed to be removed. Later application has to be send to registrar to actually remove him. Please note that you gather all the proof of calling in a meeting and he not attending
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QW/VV/507/29.10.2016
Need details for formation of Federation of 6 individual societies. What would be the count if members required for federation from each society? How much time it will take for the process to be completed and who can guide us in this scenario?
Answer by V. Viswanathan
Minimum five registered societies are required to form a federation. Each society is required to pass a resolution to join the federation that's enough
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QW/VV/508/29.10.2016
Dear Vishwanathan,
I have following queries.
Builder has made some galas on terrce, open space and under staircase in our industrial premises society . He is paying municipal tax and society maintenance , but those galas are not registered and stamp duty is not paid. He is asking share certificate on this illegal galas. Can society issue share certificates?.
Please suggest me .I am secretary of bldg.
Pradhan.vasai east.
Answer by V. Viswanathan
Firmly no. For any illegal galas / units one shouldn't make them as members
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QW/VV/509/29.10.2016
Whether Dy.Registrar or Registrar have jurisdiction for any car parking issue in Society
Answer by V. Viswanathan
As per the new bye law car parking has to be decided in the general body in a meeting. And for any dispute regarding general body resolution the matter has not be referred to cooperative court and therefore parking matters wouldn't fall before deputy registrar but cooperative court
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QW/VV/510/29.10.2016
Vishwanathan sir,
In our soct.Present commitee wants to resign & they want form new comm.
Pl.tell me procdure for the same.
Answer by V. Viswanathan
Inform the registrar about the same and fill in form E-2/3 and submit to registrar and fresh election has to be conducted
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QW/VV/511/29.10.2016
Lot of thanks for joining me.
I need your advice on following problem:
In our complex there are 19 different societies developed by 3/4 developers, in our land developer agreement there is one clause giving development/conveyance right
to APEX society or association. In our complex there is one association is existed for 19 societies, but in land developer agreement it has not mention giving rights to
present association which is established later after development and not with the
consent of builder/developer. We are confused as association is not a legal entity and not established by developer. Can we do our separate conveyance of every society? and later can we join to association for common amenities or open spaces?
Please guide.
Answer by V. Viswanathan
Yes, it is possible. However it is advisable to get conveyance for entire complex and there would be many areas which are common and cannot be actually divided. Do meet me at Swagat Bhawan, opp MSEB colony nr Indian oil, station road vasai road east. Tel 0250-2390170/71 / 6457585/95 with prior appointment and papers I shall guide you
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QW/VV/512/29.10.2016
Thanks for yr support Mr Vishwanathan sir..it vl help societies to grow powerfully n work smoothly.... My question to U sir __ what is d solution for d share certifificate wich was issued vth only 5 share@ d rate of rs 50 durin yr 1998/99.
Answer by V. Viswanathan
There may be couple of practical solution to it. My opinion would be recall all the old share certificates and issue new with 10 shares. Of course you have taken into account those that are mortgaged and lost share certificates
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QW/VV/513/29.10.2016
Question: Sir, As per audit requirements we were told to do structural audit as building age is more than 30 years. As per structural audit report we had to rectify internal columns and beams of flats and shop. For which everyone agreed in AGM but now some members are not allowing the work to be done in there flats and shop. All expenses are beared by the society expect painting of repaired columns and beam. Please let us know any action can be taken on those members who are not allowing the work to done in there flats and shop.
Answer by V. Viswanathan
The managing committee can write to them and also give the copy of such minutes of in a meeting requesting them to allow repairs. Still if they don't Agree, the committee can enter the flat and do the inspection of the flat and after due paper forcefully repair the beams. Meanwhile they should also inform the VVCMC , deputy registrar and police about the reluctance of the member
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QW/VV/514/29.10.2016
Question: Sir, In our building one of the shop is been used by the owner and his friends as a place for having drinks (liquor) daily at night and sometime it creates problems for society members. We raised our concerns but we were told by the shop owner its his owned shop and can do as he feels and drinks are been taken inside his shop not in building premises (compound, etc). Can anything be done about it?
Answer by V. Viswanathan
No doubt shops are meant for commercial use and they shouldn't be using it for drinking. However practically if they are not creating nuisance for any one then my suggestion .... ignore
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Our one of member had install moter to suck water,
AGM had decided to lay penalty who install water moter (pump).
Now we can impose penelty on that gala owner???
Answer by V. Viswanathan
Yes after passing resolution in general body . Maximum 5000/- for each instances
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QW/VV/516/29.10.2016
Can staff will stay in industrial gala, after there job, regular night stay allow????
Answer by V. Viswanathan
Technically no. However if there is no nuisance then why object
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QW/VV/517/29.10.2016
Dear Vishwanathan Sir, we have 3 societies in one housing complex. All 3 societies want to form a federation for greater cooperation. What are the steps involved to form such a federation?
Answer by V. Viswanathan
For forming federation minimum five societies are required. However one can form either association or company under section 8 of the companies act 2013. It's not the regular profit making entity
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QW/VV/518/08.11.2016
Vishwanathan Sir,
We want to deduct TDS from one of our contractor's bill payment, but we dont have TAN. please advise us with the procedure and the documents required for obtaining TAN of society ?
Answer by V. Viswanathan
Fill in form 49B as per income tax rules. Attach your society's PAN and copy of registration certificate and submit to any facility centre of income tax. Take help of your CA / auditor else contact us at Prabhu Associates, Swagat Bhawan, opp MSEB colony nr Indian oil, station road vasai road east. Tel 0250-2390170/71 / 6457585/95
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QW/VV/519/08.11.2016
Hello Mr. Vishwnath, is there any limit to make the payment in cash? We need to make the payment to our watchman in cash as he doesn't have the bank account.
Answer by V. Viswanathan
Beyond ?1500/- not allowed. However you can still help him open bank accounts. Use his photo ids and society can give confirmation of his work. That should suffice the KYC norms. Educate him to open account easy for you and good for him
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QW/VV/520/08.11.2016
I have query on the behalf of my friend regarding the flat on the bmc land father expired without making nominee then the flat transfered in the mother's name after taking NOC from legal heir. Now one of the legal heir made will on his name by taking mother in confidence now same legal heir blackmailing others for not giving share to others. Now what should my friend do now
Answer by V. Viswanathan
Here when you say that NOC was taken from other legal heir I presume there was no succession certificate or no procedure was done to bring all the legal heir for "ownership". The aggrieved Legal heir can approach court to get the succession certificate. In that case all the heirs may have equal share in the property
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QW/VV/521/08.11.2016
Sir, in our Society a members flat is in a joint ownership 1st holder is wife/2nd holder husband and no nominee till date, the 2nd holder the husband expired now the 1st holder the lady has given us a request in writing along with the death certificate that delete the name of 2nd holder due to death/demise and wants to nominate her son as a nominee, our query is how should Society proceed also the 1st holder has a daughter who is married, we have to get NOC from all legal heir's or we can proceed with the nomination in the name of son.Pls advise
Answer by V. Viswanathan
Since no nomination by the Joint holder the legal heir procedure has to be followed.
1. Indemnity bond as per form 19 in whose name it has to be transferred
2. Affidavit by all legal heir including married siblings
3. Paper notice in two local papers as per form 16.
4. Form 4
5. Pay ?100/- entrance fees
Plus to claim ownership succession certificate/ letter of heir ship / letter of administration
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QW/VV/522/08.11.2016
How to get ownership succession certificate /letter of heir ship. who has the authority to give /issue the said certificate. And what the documents needs to be submitted for the same
Answer by V. Viswanathan
For succession certificate approach local sessions court.
Letter of heir ship / administration approach First class magistrate/ thesildhar
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QW/VV/523/08.11.2016
Sir please let me know what I can do if shop n flat owner are not Registering there agreement while giving on rent. I have given notice many time.
Answer by V. Viswanathan
You can charge penalty up to 5000/- per default after passing resolution in the general body
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QW/VV/524/08.11.2016
Dear sir, is this mandatory for housing society's to file IT returns, please suggest.
Answer by V. Viswanathan
Any person includes society has any income more than the maximum limit is required to file the income tax return. Housing society are required to pay tax at the following slab 0-10000 =10%, 10001-20000=20% and above that 30%. Maintenance and funds that we collect is not income. However interest income is "income" as per income tax act. So the moment you get single rupee as interest you are mandatorily required to file returns. Also rent, mobile tower rent, hoarding rent and such other receipts other than receipts from members are taxable
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QW/VV/525/08.11.2016
Dear Vishwanathan
One question
If society member's son pays monthly maintenance and he is not member then is it ok to accept maintenance and will there will be any implications on society
Answer by V. Viswanathan
There should not be any issue that way. However on a safer side obtain a letter from member that his son will pay maintenance and also letter from son that he is paying on behalf of member. Issue resolved
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QW/VV/526/08.11.2016
Vishvanathji ??
Sub: Nomination
Sir my friend is osner of flat situated in virar his nominee
Is his mother and she is very old so he wants to change
Nominee from mom to one of his friend who is looking after her mom and himself
Pl advice
Answer by V. Viswanathan
Just make new nomination form no.14 and pay ?100/- as charges. This will take care of the new form and automatically supersede the old nomination form
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QW/VV/527/08.11.2016
Sir,
While selling a flat, which are the documents to be collected from the society. The owner has no loan on the property and the buyer will go for housing loan.
Regards.
Answer by V. Viswanathan
Form no.4,26,14, 20(1),20(2),transfer form , copy of registered agreement, dues should be clear. That's it. After loan obtaining copy of possession letter and also full receipt.
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QW/VV/528/08.11.2016
Sir, if a owner not paying maintenance dues, can society stop the services provided by society such as collecting garbage, plumbing, electrician etc?
Answer by V. Viswanathan
You can do so after passing general body resolution as the moment you discontinue services bill also cannot be raised. Please note
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QW/VV/529/08.11.2016
Dear Viswanathan, if society members raise questions on society accounts even though it is based on mistakes of past management committees, can they create any potential issues?
Answer by V. Viswanathan
I don't know about issues. However it is the duty of the present or any managing committee to reply to all the queries of the members to the best possible manner. It's their right. Of course members should also understand their duty not just right
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QW/VV/530/08.11.2016
Can managing committee make a decision to raise maintenance despite certain members raising objections? What are the procedures to ensure society doesn't keep incurring losses based on mistakes of the past managing committee?
Answer by V. Viswanathan
The raise in any fund including maintenance has to be done in a general body only. Ideally the committee should do their home work before proposing the increase. For eg. Why increase by ?100/- and 250/- and so on
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QW/VV/531/08.11.2016
In case anyone utilise Society Premises, like Corridor, floor lobby etc. To keep their shoe racks, dumping material., whether member can be imposed any charges and which section the same can be charged and what would be the maximum charges. Please advise. Lekshmana Rao/Secretary/Sajavat
Answer by V. Viswanathan
As per bye law 168 a, penalty upto five times of the maintenance can be charged for occupation of any society area like lobby and others as mentioned by you. Worst part, can be charged retrospective from the day it was occupied. Caution . Pass general body resolution even though it's there in the bye law so that members are aware of it. Also before charging show cause notice must to the erring member
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QW/VV/532/08.11.2016
Dear sir, query remains unanswered,
-A shop in name of father and son joint owner
- father and son both expired in period of 3 months
- checked society records no nomination certificate found
- brother approaching society to get shop transfer I her sister name.
- a copy of will produced by brother which is made by deceased father mentioning our society shop and other property to be initially transfered to his son ( expired joint owner) and later upon his death to be transferred to his daughter.
Questions.
- "Will"is written by father, were else shop is in joint owners name of father and son. Does only one will suffice?
- "Will "does not mention anything about deceased son's wife and children.( upon enquiry with same with his brother it was understood that he died as bachelor)
- what procedure does society need to follow here.
Answer by V. Viswanathan
A bit complicated I must say. Ideally would like to see the papers and advise. However from whatever I have understood below is the reply
Father can only make Will for his share not for his sons share. Who expired first. If son then ok else fathers will says that after this death his share to be trfd to son (one who died) . Then upon fathers death son can only decide whom to be transferred and not father. Can't explain much on whatsapp. I would gladly guide you if you visit my office at Prabhu Associates, Swagat Bhawan, opp MSEB colony nr Indian oil, station road vasai road east. Tel 0250-2390170/71 / 6457585/95
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QW/VV/533/08.11.2016
Dear Sir
Our soc keeps share certificate of members who have not demanded the same. What is the proper policy? Is it right to keep with Soc?
Answer by V. Viswanathan
Ideally the committee should handover the same to the concerned member provided no loan is subsisting. However if they don't come forward or demand then committee has no option but to retain with them
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QW/VV/534/08.11.2016
Please can you explain me Non-occupancy charges? Please sir give full details or suggest me or give the bye law no.????
Answer by V. Viswanathan
Non occupancy charges to be levied when the member himself does not occupy the unit and it's being occupied by someone else not being his relative. Housing department circular dated 1.8.2001 states that it cannot be more than 10% of the service charges. This does not include sinking fund , repair fund , water charges, parking and others. 10% of the maintenance only also called service charges
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QW/VV/535/08.11.2016
One of our member ask us in which section/bye law no. is written to charge 5 time X maintenance for illegal work.
Answer by V. Viswanathan
Bye law no. 168a states that if any member is occupying any of the society area illegally like the lobby, corridor, terrace then 5times of the maintenance may be charged. For any other violation including illegal construction the maximum penalty is 5000/- . In either case general body resolution is advisable and show cause notice to member is must
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QW/VV/536/08.11.2016
Is necessary to submit original certified copy to building society office. Because society commitee member ask for original copy. And they stop to member for entering in society premises.
Answer by V. Viswanathan
I suppose you are referring to registered agreement. It should be certified true copy only and not original
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QW/VV/537/08.11.2016
I have purchased flat on loan.All original documents are with bank,I wanted to transfer share certificate on my name so what other step I can take
Answer by V. Viswanathan
Check with society if they are fully prepared to do so. Later ask the society to write to bank calling for share certificate with an written assurances that once transferred they will handover the original share certificate directly to bank and not to you. Should work.
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QW/VV/538/14.11.2016
If the name in Agreement for Sale of flat purchased is as under.
1st name Wife
2nd name Husband (jointly) and Nominee is Married Daughter.
If Wife gets Expired.
What Society Wl do ?
Flat Wl be Transferred in the name of 2nd and joint owner I.e. Husband ?
Or it will be transferred in the name of Nominee. i. e. Married Daughter ?
Kindly clarify the matter in question ?
Answer by V. Viswanathan
After following all the due procedure the first name will be daughter and second name husband
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QW/VV/539/14.11.2016
Supposed AFTER DEATH of WIFE if Daughter wants to SELL the FLAT., Does Husband's SIGNATURE is Required and MUST ?! Or She can Sell all alone. ?
In that case what that Husband / Father will Do ?
What Wl be his position.
Answer by V. Viswanathan
I have many times explained that by following legal heir procedure the daughter does not become owner of the flat but only member. She can't sell without ownership. Moreover father being Joint owner she cannot sell without his signature
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QW/VV/540/14.11.2016
I want to ask if any member in the society asks for permission for his/her flat renovation every six months..
shld d permission b given by the Managing Comittee?
Any restrictions regarding renovation of flat.
Answer by V. Viswanathan
Technically there is nothing to bar from giving permission but has to be careful to find out why it is so
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QW/VV/541/14.11.2016
In one society comitee not distributed any bill from last 5 yrs and now new elected comitee distributed bill with 5 yrs pending and current bill. With this bill they distribute one ledger copy. In that ledger shown that each month distribute bill to member and bill number also showing. But any member not received any bill . In that bill also charging monthly intrest. That's why concern member written letter to society for charging wrong intrest with wrong bill. in letter also mentioned pls show office copy of bill or please give me ans in writing why charge intrest. With this letter member submitted current year maintainance amount cheque. But comitee not accepted any cheque and also given reply if you want any answer about ledger then contact to old comitee member. Vishwanathan sir pls guide urgently
Answer by V. Viswanathan
Sending bills for last five years at one go and also charging interest utter messy. All members should come together discuss the issue in general body and come with consensus
QW/VV/542/14.11.2016
As per our land development agreement developer has not given corpus fund to maintain common amenities or open spaces to apex body.. since last 10 years. Before going for conveyance..is there any legal remedy to get this money back to our Association?
Answer by V. Viswanathan
First check the primary document that is the agreement to see that actually the builder has agreed to pay the corpus or not. If not then your case may be weak. If yes then whether he gives conveyance or not you can fight it out.
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QW/VV/543/14.11.2016
Dear Viswanathan sir
One question
In my society children play cricket till mid night 1:30 am.
Want to know what time limit authorized to out door amenities ?
Since playing area in complex only.
Thanks in Advance
Answer by V. Viswanathan
As per bye laws the playing time for children can be decided by the managing committee. 1.30 am means past midnight is definitely not A time to play if it's noisy. No noise as it is allowed post 10 pm
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QW/VV/544/14.11.2016
Dear vishwanathan sir can we collect premium on flat transfer from blood relations(on gift deed)
Answer by V. Viswanathan
No not allows
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QW/VV/545/15.11.2016
Dear Sir ,
One of our member has submitted Agreement For Gift Deed for transfer of his flat to his Daughter - in Law. He has mentioned Agreement Value of Rs.18 lacs in the deed. He has not paid stamp Duty and not registered it.
Please guide us in the matter.
Answer by V. Viswanathan
The question itself is contradictory. Once you say it's gift then it cannot have value. Whether gift or proper agreement for sale, appropriate payment of stamp duty and Registration is must. If not done no admission / transfer of membership
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QW/VV/546/15.11.2016
one of the housing society approached me to AUDIT from the fin year 2010 till MARCH 2016...
1.can i do this..
2. What type of resolution to b obtained from the society
3. Permission from DSA/ DY REG required...
4. Date of audit report
5. Only one audit report sufficient or seprate for each fin year
Pl guide me in this regards
Thanks
PANEL AUDITIR
Answer by V. Viswanathan
By this time everyone would be aware that audit has to be done by the auditor so appointed by society in general body and confirmed by DDR (means online submission to appointment was done to appointment). However in the given case you can still do audit for 2010-2016 subject to approval / appointment of general body. Obviously should be one audit report and presently dated. No permission is required from DDR / DSA
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QW/VV/547/28.11.2016
The committee has been dissolved by the Sexretary due to minority. Can the resigned committee members withdraw and take up the responsibility
Answer by V. Viswanathan
A secretary cannot dissolve a committee at all. Only if they all resign and if it's accepted can the committee be treated be dissolved. Then regular elections has to be conducted until then the old committee should run it . However if the resigned committee wants to withdraw its resignation before it is accepted then it can be done so and they can continue
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QW/VV/548/28.11.2016
If Chairman and four members of the Managing committee was resigned. Now secretory can admit new members to the managing committee without calling special General Body Meeting?
Pls guide us.
Answer by V. Viswanathan
As per election rules w.e.f 11.9.14 even if one committee member resigns elections for that post is must. Therefore secretary cannot admit any new committee member. It has to be done through proper election only
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QW/VV/549/28.11.2016
Dear sir,
As per BYE LAWS, society has to pay by cheque for amount higher than Rs.1500.
For sweeper and watchman who don't have their Bank accounts and when they are not working dedicated only for our Society, can we issue bearer cheque. Please suggest.
Answer by V. Viswanathan
Law is clear that beyond ?1500/- only account payee cheque. Encourage those people and also help them to open bank account . That's the only option
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QW/VV/550/01.12.2016
If society's any member have any personal problem to pay maintenance cheque for a month, can other member pay the maintenance cheque ( mutual understanding between both members ) or every member has to pay their maintenance by their own cheque. Please suggest.
Answer by V. Viswanathan
There is no bye law barring it. However it is better to take a letter from such person so paying that he is paying on behalf and under instructions of such member. Also additionally if possible obtain a letter from the member stating such arrangements to avoid any unseen unpleasantness later
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QW/VV/551/01.12.2016
Dear Mr Vishwanathan, please answer the following queries:
1) A member having ground floor flat with backyard given by builder measuring 10X10 approx has put up a 6X6 shade approx above his backdoor. Is putting up such a shade illegal?
Answer by V. Viswanathan
Frankly without seeing the approved plan I shouldn't be commenting . However GENERALLY such backyard areas are common area and builder sells it garden area. Secondly any construction to be done including shed the same can be done after approval of society and also planning authority. Also practically no one takes permission for shed on terrace.
2) A member has put up a business signboard on the outer side of the society boundary wall facing the road. The wall is maintained by the society. Can the society ask the member to pay a monthly rent to put up the board?
Answer by V. Viswanathan
Yes, they can after passing adequate general body resolution
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QW/VV/552/01.12.2016
Sir, my question is if an office bearers does not attend committee meetings consecutively for more than 3 times can he be removed by the approval of remaining office bearers & committee members.
Answer by V. Viswanathan
Yes. However the procedure is that it's a proposal by the managing committee and later the application for such removal has to be done in form M-18 to the registrar and he will decide the fate of such committee member
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QW/VV/553/05.12.2016
Managing committee refuses and wants to know under which provision they can correct overcharged non-occupancy charges plus interest of previous committee which they did not.
Answer by V. Viswanathan
There is no specific provision . Just get a general body resolution for the same and do it
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QW/VV/554/05.12.2016
Mng Committee have charged at times more than 110% non occupancy charges which is against rules of MCS act and are showing as arrears with interest of many thousands. AGM is not interested because of vested interest of some and this is only case.
Answer by V. Viswanathan
Complain to deputy registrar about a same with a written application
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QW/VV/555/05.12.2016
Dear all, I have a query. Please suggest. I am a co-owner along with my father of the property. I want to become committee member. My father has no time to attain the meeting.so he suggested me to attain the meeting done by the society. Can u suggest me which form should I fill to have the right of my father. Or do I need to make power of attorney. Please suggest.
Answer by V. Viswanathan
Ensure that your name is there on the share certificate as well. Then you are an associate member as you are a joint holder of property plus your name stands second in share certificate. Fill up form 10A and give to the society so that you can attend the meetings and even contest elections
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QW/VV/556/05.12.2016
Q2 Vishwanathan ji, if the past committee has somehow forgotten to collect parking and NOC charges from some of the flats/ society members, So can we now charge the parking and NOC charges on those flat's ? If yes, should we charge the arrears as well? Will there be any question asked from those flat owners now and what should be the possible reply to them from the managing committee?
Please revert.
Answer by V. Viswanathan
Even though the present committee would have right to collect the old dues. I would suggest to have a practical view to the same. You can't expect a person to pay suddenly for'n' number of years. So get it approved in general body meeting and give them some logical time for those arrears without interest. There is no specific provisions for such case
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QW/VV/557/05.12.2016
Q1. Vishwanathan ji, if a person (i.e sweeper / gardener / watchman ) who is working for more then 5 to 8 years in same society without any break, and at any point society wants to remove him, is that person eligible and entitled to get any benefits from the society; if? If yes then what benefits is he eligible / entitled for? Under which section in the bye laws?
Answer
Your question is related to labour laws and frankly i am it an expert. However shall reply on the basis of my limited knowledge on the subject. Since the number of staff working in a society is less than 10 and watchman hasn't worked for 15 or more years no benefits Perse would be applicable. Please obtain independent opinion on the same
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QW/VV/558/05.12.2016
QUESTION
Dear Sir,
One of our member is not to be seen for nearly 20 years. He stayed in flat for very few months, before the society was registered. His flat is locked. The outstanding dues are nearly Rs.6.90 lakhs. There is NO NOMINATION with society. No record for MORTGAGE of property with society. He was working in HPCL canteen, for the last 20 years he did not go to office, HPCL has declared him dead and published in news paper also. We tried to approach HPCL and sent some letters, but they did not respond to it. Some says it was financed by HPCL, but we do not have any written proof. We neither have his native address nor any relative's address with us to contact.
OUR QUESTION IS:
Whether can we sell the flat and recover our dues?
If yes, what is procedure?
What to do with the balance amount left with society after recovering society dues?
Sir, PLEASE reply.
Answer by V. Viswanathan
Firstly, society has to authority to sell the flat and their interest is limited only to their dues . Course of action for the same.
1. Send notices to the defaulted member in a gap of say 15 days by registered AD & courier as well.
2. Notice to be sent to the address in society record. That is the flat itself
3. Obviously it will come back. Don't open the envelope
4. Ask the courier guy and postman to write the reason for return of the post
5. File a recovery case under section 101 before the deputy registrar with all the supportings of your claim
6. Obtain recovery certificate from the deputy registrar
7. Obviously no one to pay then file another case with special recovery officer (SRO)
8. He will do the necessary things and auction the flat and pay your dues
9. Excess amount would go to government treasury.
10. Also gather maximum information about is whereabouts like you mentioned that HcPL Declared him dead (still wondering how they could do so) and such other possible information
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QW/VV/559/20.12.2016
Sir my question still not answered . Our developers in Mumbai has agreed to redeveloped our building situated at mumbai .Total we are all 53 tenants in the said building.As per the terms in the agreement our developers agreed to pay the rent for each tenants for their temporary accommodation. They also agreed to raise 10 % rent every year till pocession.
They also agreed in the agreement to redevelop the building within 2 years and to give the flat pocession to each tenants in the redeveloped building.
After a year they stopped giving rent and is due to us for more than 5 months.
They also stopped the redevelopment work.
What is to be done now kindly please advise.
Answer by V. Viswanathan
Actually need to read the agreement executed between society and builder properly before commenting. However now the objective should be that you have to cancel the agreement and ask for compensation for him. Approach an advocate. We also have office at Andheri we can help you
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QW/VV/560/20.12.2016
Hi friends pls help for below query.
One of our society member never attends the society meeting, neither he comes for society AGM and that too continuously from last 2 years. Proper notice is given to them about the meeting.
Answer by V. Viswanathan
As per the new bye law and act if a person is not attending AGM continuously for more than 5 years then he is inactive member. Until then no action can be taken. Even though there is a circular of 2010 which states that you can charge penalty. However my personal opinion is that this circular is bad in law. As attending AGM is a right and not duty
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QW/VV/561/20.12.2016
Friends reply awaited on my query
My sister having 1 property as co owner with her husband who has expired in the year 2012 & society firmed in the year 2015 due to some reason still she don't have completed membership in the society
Pls advise me the process to get membership in the society & transfer property 100 % with her name
Answer by V. Viswanathan
As far as membership is concerned she can apply for it by making simple application and attaching copy registered agreement, copy of death certificate of husband and possession letter . By this she will get membership . However she still has to get the 100% ownership of property for which she has to get succession certificate/ letter of heir ship
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QW/VV/562/20.12.2016
I want to know my new society registration number help me
Answer by V. Viswanathan
Apply to deputy registrar will full name address and you can get it from there
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QW/VV/563/20.12.2016
Hello !
In my building one of the owner who stays on 2nd floor has made his own terrace with joining his 1st floor house !
Is it legal ?
He is secretary of my building
Even from last 2 years there has not been any kind AGM meeting and from last 2 years we haven't got Audit Report
What can be done against him ?!
Answer by V. Viswanathan
Any deviation from approved plan is illegal. If audit not done complain to deputy registrar under section 75(5)
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QW/VV/564/20.12.2016
Our society charging transfer fee rs. 40000 this is correct as per by law what can we do if not correct
Answer by V. Viswanathan
Government circular says transfer premium to be charged is as per general body meeting subject to maximum of ?25000/-. Check the general body meeting else complain to deputy registrar
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QW/VV/565/29.12.2016
If the committee members doesn't give attention to run the society and also not interested to attend the meeting what can be done on such situations.
Answer by V. Viswanathan
If a committee member does not attend three consecutive meetings then he maybe proposed to be removed. Refer bye law no. 119. However ensure that the committee meetings ARe also called with proper notice and agenda like that of general body. Later the removal proposal should be submitted to deputy registrar is form M-18. And the registrar decision would be final and binding of both the parties. Easy way in this case is to request him to resign. No doubt then election procedure needs to be followed for appointment of one committee member
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QW/VV/566/29.12.2016
Dear sir, I would like to know the rules for one problem which has taken place in our society. A tenant having a terrace flat has taken an illegal extra connection of water line of the flat which is below him, after regular reminding him to remove the connection. We would like to know what legal procedure that can be done to solve the problem.
Answer by V. Viswanathan
I understand that one person has taken water connection from a flat below him. Correct ? You can issue notices to both the members. If still persists complaint to VVCMC and also pass general body resolution to levy penalty on the erring member
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QW/VV/567/29.12.2016
hi vishvanathan sir I have query member wants sell the flat at present he is abroad and jointly owned by mother but power of attorney is given to father that I presume by the information given to me by them. mother approached for share certificate and what r documents required before giving Noc to sell the flat
Answer by V. Viswanathan
Before giving noc ensure the following
1. There is no loan / lien on the flat from any bank / financial institutions. If there then noc should be subject to clearance of the same.
2. Dues are upto date.
3. No matter pending against the member
Regarding issuance of share certificate it may be given to one of the member
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QW/VV/568/29.12.2016
Dear Mr Vishwanathan,
please answer the following query.
What right does a member have to divert water supply pipe or sewage pipe of a building that is maintained by the society? What action can taken if a member takes inside her flat the valve that the society uses to stop water flow inside when taps are left open in a locked flat?
Answer by V. Viswanathan
Member has to right to divert any water or sewage line without the consent of the society. The society levy penalties as per bye law no. 165 also if it's persisting can initiate expulsion of membership under section 35 of the act
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QW/VV/569/29.12.2016
- if members wants to see parking applications and parking allotment letters issued to member, is society bound to show that?
Answer by V. Viswanathan
Yes! The society is duty bound to give inspection of documents if members wants to see it.
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QW/VV/570/29.12.2016
- how much we can charge to any member if he wants agm minutes
Answer by V. Viswanathan
Firstly the AGM minutes has to go to all members within 3 months free of cost. Additional copies has to be given by charging ₹10/- per page. Refer to bye no. 171(new)
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QW/VV/571/29.12.2016
if Agm approved parking rules in past and cars allotted on first come first serve basis, do the society need to still do lot every year if the excess cars are just 2-3 in society?
Answer by V. Viswanathan
Refer to bye law no. 78-84(new bye law) for parking. The general body is given the rights to decide about parking. When to change , how to change etc to be decided by general body only
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QW/VV/572/30.12.2016
*Sri Vishwanathanji. Please clarify the following:*
14(c) of the bye law provides that "on the resolution passed at the meeting of the zG.B ..... the Sinking Fund may be used....... for carrying out such structural additions or alterations..... as in the opinion of the Society's Architect, would be necessary to strengthen it or for carrying out such heavy repairs as may be certified by the Architect and on approval of G.B.".
The building had got audited structurally & Structural Auditor has given his report specifying some work mainly for stopping leakage through side walls & some other work here & there. Building is structurally sound.
The Committee now with the permission of G.B. proposes to put shed above terrace to stop leakage during monsoon. This solution is not mentioned in the Audit Report.
My doubt is that:
1) will it be in compliance of the audit report;
Answer by V. Viswanathan
If the structural auditor states that the building is fit enough to withstand the load of shed then it should be ok.
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QW/VV/573/30.12.2016
whether permission from VVMC is necessary to put shed?
Answer by V. Viswanathan
Legally yes it's required. But I don't a single society who has taken permission and paid development charges for the same and obtained permission. So for practical purposes I can say go ahead after informing VVCMC.
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QW/VV/574/30.12.2016
whether Sinking Fund can be utilized/withdrawn for erection of shed & if so to meet with the entire expenditure with a resolution passed by G.B?
Answer by V. Viswanathan
Sinking and repair fund can be withdrawn for repairs after due permission from the general body. Shed if in nature of repairs, which generally is, then it can be used. One has to just intimate the registrar no permission required
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