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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/608/15.01.2017
Vishwanth sir,
Regiration of Will is mandetory ? Or Notary
is sufficient to trasfer the flat .
Answer by V. Viswanathan
Registration of Will is not at all compulsory. In fact it is not even required to be on a stamp paper.
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QW/VV/609/15.01.2017
Dear Mr. Vishwanathan, if one member is already a co owner in a flat and wants to be co owner in one more flat in the same society, can that person write in form 23 that "i do not have any flat"? If no, what should that person write in form 23?
Answer by V. Viswanathan
Actually that is for owning more than 500 square meters. So no harm in writing it
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QW/VV/575/01.01.2017
Dear sir, what is the procedure to obtain 101 recovery certificate- Society have passed the resolution in passed AGM against the default member and sent 1 Gentle reminder with 3 notices.
Do we need to appoint consultant or we can directly meet DDR at Tam Talao.
Please suggest.
Answer by V. Viswanathan
There is no compulsion that you need consultant. You can do the same on your own self . File a case before the deputy Registrar vasai. You may purchase a book from federation on "recovery of dues". Please speak to Meghna at Vasai Taluka Co-operative Housing Federation Ltd, Swagat Bhawan, Opp MSEB colony, Near Indian Oil, Station Road, Vasai Road (E), Dist Palghar. 0250-2390170/71/2393773/74/2390302/ 03/ 2393231/32/ 6457585 / 95 / 96. Email vasaihousingfederation@gmail.com . website www.vasaihousingfederation.com
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QW/VV/576/01.01.2017
Good morning
Vishwanathan sir
What is form no.5 and how to use in society?
Answer by V. Viswanathan
It's application by individual to be done for the purpose of associate membership. It is applicable only for those whose name stands in the agreement
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QW/VV/577/02.01.2017
Dear Viswanathan Sir,
Today I came to know thru my society CA that now onwards society is also have to take gomasta license as per new government law.
Pls advice on this.
Answer by V. Viswanathan
I have my own doubts. Gomasta licence means shop and establishment licence. Since society does not do any business I am of an opinion that it is not required. However in case any specific notification is present kindly ask your CA and let me know and would like to get corrected if it is so
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QW/VV/578/04.01.2017
Dear vishwanathji our society has not alloted parking spaces to members . however members are using society parking place. please advise whether Society can collect parking charges from members who are using parking place even though parking is not alloted by Society
Answer by V. Viswanathan
Since the members are using the premises of the society for parking the society can charge parking after passing a general body resolution
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QW/VV/579/04.01.2017
Q-Can Society use maintenance money in Annual function? If yes then what is the maximum limit? And any clause reference .
Answer by V. Viswanathan
In case the expenditure is less than 25,000/- of total members 25, or 50,000 if total members 50 or 1,00,000/- if total members above 100 the managing committee can decide the spend it from the maintenance after approving the same in committee meeting .
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QW/VV/580/04.01.2017
Dear vishwanathji our society has not alloted parking spaces to members . however members are using society parking place. please advise whether Society can collect parking charges from members who are using parking place even though parking is not alloted by Society
Answer
Since the members are using the premises of the society for parking the society can charge parking after passing a general body resolution
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QW/VV/581/04.01.2017
Q-Can Society use maintenance money in Annual function? If yes then what is the maximum limit? And any clause reference .
Answer
In case the expenditure is less than 25,000/- of total members 25, or 50,000 if total members 50 or 1,00,000/- if total members above 100 the managing committee can decide the spend it from the maintenance after approving the same in committee meeting .
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QW/VV/582/14.01.2017
Dear Vishwanathan Sir,
Can society raise maintenance bills (including Service & Maintenance charges, Sinking Fund, Repair Fund) to builder for unsold flats ?
Can you please reply on urgent basis ? Thanks...
Answer by V. Viswanathan
Once the society is registered it has all the right to raise bill on all the units including unsold flats / shops
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QW/VV/583/14.01.2017
"I have purchased resale flat in virar west now society is not allowing me to change my floorig tiles. And also he stopped my work saying as today it is Sunday and every body is at home hence stopped my work... what can i do?"
Answer by V. Viswanathan
Firstly one should apply in writing to managing committee the nature of work that he intends to carry out in his flat . And if there is no structural changes I don't think any managing committee should stop it. Regarding working on Sunday and afternoons, i think even you would agree that if you get just one day leave, you would not
Like to get disturbed. If MC has passed such rule they can stop. However i would suggest you should volunteer and state that
You would not undertake work in afternoons and Sundays when people rest. Especially ladies and senior citizens at home
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QW/VV/584/14.01.2017
Sir if flat remain unsold and it is sold after society form then is builder is liable to pay the maintenance? And do we need transfer set for this?
Answer by V. Viswanathan
No, as there is no transfer. It's only admission of new member. Builder is only a deemed member for unsold flats for paying maintenance
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QW/VV/585/14.01.2017
Sir, what will be rate of maintenance? In our CHS, they charge maintenance at half rate to 5 unsold flats. Is it right?
Answer by V. Viswanathan
There is no specific rate as such. The maintenance depends on the budget of the society. Also there cannot be any disparity between sold and unsold flats.
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QW/VV/586/14.01.2017
Hello Sir, how much amount one can use from repair fund to carry out building repair work?
Answer by V. Viswanathan
There is no limit as such. Depending upon the requirement it can be used
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QW/VV/587/14.01.2017
Dear Mr. Vishwanathan,
What is the process to issue 10 share certificates as per Bye Law number 22? We had issued 5 share certificates to each of our members.
Answer by V. Viswanathan
Two ways of doing it 1. Issue additional share certificate with five shares or
2. Recall all the original share certificates and issue new share certificate with 10 days. However have to be careful to destroy old share certificates and maintaining a record of the same.
Also in either way be careful with flat owners with loans as the original share certificates should not be given to the member
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QW/VV/588/14.01.2017
Dear Sir , i have one question and very urgent...In our AGM we had election as per new process. ..We display election notice on our Notice period and also have physical notice after few day but before AGM. In AGM election officer conducted and new comittee members also elected...Now after 4-5 days of AGM and Election one of our members have gave written compliant that election which conducted is not as per co-op society act and illegal. ..He asking us to take re-election otherwise he will give complaint to Registrar....Need your help... what would be society stand in this case...waiting for your revert....
Answer by V. Viswanathan
Any member aggrieved by the election process has to approach cooperative court only. If he has a valid reason he may do so.
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QW/VV/589/14.01.2017
Dear Sir,
My query we held an AGM wherein the registrar's representative had conducted an election ,elected office bearers and committee members but now except for 2 or 3 none are interested in doing Society's work, can the Secretary write to REGISTRAR to dissolve the committee and hold new election or guide how the Secretary can proceed
Answer by V. Viswanathan
Really sad that no one wants to take over. Re election is the only option then before that let those committee members tender resignation
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QW/VV/590/14.01.2017
Dear sir one question regarding nomination.
1. Owner want to nominate his son in form No.14 for 100% share. he has a daughter also. Can son become owner after death of his father..? Can daughter claim in the court for ownership for her share..? Is there any need of NOC from daughter..?
Answer by V. Viswanathan
Nomination gives only trusteeship and not ownership. In case the owner wants to give the flat to son and not daughter after this death then it is advisable to execute Will as well.
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QW/VV/591/14.01.2017
Mr. Viswanathan, if a member has not paid maintenance for 8 months and he has given 2 cheques that have bounced in the past and is now requesting for permission to put up decorations and lighting in the building for a family wedding. Can the society deny permission asking him to clear outstanding amount first and then grant permission? And if yes. Are there any legal implications?
Answer by V. Viswanathan
Any member pays up the maintenance and enjoys the benefits of the society. Since decoration is not a basic amenity, the society is free to reject his application after passing the required resolution.
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QW/VV/592/14.01.2017
Dear Viswanathan Sir,
I was having water leakage problem in the bedroom and corridor of my flat caused due to the defective tiling/flooring in the bathroom of the upper floor.The leakage was rectified by fixing new tiles and cementing the floor of the bathroom with prior intimaton to the owner of the flat as well as society. Now after doing the repair at my cost the upper flat owner is not reimbursing me the 50 % cost of repair as per the provisionof Bye law. I have written 2-3 letters to society also to debit the upper flat owner's maintenance account and give me credit. Even 4 months the upper flat owner has not given me the 50% Share of the cost of the repairs.The society has also not debited the upper flat owner's account.
What remedy is there for me in this matter?
Answer by V. Viswanathan
It's your misconception that there is a provision in bye law of 50% reimbursement. There is no such provision in bye law or even the MCS act as well. Ironically in that case it can be concluded that the person from who's flat the leakage is there should bear the entire expenses.
Your option / remedy is only co-operative court under section 91
Of MCS act
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QW/VV/593/14.01.2017
Sir, I'm resending my question again for your reply.
Sir, we have registered association of 19 societies. I would like to request you to advice on following points:
1. Before going for deemed conveyance along with association, Is it necessary to draft memorandum of association for functioning of internal affairs and management of association.? As our association has not shown MoA to all societies.
Answer by V. Viswanathan
I presume it should be federation or an apex body. If he MOA is not shown to all societies before you go for conveyance. If things are clear in it about division of land then no separate mou may be required. It all depends on the case. Can't give a general answer to it.
If not done the law will take it own course.
or can we just follow MCS Act 1960 and model bye-laws of housing society.
2. After drafting and approval of all 19 socities, can we send this MoA to ragistrar for filing/registation.
Better if the bye laws of federation is amended and sent to registrar for approval
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QW/VV/594/15.01.2017
Dear vishwanathanji,
Can a member whose name stands as the first name in the agreement gift out his flat to his brother who is joint owner? Can the first named person prepare the gift deed as 50 percent.? If or if not, what are procedures
Answer by V. Viswanathan
Yes, he can do it. However it is advisable to make the second joint owner as confirming party to avoid any dispute. Example A and B are joint owners. A wants to gift his share of 50% to C. Then you can make a gift deed wherein A will be transferor and C will be transferree. But here make B also a confirming party to avoid any dispute between B and C later. In short you are making B aware of such transfer
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QW/VV/595/15.01.2017
Our redevelopment project by builders is through Mahada. Builders says they will give possession upto 30th March or latest 15 th April.He is not allowing anyone to see the status.His Temporary accommodation rent is pending from 6 month.He saying for getting occupation certificate from Mahada every tenant holder has to sign the agreement that they all have got the temporary possession and we don't have any dues left with the builders. He also promises that he will give rent chq till 31st March in advance. Is it necessary to sign an agreement stating to Mahada for getting occupation certificate.
Answer by V. Viswanathan
Frankly I am not fully aware of MHADA rules as it is applicable for Mumbai only. However you can insist on the builder on giving you all the required papers that's for sure. If he doesn't then apply to mhada under RTI and get it. For your mahda related query please call at our Andheri office on 022-42551414/28 and you will get guidance.
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QW/VV/596/15.01.2017
Sir if the flat is in the name of 1st holder mother and the 2nd & 3rd holder is their 2 son as per the agreement.And if the 1st holder Mother expired .Building is under construction. Society is not formed then in that case what paper work required to register the 2nd and 3rd holder name as the members when society is formed.
Answer by V. Viswanathan
Since the first owner has expired , it is advisable to obtain the succession certificate from the competent court. For society formation owner 2 or 3 can sign
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QW/VV/597/15.01.2017
Viswanathan ji, can a flat purchased for residence at the time of construction and registered as such be made an office in a residential building with out staying in such a flat much against the wish of other flat owners as they r getting disturbed because of frequent visits of customers. Pl give Ur opinion.
Answer by V. Viswanathan
A flat once approved as flat is always a flat and cannot be used as commercial purposes. The society can stop the member from using it. Else complain to planning authority
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QW/VV/598/15.01.2017
Nov. 2015 election for the committee for Hsg. soc. was held under the guidance of govt. authority in his presence. Office bearers have not called any meeting so far. Also for the last two years no account has been prepared and produced before general body nor submitted to govt authority. In such case who is the authority to be contacted. Within the soc. what action is to be initiated to run the society properly. There r only 16 flats. Your kind advice is solicited pl.
Answer by V. Viswanathan
Complain to deputy registrar for non conduct
Of AGM under section 75(5) and the managing committee would be disqualified for five years
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QW/VV/599/15.01.2017
Good morning Sir...my question is any shop owner using society space (outside their shop area)in this case What action to be taken from the society. Please suggest.
Answer by V. Viswanathan
Up to the Otla area and shop owners can use (not to construct anything). Beyond that is society property. Even after required notices it continuous then society can charge upto five times the maintenance as penalty for such usage plus you can initiate action for removal of the same
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QW/VV/600/15.01.2017
Viswsanathanji, is there provision for part OC by municipality? If so buildings having part OC r entitled for municipal water connection? Pl. enlighten.
Answer by V. Viswanathan
Yes, there is a provision for part OC. Secondly whether OC or part OC you are entitled for municipal water. However OC has nothing to do with municipal water as far as VVCMC is concerned. Like now VVCMC clearly states that it
Does not guarantee water supply for new buildings. Also in Mumbai BMC charges more for water supply without OC
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QW/VV/601/15.01.2017
Dear sir, Please guide us on home tution classes are running in our society. They refused to stop that. It's a legal doing classes at residential flat.
Answer by V. Viswanathan
There is a Supreme Court judgment which states that if a person is staying and using it for tuition or consultation then it is allowed
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QW/VV/602/15.01.2017
Sir how much non occupancy charges for shop or office can we bill per month? Ours is a fully commercial building
Answer by V. Viswanathan
Flat or shop the non occupancy charges are only 10% of maintenance charges
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QW/VV/603/15.01.2017
Please help us clear our doubt
Dear Mr. Vishwanathan,
Few members in our society do not pay their maintenance dues inspite of repeated written and verbal reminders. Our MCM is aware of the section 101 process and we also understand it is time consuming. The committee is facing acute shortage of funds because of such erring members and we are struggling to make our ends meet.
One suggestion we received was disconnecting water supply to such flats because we do not have a VVMC water connection and the society pays for the electricity bill for water pump and maintenance charges.
I am aware that disconnecting the water supply is a criminal offence and the committee members could be penalised for it. However is there an exception to this rule since the society is paying for getting the water from bore well?
Answer by V. Viswanathan
I understand your issue. But frankly there is no other way. Yes, there are different ways of doing it by twisting the laws to suit to your society's requirement which I would not discuss in this forum
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QW/VV/604/15.01.2017
Dear sir
Please confirm if builder allotted parking to 9 members and in our AGM society passed resolution for all stilts parking is common for all in this case is there any legal validity for who got allotment from builder to save their parking
Awaiting your reply and if you know any advocate for get stay order against resolution through consumer court or any remedy
Answer by V. Viswanathan
To my knowledge and experience it is difficult for the member to save his parking even though it might depend on case
To case. Shall give you reference of an advocate
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QW/VV/605/15.01.2017
Dear Vishwanathan..
There is a situation for which guidance from eminent members of this group bis needed...
During the construction, builder has passed draining pipe from inside the property of a member... Member is inconvenienced due to the fact that drainage pipe is passing through his/her property and any issues with such drainage will make member undergoing trouble..
While it is logical that nobody would like common drainage pipe passing thru their property...
What is the amicable and logical solution for member to get this common drainage pipe to be removed and how a society can make alternative arrangements if Available....
Does a member have right to ask for alternative arrangements?
Is it mandatory for society to address the need of member?
There can be stubborn stand from both side where member can block the drainage or society can refuse to take any action but, what is the right procedure to get out of the situation?
Is the alteration in drainage system need permission from any other authority?
Sorry if the post is made too long in efforts to present the case efficiently...
Answer by V. Viswanathan
It is very evident that the pipeline had a faulty way under the flat. Better to amicably sort it out and lay a new line away from the flat and it should pass through common place only. Stubbornness would only lead to litigation
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QW/VV/606/15.01.2017
Sir,society can charge sinking fund / repair on the basis of square mtr or square ft ?
Bcoz while selling builder sold flats on the basis of square ft but while registering the agreement he mentioned square mtr.
Also wht should be the % of sinking fund / repair fund considering cost of construction is 1000rs per square ft ?
Answer by V. Viswanathan
While charging sinking fund, square feet or square metre doesn't make any difference. Assuming 1sq mtr is equal to 10 sq ft, if you take 50 sq mtr then the rate is ?10000/- cost of construction instead of ?1000/-.
The rate is fixed for sinking fund 0.25% pa and for repair fund its 0.75% pa
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QW/VV/607/15.01.2017
The first page of agreement mistake of one character in spelling and written on other page of agreement is correct before society written receipt of maintenance is correct now from 2 months they same write on receipt which is written on first page
What can i do for this
Answer by V. Viswanathan
Just one alphabet should be problem.
Like Anitha instead of Anita. In such cases an indemnity bond may be excepted and proof of such spelling and you may do it.!
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QW/VV/608/15.01.2017
Vishwanth sir,
Regiration of Will is mandetory ? Or Notary
is sufficient to trasfer the flat .
Answer by V. Viswanathan
Registration of Will is not at all compulsory. In fact it is not even required to be on a stamp paper.
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QW/VV/609/15.01.2017
Dear Mr. Vishwanathan, if one member is already a co owner in a flat and wants to be co owner in one more flat in the same society, can that person write in form 23 that "i do not have any flat"? If no, what should that person write in form 23?
Answer by V. Viswanathan
Actually that is for owning more than 500 square meters. So no harm in writing it
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QW/VV/610/21.01.2017
Mr. Vishwanathji
If a member of society was died and he was not make any nomination left
His family members wife and his three sons can make the gift deed in the favour of his cousin brother is legal or
What is the right procedure
Please guide
Answer by V. Viswanathan
Firstly if a person dies without making nomination or will. The person who's name the flat membership has to be transferred has to give indemnity bond as per form 19, other legal heirs an affidavit, paper notice in form 16 and other forms only then the membership can be transferred. Please note it's only membership and not ownership. For getting ownership get the succession certificate
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QW/VV/611/21.01.2017
If society is not following election rules while conducting election.such elected body is legal or illegal.can a member make a complaint to sub registrar.
Answer by V. Viswanathan
Election has to be conducted as per the election rules of 11.9.14 by the SCEA only. Any violations can be complained to the registrar . Technically that committee is not a properly constituted committee at all
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QW/VV/612/21.01.2017
Sir please answer if managing commitee elected on 23 march 2013 without informing SEA is valid or invalid
Because amendment was done on 14 feb 2013
Answer by V. Viswanathan
No doubt the MCS act was amended with effect from 14.2.13 however the election to committee rules were notified only on 11.9.14. Therefore if they have followed due procedure at that time then it should be valid committee
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QW/VV/613/23.01.2017
What shud be number of managing committee member of Apexbody of housing federation if it has 27 societies under Apexbody and which byelaws wud be applicable to federation of housing societies?
Answer by V. Viswanathan
For housing federation or apex body the maximum strength of the committee is 21 as per section 73AAA of the MCS act. The bye laws has to be drafted in lines with the MCS act. There is no model bye law for housing federation
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QW/VV/614/29.01.2017
Dear sir....my question is...
if some face electric problem from main switch for individual flat who will pay the amount? Society or flat owner
Answer by V. Viswanathan
If it's related to one individual flat then that flat owner should only pay for it and not the society
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QW/VV/615/29.01.2017
Dear Mr.Vishwanatha, we have given the NOC for home loan from society to the bank Reliance Home Finance for one of the member . Bank has asked to include the following clause. Need your opinion.
Answer by V. Viswanathan
I have gone through the text sent by you. It speaks that the land and building of the society does not have any encrumbrances plus the maintenance in respect of that flat is clear. If yes then go ahead and give
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QW/VV/616/29.01.2017
Dear sir,
If a flat owner (single name in agrmnt) wants to appoint his wife as Associate Member, what formalities are to be completed by him and the Society. Pl give your expert advise.
From Krishnaraj CHS
Answer by V. Viswanathan
After the amendment to MCS act with effect from 14.2.13, a person can become an associate member only if his name is present in the agreement. If no name in agreement then he cannot become an associate member
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QW/VV/617/29.01.2017
Question is if draft of minutes of AGM is not circulated to its members within 03 months of AbGM. What course of action now committee members should take on decision which was approved during AGM in Sept 16 and if committee should call Special General meeting again for approval of decision taken during AGM and also if any gap of period to be kept for Special General Meeting and last AGM which was conducted in September 16. Please advise.
Answer by V. Viswanathan
There is no gap required between AGM and SGM. You can have any number of SGM in a year. Once a resolution is passed in AGM no SGM required. It's the duty of committee to inform the members with minutes to all the members. If not done the same should be done now. No SGM required for the same. If any member is agitated about the delay is circulating minutes he can complain to registrar
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QW/VV/618/29.01.2017
Dear Vishwanathan Sir,
I reside on the 3rd floor, the terrace is above my flat.
There is perpetual leakage from the outer walls and terrace which worsens during the monsoons and has damaged and continues to damage the renovation work done to my bedroom.
It's been a year and all requests to the Society Office and concerned Office Bearers for repairs to the damage both external and internal of my bedroom have been conveniently ignored and fallen on deaf ears.
Infact illogocal resolution has been given by the Secretary wherein I have been told that I should tile up my inner wall and ignore the leakage from the outer wall since the outer wall does not concern me! The answer is astounding as the persistent leakage from the outer wall will result in futile efforts of any further planned renovation...
Kindly advise as to my rights and what specifically I need to do as a bonafide flat owner who pays the maintenance deligently, to get a permanent resolution to the pertual leakage issues from the terrace to the walls of my flat especially my bedroom area.
Answer by V. Viswanathan
Really sad to learn this. Follow the below mentioned procedure
1. Write a detailed letter with photos and if possible structural audit of your flat and the terrace, to the society asking them to repair the same immediately. Send by registered ad and also by courier.
2. If still they don't act the. Approach deputy registrar seeking him to intervene and requesting him to issue directions to
Society and asking them to do the repairs
3. Inform local authority about the deeds of the society
4. Still nothing moves then go To court
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QW/VV/619/29.01.2017
Pl. Let me know if society can charge transfer fees, entrance money; and transfer fees for transfer of nane in the time of gift deed transfer
Answer by V. Viswanathan
Criteria to charge transfer fees, entrance fees and transfer premium is not whether its gift deed or agreement for sale. It is whether the transferor and transferee are related to each other or not. For eg if father selling flat ( not gifting ) his to son then no transfer premium. Similarly A gifting flat to B who are not related, still are required to pay transfer premium. Irrespective of the transaction transfer fees of ?500/- and entrance fees of ?100/- would be applicable
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QW/VV/620/02.01.2017
Dear sir need your guidance plz
Dear sir one of the society member who resides in the flat, is asking for noc for gumsta license. Can society issue such noc without any legal hurdle now and even in future.
Answer by V. Viswanathan
Legally speaking commercial activities cannot be allowed in a residential area. However if the member wants to use his residential premises only as registered address and would not do any commercial work then subject to he giving an indemnity bond to that effect it can be given for using premises purely as registered or correspondence address
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QW/VV/621/02.02.2017
Sir in my society one of the members has encroached unto scty premises. Committee sent a letter asking him to demolish the construction carried out. He refuses n is asking the committee to take action against members who have modified their flats.Besides, this person is not a member. The flat belongs to his father who refused to transfer the flat to the son . I had sent my query on 30th Jan but there was no reply from your end. Could you please give me your valuable advice.
Answer by V. Viswanathan
Approach VVCMC with a complaint and force them to come and demolish it
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QW/VV/622/04.02.2017
Please let me know what are the charges to be collected from a traneferor and transferee
Answer by V. Viswanathan
Transfer of membership can be done by managing committee. There is no provision to stay that it has to be done in AGM. The transfer fees are fixed ?500/- entrance fees fixed ?100/-, over and above what you charge is called transfer premium which cannot exceed ?25000/- . The basis of working of transfer premium can be anything
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QW/VV/623/04.02.2017
What is the process of deemed conveyance with out oc
Answer by V. Viswanathan
Unfortunately presently if there is no OC the cases of deemed conveyance before the DDR are stalled. However on or before 1/5/17 the new rule RERA (real estate regulations act ) would be applicable and by which you can approach HRA (housing regulator authority ) and get it. Needless to say new rule needs to be tried and tested
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QW/VV/624/04.02.2017
Dear Mr Vishwanath,
If someone wants to use their residence for commercial purposes like selling dress materials or other products and services like baby sitting etc, then should they be allowed and can society charge for the same. Also can society lease its walls and empty spaces for commercial purposes or would this require members approval.
Answer by V. Viswanathan
As per various Supreme Court judgments if a person is staying in a flat and using his flat partial of above mentioned commercial activities then it is allowed else no. Regarding renting of common places by society general body permission must
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QW/VV/625/04.02.2017
Dear Mr. Vishwanathan, would appreciate if you can answer the following two queries on an urgent basis:
1) Parents expired, flat lien marked, nominee son was minor. Lien mark removed, nominee son becomes 18. The next step is to get succession certificate and register the property in the name of the son, right? Society cannot allow the flat to be rented out before that, isn't it? Because flat is still in the name of dead parents.
Answer by V. Viswanathan
Correct
2) The wife of a member who is not a co-owner, wants to place a table in society premises and sell ladies dress material for 3 hours for just one day. She then wants to sell dress material from home. We do not allow any commercial activity inside the society other than private tuitions and baby-sitting from flats of individual members. Can this lady be allowed to set up a temporary stall for a nominal fee?
Answer by V. Viswanathan
To allow member or his family members to use common areas for some time should be decided in general body meeting after considering all the pros and cons. If they want to use their residence partly for staying and partly for selling dress material it's allowed. Many Supreme Court judgments
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QW/VV/626/04.02.2017
If i want the list of chs ltd those got deemed conveyance without oc , to whom we address the RTI application
Answer by V. Viswanathan
Apply to District Deputy registrar either thane there is one or Mumbai there are four
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QW/VV/627/04.02.2017
Dear vishwanathanji,
In the purchase agreement of the flat,elder brother's name stands first and younger brother's second,that is they are joint owners.No percentage of ownership is mentioned in the agreement.Now the elder brother,the first name holder prepared a gift deed showing the gifting of 50 percent of his right to his younger brother second name holder of the agreement.INow the second holder applies for memberships.Can we accept the gift deed and transfer ? Since the percentage of ownership is not mentioned in the agreement,50 percentage clause in the gift deed is legally correct or not? Instead can we ask them to go for Release deed?
Please give your valuable suggestions in this regard at the earliest.
Answer by V. Viswanathan
Whatever they have done between them is perfect. Release deed not required here. You have to effect the transfer. Additional information No transfer premium to be paid. Not even entrance fees of ?100/- only transfer fees
Of ?500/- . Obtain the registered gift deed and transfer forms. Yes, If nothing is mentioned it is presumed to be 50:50
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QW/VV/628/04.02.2017
Q. Ex-secretary of our society lost Share Certificate of 1 Member. Can we Issue New Certificate with the word DUPLICATE on certificate and issue to the member. Also we will mention in Share Register of the same. Please guide
Answer by V. Viswanathan
Have a managing committee resolution (secretary's vote should be excluded being the affected member) ensure that no loan is subsisting. Charge ?100/- and issue with duplicate on it
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QW/VV/629/04.02.2017
Dear Vishwanathanji...One of society members need society permission for parking his own commercial Motor CAR in the society premises with giving his consent for charging necessary parking charges in the maintenance bills...Pls advise can we go ahead and issue him the letter for parking in the society premises
Answer by V. Viswanathan
I understand commercial motor car means car with T permit. If he is a owner then yes allowed. Parking charges normal as passed in general body
For all the other cars. Nothing additional.
In case you are referring to commercial vehicles like tempo, rickshaw etc then general body has to decide the Parking Charges for such vehicles
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QW/VV/630/04.02.2017
If any member having two cars what is the procedure to be adopted for allowing parking.
Answer by V. Viswanathan
All parking policies has to be decided in general body in the best and logical manner
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QW/VV/631/04.02.2017
sir.
can society member continue ladies tailoring work in flat..?
Answer by V. Viswanathan
If he is staying in it and partly doing tailoring job then yes he is allowed
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QW/VV/632/04.02.2017
Dear Vishwanathanji...One of society members need society permission for parking his own commercial Motor CAR in the society premises with giving his consent for charging necessary parking charges in the maintenance bills...Pls advise can we go ahead and issue him the letter for parking in the society premises
Answer by V. Viswanathan
I understand commercial motor car means car with T permit. If he is a owner then yes allowed. Parking charges normal as passed in general body
For all the other cars. Nothing additional.
In case you are referring to commercial vehicles like tempo, rickshaw etc then general body has to decide the Parking Charges for such vehicles
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QW/VV/633/06.02.2017
If any member having two cars what is the procedure to be adopted for allowing parking.
Answer by V. Viswanathan
All parking policies has to be decided in general body in the best and logical manner
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QW/VV/634/06.02.2017
sir.
can society member continue ladies tailoring work in flat..?
Answer by V. Viswanathan
If he is staying in it and partly doing tailoring job then yes he is allowed
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QW/VV/635/06.02.2017
1 person have purchase a flat from builder before registration of society. But he has got registered the agreement after 3 years.
Now he has approach the society after 7 years means approximately 10 years after formation of the society.
What should be the society stand whether transfer the said flat in his name n maintenance bill in his name till date, In society record it has been shown builder's name.
He submitted the sale agreement to the society. And ask to transfer the said flat in his name.
He is ready to pay the pending maintenance till date from the formation of the society.
Answer by V. Viswanathan
There is no transfer here. It's only application for membership, as the person is applying for membership after society is formed for the first time. Welcome him wholeheartedly, accept the money towards dues, get the copy of registered agreement, membership form, entrance fees and share money total of 600/- if not given by builder earlier
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QW/VV/636/06.02.2017
One of flat owner is missing since more than 5 years.police complaint has been made in this case. He is having wife and one daughter who have sold the flat and in agreement both wife and daughter have signed alogwith purchaser.No society noc is taken.No intimation is given.Agreement is got registered also. Now purchaser has approached to society to transfer the share certificate in his name.please guide in this case.
...thanks
Answer by V. Viswanathan
Assuming that flat was in the name of the person missing , the sale is bad in law. Wife and daughter has no right to sell it. You shouldn't transfer the membership to purchaser
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QW/VV/637/07.02.2017
Dear sir, what action would be taken if shop owners are not paying maintenance,with no reason.
Answer by V. Viswanathan
Shop or flat owners if they don't pay
File recovery case under section 101 with deputy registrar
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QW/VV/638/07.02.2017
Dear Sir, Please guide on following points: Society is having 125 members. Its audit is done by GDCA auditor from grade- C-1since last 5 years & society A. G. M. has approved him for year 16/17. Can he is authorised to conduct audit? What action can one of society member take? To whom to be approached? If any circulars are there then give its number & give the source from where it can be obtained. Society even not maintained any required Register I.e. I form, J form, Share Register & nomination Register but audit report does not show this. Can any action for re- audit required & by whom?
Answer by V. Viswanathan
GDC&A can't audit 100 plus members society. Inform the society , the auditor, the district deputy registrar, deputy registrar and the district special auditor. The audit has to be done again and instructed by DDR. I can send your circular shortly.
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QW/VV/639/07.02.2017
What is the require quoram for AGM/SGM.
Total registered society members are 25 nos.
Answer by V. Viswanathan
1/5th of total members or 20 which ever is less
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QW/VV/640/08.02.2017
How much max parking charges can be taken for 2 wheelers and 4 wheelers by society.
Answer by V. Viswanathan
The parking charges to be charged as may be decided in general body meeting
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QW/VV/641/08.02.2017
What is the require quoram for AGM/SGM.
Total registered society members are 25 nos.
Answer by V. Viswanathan
1/5th of total members or 20 which ever is less
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QW/VV/642/08.02.2017
How much max parking charges can be taken for 2 wheelers and 4 wheelers by society.
Answer by V. Viswanathan
The parking charges to be charged as may be decided in general body meeting
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QW/VV/643/14.02.2017
Secretary is not calling monthly committee meeting since last 5 month , neither chairman nor treasurer either calling meetings
As per laws what is action taken against them .
Answer by V. Viswanathan
Write to secretary about the same first and still if he doesn't call make a complaint to deputy registrar
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QW/VV/644/14.02.2017
Dear Mr.Vishwanthan,
I am resubmitting my question the 3rd time.
We had submitted our share certificate along with other docs to the secratary of the societey but we lately found that the secreatry mentioning that she cannot find it and she says that we may have not submitted it..however she.mentions of checking it in the society office also as she keeps some docs at her residence.
Kindly let us know how do we sort out this concern.
Answer by V. Viswanathan
Firstly do you have a proof of submitting the share certificate to society if yes then you have a right to ask for it. Secondly if you are sure that the society has misplaced it then a practical solution would be ask the society to admit the same and issue a new certificate
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QW/VV/645/14.02.2017
Dear sir,
Our society is due for the MC elections .
1. Can the associate member whose name stands second in the agreement n share Certificate participate in the elections n join the managing committee ?
Answer by V. Viswanathan
yes. provided the first owner relinquishes his right in favour of the second owner.
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QW/VV/646/14.02.2017
Is the consent letter of the first owner required?
Answer by V. Viswanathan
Yes. required.
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QW/VV/647/14.02.2017
A member who has lost her spouse . Her name stands second in the agreement. Is there any letter required from her to take part in the elections? She has submitted the death cert to the office.
Answer by V. Viswanathan
the with nomination or without nomination procedure has to be followed. I have replied many answers on those lines. please see my FAQs on our website.
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QW/VV/648/14.02.2017
If the society do the major repairing or shed work approx Rs. 11 Lakhs and society have only PAN and does not TAN
Can society deduct tax and from contractor bill 1.2% or more ( How much) and deposit in Govt. Tresurery and issue him TDS Certificate
Answer by V. Viswanathan
TDS is to be done. The society has to obtain the PAN and TAN numbers. if the contractor is a proprietorship firm then 1% of the bill amount else 2% of the bill amount. the TDS so deducted should be paid on or before the 7th of the following month and the TDS returns has to be filed on or before 21St of the end of that quarter. the TDS certificates should be downloaded and sent to the deductee after the end of the quarter.
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QW/VV/649/16.02.2017
Please advice i I have purchased a resale property and had applied for a loan.
This is third transaction on the same flat I would be third owner.
Society is formed in the bldng. Share certificate was issued in Jan 2007 and in the same year in April 2007 name of the 2nd owner was updated on share certificate
Bank is saying this is violation we wont be able to fund this on this property
Please suggest if name on share certificate is update twice in the same year it is violation
Answer by V. Viswanathan
The bank officials must be insane to reject the proposal on such grounds. No doubt that as per section 29 (2) the membership can be transferred only after one year. however if the transaction is complete in all respect and there is no dues or disputes between the present and the old owner then they should finance after obtaining a required indemnity bond from the present owner.
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QW/VV/650/16.02.2017
Dear Prabhu /Vishwanathan Sir,
As CHS byelaws if our society is not adopting byelaws, not getting registered in federation, not making any rule and regulations for open spaces, parking charges,terrace permission and charges, ilegal construction on open space etc what legal action can be then taken for above mentioned.
Answer by V. Viswanathan
Adoption on new model bye laws perse is not compulsory. however if they dont adopt the bye law then all the new provisions of the MCS act 2013 would be applicable to them with effect from 14.2.13. therefore indirectly adoption becomes compulsory. regarding other issues, I suggest let 1/5th of the total members write to the committee and request them for special general body meeting. if they dont call within one month from the date of application then approach deputy registrar.
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QW/VV/651/18.02.2017
I m owner of residential flat . Can I use my address for gumasta license and sales tax registration.
I would like to start small consumable trading business. I will not use my residense for trading. I mean for storing material or anything
Answer by V. Viswanathan
Legally a flat cannot be used for commercial purposes, however if you are staying in the flat and want to use the flat only for the purpose of registration of sales tax and others then you can issue an indemnity bond to that effect and if the society agrees then they may issue you a NOC. storing of items if not staying in the flat in my opinion is strictly no no. as it arrives at commercial activity only.
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QW/VV/652/18.02.2017
Sir, it was heard that obtaining society NOC before selling/buying the flat is not required as per new rules. Is this correct.
Answer by V. Viswanathan
Your hearing is correct. It is not required.
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QW/VV/653/18.02.2017
Dear Vishwanathan Sir,
Society is not yet registered by builder but hand over process is done. Society is collecting maintenance from members.
My question is whether to prepare only Income & Expenditure A/c. or to prepare Balance sheet also ?
Answer by V. Viswanathan
Prepare both only then there would be better clarity in the status of the financials of the association of persons
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QW/VV/654/18.02.2017
Dear sir, whether society can open sinking and repair fund FD in any nationalised bank as currently we make FD in Thane district cooperative bank.
Answer by V. Viswanathan
all fixed deposits should be continued with District Central Cooperative bank only. The savings account of the society can be opened with any nationalized or scheduled bank only.
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QW/VV/655/18.02.2017
Dear vishwanathji, Builder has allocated parking to few buyers by taking money in black and just provided allotment letter. Society has rejected the parking in General body meeting by majority votes. Buyers are saying that since Society has not received conveyance, it cannot cancel the parking. Kindly advice for the same. Does society should have conveyance to reject the parking allotted by builder?
Answer by V. Viswanathan
The moment society is registered it becomes the owner of all the common areas including parking areas, corridors and terraces. Therefore in the present case the society has right to allocate the parking areas. however for all PRACTICAL purposes and to avoid any disputes amongst the members, it is advisable to avoid such situations.
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QW/VV/656/19.02.2017
Sir how much maximum penalty can be impose by passing in AGM for any encrosement
Answer by V. Viswanathan
as per bye law no. 169(a) the penalty can be upto five times the monthly maintenance charges subject of approval of general body.
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QW/VV/657/19.02.2017
What to do Sir if society charging more than 5 time monthly maintenance by passing in AGM
That is around 20 times monthly maintenance per month plus increment base
Answer by V. Viswanathan
Technically as per bye laws the issues related to penalties has to be referred to cooperative court. however you can do the following 1. write to committee and deputy registrar inviting their attention to the bye law no. 169 (a). 2. pay the rest of the amount minus the excess amount charged by them or minus the entire penalty. depends of stand that you take.
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QW/VV/658/19.02.2017
Sir is terrace flat who pack it should also be charge 5 times monthly maintenances
Answer by V. Viswanathan
Yes, if its society's place. need to see the approved plan before stating it.
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QW/VV/659/19.02.2017
Hello Vishwanathan Sir
Q: Is it compulsory as per bye laws to make new members only in Agm ? Or new members can be granted membership in mcm also ?? Plz advise.
Answer by V. Viswanathan
There is nothing in the act or bye laws which states that the membership transfer should be done in AGM only. even the managing committee in their meeting can do so.
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QW/VV/660/20.02.2017
Also plz advice whether we can charge maintenance ( including service charge + water tanker charges ) to builder for their unsold flats ??
Answer by V. Viswanathan
yes you have to charge maintenance to unsold flats also.
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QW/VV/661/20.02.2017
Q...in case of resale flats where cidco transfer is mandatory, a. some societies refuse membership till Cidco transfer is done.. b. There are societies who make them members but hold the share certificate till cidco transfer is done. Which is the correct position in law..
Answer by V. Viswanathan
In CIDCO related societies, one the requirement for obtaining membership is NOC from CIDCO. therefore in my opinion first the NOC from CIDCO is must before applying for membership from the society.
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QW/VV/662/20.02.2017
Dear Mr Vishwanath.
We hv a member who has purchased a flat but has not paid transfer fees nor is he paying any maintenance from the time he has purchased the flat.
we have not yet made him a member, hence would like to know if we can cut off the water connection, stop collection of garbage and stop any other facility given to members.
Answer by V. Viswanathan
Stopping the water connection is a criminal offence, which obviously any sane person would not advise. Obtaining membership is a persons right and not duty. In case any person does not want to become a member of the society so it be. however paying the society's maintenance is his duty. Since he has a flat in the society building and he is enjoying all the facilities he is duty bound to pay the maintenance that the society levies. In case if he doesnt pay, my suggestion would be either file a recovery case under section 101 of the MCS act in the name of the member who is there as per society record and also the person who is occupying. as 101 is only against member. else you can approach co-operative court under section 91. dont forget to charge Non occupancy charges of 10% of the maintenance (service charges)
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QW/VV/663/21.02.2017
As per the present bye laws is it mandatory for calling representative of registrar for election in societies having 12 members.
Answer by V. Viswanathan
After 14.2.13 and upon the election rules with effect from 11.9.14 it is mandatory to call the State cooperative election authority (SCEA) to conduct the election of any society.
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QW/VV/664/21.02.2017
Q. The flat owner referred above has not done Cidco transfer. So he is not a member. However he has sent legal notice to society pertaining to leakages and maintainence bill. Should the society reply to the legal notice sent by such a flat owner
Answer by V. Viswanathan
Ideally yes to avoid any further disputes. Make it clear in your letter. Address his issues and also your requirements.
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QW/VV/665/21.02.2017
Sir what penalty is there for a Society if it fails 2 undergo Structural Audit which is mandatory every 5 years upto 30 years & every 3 yrs beyond 30 yrs even though the condition of d Bldg structure is excellent?Pl.enlighen me.🙏
Answer by V. Viswanathan
Refer to bye law no. 76. Structural audit is must the moment the society is more than 15 years. between 15 to 30 years once in 5 years. and if the age of the building is more thatn 30 years once in 3 years. for penalties please refer to section 146 and 147 of the MCS act 2013.
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QW/VV/666/22.02.2017
Viswanathanji, in our society the room which was meant for society ie in the agreement was not handed over to the society. The room is as per the approved plan for the building by Cisco in 1996. Later, in the year 2010 builder approached approached the society to have the said room for against payment. The then committee called a general body in which it was approved by majority members to give to builder. The entire transaction was done on Rs.100/ stamp paper as memorandum of understanding & the room given against a consideration for Rs2.30 lakh. Now society is without a society room to keep society's documents. The memorandum of understanding also stated that the builder will not incur any financial obligations towards conveyance. The question is whether the memorandum of understanding which is not registered can be treated as a valid agreement for sale? The builder has already sold it to a flat owner making it a kitchen. Whether the action of the society to give society room to builder is valid? Pl enlighten.
Answer by V. Viswanathan
if the so called room was within the approved plan of CIDCO then the society had no right to encroach it. if it wasnt in the plan then the builder had no right to take it. frankly need to understand the issues correctly along with plan before commenting.
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QW/VV/667/22.02.2017
Please guide me in conveyance :
1) completion certificate required or not?
2) Two flats are sold or not we don't know . Land owner and flat occupant not giving any fix information regarding 2 flat registration then what should we do?
Without 2 flat agreement conveyance possible or not? If possible then what is the procedure.
3) In 2 question i mentioned about 2 agreement land owner owner is not giving information but he is saying I will be sign as a land owner in conveyance agreement. It is possible ? Please guide me
Answer by V. Viswanathan
Even though MOFA 1963 does not ask for the any kind of completion certificate or occupation certificate, the government of Maharashtra has issued a notification asking for the same claiming that if the same is done with OC or CC then the entire liability of OC also gets shifted to the society. Therefore with CC/ OC presently the conveyance applications are either rejected or not accepted. If there are two flats that are unsold or lets say the society has no record of the same, then the same can be declared as unsold and there would be no stamp duty on the same. the society can proceed for conveyance in those cases. so once the same is declared as unsold the landlord can execute the conveyance as Vendor and the builder can execute the conveyance deed as confirming party and the conveyance deed in favour of the soceity can be completed.
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QW/VV/668/22.02.2017
Hi sir, One of the joint owner of the flat has expired. She was the wife of the co-owner. Now the co-owner wants to sale the flat and hence needs an NOC from the society. Has submitted the copy of death certificate of his wife. Can society issue NOC for the sale of this flat. ? Pl guide.
Answer by V. Viswanathan
Lets say that there are two co-owners viz A and B. In case the proportion of their ownership is not mentioend in the agreement that it is presumed to be 50% each. That means in the given case A is 50% owner and so is B. General belief is if one expires then the other becomes a automatic sole owner. This is a myth and completely incorrect. The other person or the co-owner does not become automatic owner. to sell the property the legal heirs of the deceased has to be brought on record before giving NOC for selling. The ownership right of the deceased can be obtained from the competent court in the form on succession certificate or letter of heirship / Administration.
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QW/VV/669/23.02.2017
Dear Sir
Ours is a soc. having 35 members. How many members min. are required to hold spl gbm. Also, adjournment of mtg. is possible?
Answer by V. Viswanathan
As per bye law no.96 the special general body meeting can be called by the committee anytime or within 30 days from the date of requistion made by the 1/5th of members of the society.
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QW/VV/670/27.02.2017
Dear Sir,
Can we cut or give water supply for few hrs instead 24 hr water supply to tenants or owner who had not paid regular maintenance more than 3 mths..Or not ready to pay terrace shed charges more than 1 yr..
Answer by V. Viswanathan
Any discrimination of water supply to a particular member on any issue would be a criminal offence. for eg you say that since one member has not paid the dues then his timings are reduce. This would be an offence. you shouldnt do that. Instead initiate legal action against them.
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QW/VV/671/27.02.2017
Dear Sir, we have not raised maintenance in our society in the past 7 years. Procuring water is a big cost for us. Some members are asking for more water in this dry season, totally ignoring the cost implications. They are insisting that we withdraw from society's sinking fund, repair fund or maintenance fund. The problem is, fixed amounts need to be kept for these funds and any kind of reckless expenditure will adversely affect the society's finances. Isn't it illegal on the part of these members to ask for society's funds to be spent mindlessly just because they need more water? Shouldn't they pay more for the extra water that they need?
Answer by V. Viswanathan
You are right ! the society should not be using the sinking funds for the purpose of regular maintenance. if they want more water then they have to pay for it. This I am stating presuming that your budgeting is correct. Secondly I have surprised how come you havent done any raise in the maintenance bill. I am sure your society must be having loss or excess of expenditure over income. Manage your funds juidically after proper budgeting.
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QW/VV/672/27.02.2017
Dear Sir, query regarding a private terrace flat. Flat owner want to level the private terrace into the flat level. Terrace is half feet above the flat. Is it consider as structural change?
Answer by V. Viswanathan
Any changes from the original plan is a structural change. Most of the people feel or misunderstand that only if there is changes to pillars and beams its is structual change. Thats incorrect. Even a increase in size of the window is structural change. therefore in the given case too the member has to obtain the required permission from the committee.
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QW/VV/673/27.02.2017
Is deed of relinquishment with respect to share in flat to be in stamp paper and whether need to be registered. If it is in stamp paper what should be the value.
Answer by V. Viswanathan
Any transfer of property should be properly stamp and registered. The stamp duty (or the stamp paper as referred by you) depends of the relation of the donor and donee.
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QW/VV/674/27.02.2017
Vishwanathan Sir,if society noc is not required for sale purchase thn tomorrow any one who has some dues towards soceity can sale his / her flat & run away.. In tht case how will society recover its dues ??
Answer by V. Viswanathan
Getting membership is different and paying maintenance is different. If a person doesn't pay then file a case under section 101 of MCS act. You can recover the money. The liability remains on the flat. If one person runs away then the buyer comes in. He has to pay. Also a sane buyer would obtain a no dues certificate or a NoC
From society and only then buy a flat
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QW/VV/675/03.03.2017
Dear Sir,
In our soc 1 member sold his flat to another member of d soc. The seller had a stilt parking allotment ltr with him which was given by the builder but the purchased member doesnt have a ltr or any authorisation from seller (eventhough its invalud). Now the purchased member barricaded the area and not allowing others to park their vehicle says that he purchased it from the other original member.
Will u pl throw little light on this issue? Will it be his property? Can soc issue ltr to him to vacate? pl advise.
Answer by V. Viswanathan
Everyone knows stilt parking cannot be sold . Be it through builder or resale. However in the interest of the society and to avoid any disputes amicable solutions should be taken
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QW/VV/676/03.03.2017
Is it wrong for a member to fit their flush tank in their bathroom window grill on proper brackets for better pressure. Please let me know. Thanks.
Answer by V. Viswanathan
Unless and until such fixtures are not a issue for proper distributio of water in the society and nuisance for others, then I dont find any reason why you shouldnt do it. no doubt you need to seek the permission of the managing committee of your society.
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QW/VV/677/03.03.2017
Dear Mr Vishwanath.
We hv a member who has purchased a flat but has not paid transfer fees nor is he paying any maintenance from the time he has purchased the flat.
we have not yet made him a member, hence would like to know if we can cut off the water connection, stop collection of garbage and stop any other facility given to members.
Answer by V. Viswanathan
IF a person who has purchased the flat has not paid the transfer fees then he cannot become the member of the society. becoming a member is his privilege and no one can force him to become a member. the society can decided in their general body meeting to charge different rates for members and non members. however discontinuing the essential services like water is NO NO... you can discontinue the other services.
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QW/VV/678/03.03.2017
Dear Sir, Our building almost 17 years old and located at Nallasopara East. Our society has registered in the 2008. As per rule society committee has to circulate annual statement of account in every year. But our committee member has not provided SOA since society registered. One time they had did but SOA not sufficient with actual inward/outward details. Even few committee member sold their flat and left our society. Now rest member are still not ready to submit SOA. What kind of action we can take if they will never submit SOA to society member.
Answer by V. Viswanathan
Make a complaint to the deputy registrar at Vasai requesting them to intervene, conduct AGM and also election of your society.
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QW/VV/679/05.03.2017
Dear Vishwanathan Sir
We are having a few unsold flats ( 10 units ) in our society for which builder is paying the maintenance bill & he has paid share capital for those flats in chief promoters bank account for those units at the time of handing over the society to us.
At the time of society election can builder also participate in voting & does he also has the voting rights against his unsold flats ?
Answer by V. Viswanathan
Yes, he is also a member and therefore would exercise all the rights of a member including voting rights.
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QW/VV/680/05.03.2017
What is the status of the Act?
Answer by V. Viswanathan
The Real Estate Bill was passed by the Rajya Sabha on 10th March, 2016 and the Lok Sabha on 15th March, 2016. The Bill as passed by the Parliament was assented to by the Hon’ble President on 25th March, 2016. The Act as assented to by the Hon’ble President was published in the Official Gazette on 26th March, 2016 for public information.
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QW/VV/681/05.03.2017
Sir our Mirza Nagar society opp railway bridge where you have a small lecture in basement is a fully commercial bldg with shops,offices and basements. We got a notice ( many shopkeepers individually) asking them to pay a fine for using the place for purpose other than that given in NA order. NA order is of around 1962. The plan showing shops,basements etc is recommended for approval by town planning dept around 1985. However the collector has approved the same plan FOR RESIDENTIAL PURPOSES! Obviously, prima facie it is collector's mistake. We need your written opinion and advice on the course of action. Is it possible for us to meet you in your office tomorrow or at the earliest? Thanks. Apte
Answer by V. Viswanathan
sorry for responding late. please come and see me tomorrow or upto friday in office. call me or in office at 0250-2390170 / 71 / 645 75 85 / 95
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QW/VV/682/05.03.2017
सर मला आमच्या सोसायटीचे रजिस्ट्रेशन करावयाचे आहे त्या बाबत माहिती हवी आहे
Answer by V. Viswanathan
Yes, We can help you. please come and see me with prior appointment. call on 0250-6457585/ 95 / 2390171 / 70
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QW/VV/683/06.03.2017
नमस्कार
कमिटी मेंबर (नवीन बॉयलॉज स्वीकारला नाही अशी कमिटी) सोसायटी चे major काम करू शकतात का?
उदा :- crackej ; building colouring etc
उत्तर इंग्लिश मध्ये दिले तरी चालेल
Answer by V. Viswanathan
Whether the committee members have adopted the new bye laws are not , the new act 2013 is applicable to all societies w.e.f 14.2.13. Conducting major work has nothing to do with adoption of bye laws provided due procedure like that of approval in general body and others are followed
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QW/VV/683/06.03.2017
नमस्कार
कमिटी मेंबर (नवीन बॉयलॉज स्वीकारला नाही अशी कमिटी) सोसायटी चे major काम करू शकतात का?
उदा :- crackej ; building colouring etc
उत्तर इंग्लिश मध्ये दिले तरी चालेल
Answer by V. Viswanathan
Whether the committee members have adopted the new bye laws are not , the new act 2013 is applicable to all societies w.e.f 14.2.13. Conducting major work has nothing to do with adoption of bye laws provided due procedure like that of approval in general body and others are followed
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QW/VV/684/11.03.2017
Dear viswanathan sir, we have got one indemnity bo d from one flat to change owner name in society records with his wife name as he is no more now. Death certificate and news paper add all are done. However the 7th point in indemnity which we received is not clear to us. As per him, it clealy mentiond that society will not be responsible if any one else come and claim the flat in future. Please help to check the 7th point in below image and suggest if it is ok for society.
Answer by V. Viswanathan
The bond is not as per appendix (form) 19 given in the bye law. In fact the wordings are as if the declarant is doing your society a favour and he is not responsible. This totally contrary to the requirement. Please see form ( appendix) 19 of bye laws
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QW/VV/685/11.03.2017
Vishwanathan Sir,how many days kaa notice must be given for calling SGM??
Answer by V. Viswanathan
Generally general body meetings should have 14 clear days notice. Means 14 days between the date of notice and day of meeting. In short 16 days. For special general body meeting it can be shorter also. As short as 3 days. The committee has to use its prudence and understand the urgency of the matter and issue notice. If not urgent then it's advisable to go for 14 clear days notice
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QW/VV/686/11.03.2017
Dear viswanathan sir,
In our society, we are facing one issue on some special repair fund raised from all members(30) , as per sq ft of flat area.
In our last to last agm, previous committee has passed one resolution where all members should pay 6 k in 3 month for terrace shed work. And then prev comittee resigned. After that new elected committee started work and More than 70 percent of the amount was paid from society account towards shed work.
Now because of less fund, committe has organised special gbm and resolution were passed to collect some special re
Air fund for 2 yrs only i.e. 1 rs per sqft for all members, to overcome the shortage of shed work fund and to repair stairs. 25 arround members were srated giving the fund for at least 6 month.rest 4 are late payeee. And one member who was absent during majority of time in special gbm and attended in last minute, is now arguing wih society like he will not pay and society can not do that to increase amount. He is arguing everytime to reverse the changes. Society has shown him clear picture of shortage and why it has been increases and for how many yrs. But he is not ready to listen. Though committe has aggreed to reduce the tenor from 2 to 1 yrs at least to overco e the shortage issue.
Kindly suggest, what society can do in this case.
Answer by V. Viswanathan
I safely presume here that you have all the paper work on record like notice of such meetings, minutes, quotations for work and followed proper procedure
To allot the work and also collection of funds. If it's done then you don't work about it . Keep charging him as per the approvals taken in general body. The aggrieved member may take the matter to registrar or elsewhere. You just defend with good paper work
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QW/VV/687/11.03.2017
Dear Sir Please let us What is procedure to get Duplicate Occupation Certificate of the Society as it is misplaced from Society Record File and Is Occupation Certificate Necessary for Deemed Conveyancs Deed waiting for your reply
Answer by V. Viswanathan
Occupancy certificate is required for deemed conveyance as per the circular of the department. You can make an application to VVCMC and obtain a duplicate OC
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QW/VV/688/11.03.2017
Dear shri viswanathan,
A society was formed in July 2014 and model bye law were adopted by first AGM.The society has been charging maintenance from its members on the basis of square feet as against the unit wise.This was objected and pointed out by its Auditors in their report.The managing g committee is now thinking to amend the bye law to change the methodology of charging maintenance to square feet basis.can they amend the bye law like these?Kindly enlighten me.Thsnks & regards,TVSRAGHSVAN
Answer by V. Viswanathan
It's true that bye law per se doesn't have force of law. However bye laws are made only the basis of the provisions of the MCS act. Ideally the deputy registrar
If he applies his mind then he would not allow such bye laws to be passed . In case that is don't the courts wouldn't agree.
The logic is simple. The maintenance / service charges consists of what? Refer to bye law 68-69, it includes audit fees, watchman salary, printing , sweeper salary. It has to be equal .
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QW/VV/689/11.03.2017
In our AGM meeting resolution was passed that Festival advance to be deducted from maintainance and amount is use for festivals but one member is not ready to pay as per him festival advance is not compulsory so i will not pay so sir please guide
Answer by V. Viswanathan
Since a general body resolution is passed the member has no option but to approach cooperative court to strike the resolution down. The society has right to charge.
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QW/VV/690/11.03.2017
Sir, I am from kedarnath society tungareshwar complex, we are facing choking of toilets issues, approached to society secretary, he says we do not have fund or I can no help ,we are facing problems..Please advice...Every time we spent money to clean up the drainage choke up...But the problem is society line is choked and they are not taking any action over years..
Answer by V. Viswanathan
Put your complaint in writing. Maintenance are collected by society to maintenance the flat and building. If there is no funds then either their budgeting is improper or huge amount of receivables. Also make complaints to VVCMC
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QW/VV/691/11.03.2017
Sir, One of the member is in aboard and he want to sell his flat, but he cannot come to India for selling flat . If he have to give POA to any of his family members. What is the process? ?
Answer by V. Viswanathan
The person who is abroad has to approach the indian embassy in that country and sign the power of attorney before him. The embassy would counter sign the POA as witnessed. Later the POA has to be sent to collector of stamps for adjudication. Means to arrive at the stamp duty
To be paid on the POA. Once that is done, the POA is ready to be used for registration. Have precaution in selecting the attorney holder as that has implication on stamp duty
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QW/VV/692/11.03.2017
With regard to nomination if a member nominates his wife and on his death the flat is transferred to the nominee. Can the nominee who is the sole and rightful owner since there are no children, nominate her brother or sister?
Answer by V. Viswanathan
I have always said that the nominee isn't a by default owner of the property. He holds the property only on trust. Even if we all know that the deceased has only one legal heir it is for the competent authority like court / first
Class magistrate to decide as to who is the legal heir
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QW/VV/693/11.03.2017
Dear sir, what is the process that needs to be followed for transferring property from deceased member to his wife. Son and daughter both are abroad and are willing to give an NOC. CAN the members wife publish transfer in a gazette with 15days notice and get the property registered in her name.. Please advice
Answer by V. Viswanathan
Just by giving a so called NOC the flats ownership cannot be transferred to wife of the deceased. For getting the shares transferred in society it might suffice subject to other paper which I have already mentioned many a times earlier(refer to my FAQs on our website). For ownership one has to approach the competent court and get the succession certificate and only after the court decides it becomes final to obtain the ownership
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QW/VV/694/11.03.2017
Hello sir, i am harsh from Nallasopara east.. my mom is one of the committe member of the building.. few days back secretary, treasurer have decided to repair the building... by painting work in all wings and tiling work in all borders.. as they have not called any meeting or have not informed any committe member.. they have internally decided and spend the society fund in that work.. they also not taken approval of quotation work.. can u please help me in this.. what action should be taken?.. i think some illegal activity is going on.. please help me out...
Answer by V. Viswanathan
Depending upon the number of members in a society any expenditure above 25000/50000/100000 should be done by the committee only after approval from the general body. Else you can question the committee and if there is no proper response approach the deputy registrar with a specific application
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QW/VV/695/12.03.2017
Vishwattan, Good Evening,
Can I give my apartment on rent to a Chartered Accountant. Should I be taking society permission from the society..
Answer by V. Viswanathan
For renting premises one has to INTIMATE the society atleast 8 days prior to the licensee shifting to the flat. A CA can use the flat. No issues in that
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QW/VV/696/12.03.2017
In our society we are receiving many complaints regarding internal leakages from the toilet. Society has called both members informed them. Some members are ignored to do the work.
In the above scenario what action society can take??
Answer by V. Viswanathan
The secretary has right to enter the flat and inspect it. Locate the issue and resolve it. You can also take the help of police. Also do make a complaint to VVCMC
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QW/VV/697/12.03.2017
Dear sir, our shop owner is asking for water connection in his shop, but our committee members are not allowing for the same. Because building water Tank size is very small Please advise.
Answer by V. Viswanathan
Allowing water connection to shop owners has to be decided in general body meeting after use the best rational way of water distribution
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QW/VV/698/12.03.2017
Hello sir good morning, i am harsh kanakia from Nallasopara east... one more thing i have to ask you... we have 4 building in which i stay at 3rd floor.. i have two flats just beside each other.. and opposite also there are two flats.. there is big passage between us... now i am doing renovation work in my house... so i am using that passage for some of furniture work.. i have taken permission from society.. do we have rights to use that passage for our house need? Can anyone stop us to furniture work in that passage? What legal procedure should i follow if i want to use that passage? Please guide me
Answer by V. Viswanathan
All the common areas like corridor and passages are of the ownership of society. If they given permission to use it then it's good for you. You cannot use it permanently for household work. Frankly, If I have to be the society's consultant I would advice them against it as it becomes a precedent for others as well
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QW/VV/699/18.03.2017
f any member using abuse or unparlimentry words in communication wht action committe may take against him
Answer by V. Viswanathan
you can issue a stern warning to that member. Dismiss him from all the meetings. still persist then approach police.
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QW/VV/700/18.03.2017
अगर आम सभा में मतदान से कोई नियम बना है और अगर उस नियम को कोई व्यक्तिविशेष मानने से मन करता है तो क्या करना चाहिए
Answer by V. Viswanathan
Whatever decisions are taken in the general body which is within the law is applicable to all the members of the society. depending upon what violaiton is done by the member the action / penalties can be charged.
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QW/VV/701/18.03.2017
Respected Sir.
In our society we have totally 48 flats (16 flats in each 3 wings).
12 of 840 Sq ft area and Bal
36 of 540 Sq ft area.
Now about Monthly Maintenance charges, how to collect from members ?
Heard that as per New Bylaws all expenses should be divided equally among all 48 members and NOT AS PER SQ FT which we are chargeing at present.
Please Guide us.
We have AGM next month so we can plan and change accordingly in the meetings.
Answer by V. Viswanathan
Yes, maintenance has to be charged on area basis irrespective of the size of the flat / shop. sinking fund and repair fund on area basis.
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QW/VV/702/18.03.2017
Sir Ji, I hav purchased Resale flat which is in Ground Floor, I m planning for its Renovation, Can Society allow me to have Door from my bed Room? can I also have french window breaking old style windows?
Answer by V. Viswanathan
Any structural changes cannot be done and that includes what you have mentioned in your question . Technically the committee has no right to give permission to alter even a centimetre or what is there in the approved plan. However the general body / committee thinks it wants to allow you then I would say they would do it at your own risk.
I am fully aware that many people do such so called renovation in their flat with or without society's permission . However please note it's illegal
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QW/VV/703/28.03.2017
Dear Sir, Good Morning. We have a situation where our Treasurer has resigned from his post and will be leaving the country for better job opportunities. My question is can he remain a MC member and attend meetings via WhatsApp or Skype and what is the current stand on this as per Bylaws? Sir, kindly revert on this query.
Answer by V. Viswanathan
The moment he has resigned then he cannot remain once it is accepted. Appoint a new committee member. Whatsapp / Skype are not yet recognised for attending meetings. This is done in companies act not in MCS act
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QW/VV/704/28.03.2017
Dear sir
Kindly advice whether any member or society can make any correction in their registered agreement copy if the found any spelling mistake in their name without rectification deed. What is the procedure.
Answer by V. Viswanathan
Once a document is registered it cannot be tampered at all. Not even a full stop be added to it. Rectification deed is the only legal option
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QW/VV/705/28.03.2017 .
Sir Ji, I hav purchased Resale flat which is in Ground Floor, I m planning for its Renovation, Can Society allow me to have Door from my bed Room? can I also have french window breaking old style windows?
Answer by V. Viswanathan
Any renovations please take permission from society and any structural changes as mentioned by you then permission of planning authority must
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QW/VV/706/28.03.2017 .
If there are three buildings in one Layout. How conveyance of land and building to be done? What should be the proportion?. How land has to be apportioned?. The sixxx
Answer by V. Viswanathan
Individual societies can go for conveyance for their land upto the compound area and undivided share in the common area in the proportion of their constructed area
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QW/VV/707/28.03.2017 .
What sir if first GB Meeting can not be held for some reason in stipulated time, one of reason builder not handing over accounts? - Sanjay Rana
Answer by V. Viswanathan
Complain to deputy Registrar. He will depute his authorised officer to conduct the same
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QW/VV/708/28.03.2017 .
I have a small concern... Recently came across HDFC bank having a tie up with neighbor society for Home Loan...They are making society trust as referral partner....Is this legal or ok to do.
Answer by V. Viswanathan
Even though society is not
Formed with the intention to make profit still it can be done with general body permission. Income tax has to be paid after deducting expenses
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CORRECTION TO MY ANSWER TO THE QUESTION BELOW
QW/VV/701/28.03.2017
Respected Sir.
In our society we have totally 48 flats (16 flats in each 3 wings).
12 of 840 Sq ft area and Bal
36 of 540 Sq ft area.
Now about Monthly Maintenance charges, how to collect from members ?
Heard that as per New Bylaws all expenses should be divided equally among all 48 members and NOT AS PER SQ FT which we are chargeing at present.
Please Guide us.
We have AGM next month so we can plan and change accordingly in the meetings.
Answer by V. Viswanathan
ORIGINAL ANSWER GIVEN
Yes, maintenance has to be charged on area basis irrespective of the size of the flat / shop. sinking fund and repair fund on area basis.
CORRECT ANSWER
Maintenance has to be equal irrespective of the size of the flat/shop and cannot be charged on area basis.
It was error in typing . Error regretted.
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QW/VV/709/28.03.2017
Can you please give the procedures for issuing new shares from 5 to 10. It is from 5 to 10 --am I correct. We are under model bye- laws. Details will help us. Ours is a society with 18 flats& 9 shops. Regards.
Answer by V. Viswanathan
Pass a general body resolution. This may not be additionally required if adoption of model bye laws is done in general body.
Ideally recall all the share certificates and issue 10 shares to all including body corporate and clearly mention on the face of the certificate that it is in lieu of the old share certificate. Ensure you verify the original title deeds before you issue share certificate. Take adequate caution for those who have taken loan or those who say that they don't have loan but also don't have original title deeds. Professional help would be advisable
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QW/VV/710/28.03.2017
Sir, one query regarding, can managing committee impose any penalty for internal work like tiles work done without prior written intimation.
Answer by V. Viswanathan
Any renovation work / internal has to be done with prior permission from the managing committee. The general body has to first pass in its meeting the basis of charging penalties. If any occurance the the committee has to issue a show cause notice before levying. They cannot directly levy without hearing a member
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QW/VV/711/28.03.2017
Mr Ramesh Prabhu please advise can a society member can object for another member to become comittee member on account of more then two chieldren
Answer by V. Viswanathan
Of course he can. He has all the right. If the member has 3 children born prior to 2001 then he disqualifies
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QW/VV/712/28.03.2017
आमच्या सोसायटीच्या कार्यकारीणी मंडळाची मुदत ३० सप्टेंबर ला संपत आहे तरी निवडणूक प्रक्रियेबद्दल मार्गदर्शन करावे
Answer by V. Viswanathan
As your committees term is getting over by 30/9/17, please inform the deputy Registrar already six month prior to that about the same along with E-2/E-3 form. Rest they will do the needful. Forms can be downloaded from our website. Www.vasaihousingfederation.com
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QW/VV/713/28.03.2017
Dear sir, one flat in our society is vacant since long back. Flat owner is unreachable.
In our today's SGM we have passed the resolution to file 101 recovery certificate for outstanding dues (2lakh maintenance dues).
One of the member is saying if more than 7 years flat is closed and owner is unreachable than Society can claim on flat.
Member is Advocate as profession.
Please suggest correct direction-
Society need to file 101 recovery to DDR as per SGM resolution
Or
As per suggestion by one of the member(Advocate) society can claim on said flat.
Answer by V. Viswanathan
legally if a person is "missing" for the last seven years then the law says that he may be treated as dead after following due procedure. once that is done, his legal heirs can claim the property. however in NO CASE the society can claim the flat. in case your advocate has any such information kindly ask him to enlighten me and all of us. I would like to stand corrected if at all.
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QW/VV/714/28.03.2017
Sir, can you confirm if NOC is required from society for renting out flat.
Answer by V. Viswanathan
NOC not required. but intimation to the society atleast 8 days prior to giving on rent is must. also stamp duty and registration is also must.
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QW/VV/715/28.03.2017
Is thre any provisions in this law for redevelopment of old buildings?
Answer by V. Viswanathan
as per section 79A of the MCS act, the government has issued circulars. one of them being the circular dated 3.1.2009 specifically for redevelopment.
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QW/VV/716/28.03.2017
For fd of sinking & repair fund is is compulasary to handover copy of resolution to tdc bank? Pl reply
Answer by V. Viswanathan
If you want to keep a FD in bank or withdraw, the copy of the resolution should be given to the bank. generally they insist on it. whether the bank is asking for it or not, the society has to pass a generalbody resolution for withdrawal of FD of sinking fund and for keeping FD a managing committee resolution should suffice.
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QW/VV/717/28.03.2017
Dear Viswanathan sir,
Our society is charging monthly vehicle parking charges which are approved in AGM. Some owners are claiming damage amount for their vehicles which happened in society premises.
My question is what is the role of society in this Matter??
Answer by V. Viswanathan
Society levies parking charges for using their premises and do not take responsbility of the vehicles. The responsibility is that of the owner only. the memebr cannot claim any damages from the society.
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QW/VV/718/28.03.2017
What is the Society member election procedure ....or.agm ekect member & elect body minites send to ragistar..whose sugest .legal procudure of election. From..purushom...🙏...virar
Answer by V. Viswanathan
societies are divided into four types. A, B, C and D. Society with more than 200 members is "C" type and less than 200 members is "D" type. post 14.2.13 all the societies have to conduct elections only through State Co-operative Election Authority (SCEA). In case of D type the returning conducts a general body meeting specifically for election and it is done on the same day under his supervision. in type "C" also the returning officer conducts however the difference is it is a full fledge election program of about 35 days.
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QW/VV/719/28.03.2017
Sir, in the procedure of buying the flat on loan, when is the society transfer fee to be paid?
1. At the time of getting society noc.
2. After registration of agreement
3. After the total loan amount is sanctioned by the bank to the seller.
Please guide.
Answer by V. Viswanathan
even though there is no specific provision about the same, it is advisable for the society to collect the entire transfer forms along with transfer fees, entrance fees and transfer premium minus the possession letter at the time when the seller is applying for loan, if the purchaser wants to take a loan or at the time of obtaining NOC if there is no loan.
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QW/VV/720/28.03.2017
Sir, I have a small doubt.
Bye-law 13 & 67(iii) provide: At the rate fixed at the GB.......... subject to a minimum of ..... per annum of the construction cost of each flat........ Here it says CONSTRUCTION COST OF EACH FLAT. Construction cost will increase according to size of each flat. If maintenance charges has to be equal irrespective of the size of the flat, will it not be a great loss to flats having less area, especially when the bye-law stipulates construction cost?
Earlier bye-law 71(a)(iv) provides At the rate per sq. mtr of the carpet area of each flat.
Sir, will you please reexamine the issue & clarify
Answer by V. Viswanathan
"Maintenance bill " in layman's language means the entire bill. the grand total of the monthly outgoings. Techincally that is not the case. The so called "maintenance bill" consists of 1. sinking fund..... this should be charged at the rate of 0.25% p.a. of the cost of construction of the flat. 2. Repair fund.... this also like sinking fund the only difference being the percentage 0.75% p.a. here obviously the flat with bigger area would have to shell out more compared to smaller flat. 3. parking charges... as decided in the general body. 4. Non occupancy charges.. 10% of service charges 5. Maintenance Alias service charges.... equal to all the units including shops. in this maintenance / service charges
includes audit fees, small repairs, common electricity, printing and stationery and such other common expenses.
hope now there is no doubt or confusion.
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QW/VV/721/28.03.2017
Sir, , Our society has a problem of leakage in monsoon. So, structural audit is conducted The report gives us permission to put a shade.My question is can the society carry out the job by finalising the quotations brought in by members of scty.Or is it compulsive that we should put an add on the local newspapers
Answer by V. Viswanathan
Any major expenditure like shed, the society should obtain quotations and if possible through papers of the work is "substantial". Now what is "substantial" should be decided on the basis of financials of the society.
Word of caution
Legally permission from local authority is required before the shed is erected even though it is a known fact that hardly anyone does that
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QW/VV/722/28.03.2017
Hello Sir,
One of society member is selling his flat and entered in agreement with buyer. He has already received the 70% of amount.For balance payment buyer is taking loan from bank and has asked Society to give NOC. The buyer is still not member of the society, can we issue NOC to Bank for lien of flat?
Answer by V. Viswanathan
Yes the society can give noc provided the registered agreement is obtained along with transfer forms and required fees
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QW/VV/723/28.03.2017
in our society some of the members are using terrace t for urinating and dog shift ground .where to complain.
Answer by V. Viswanathan
Complain to VVCMC and also pass a general body meeting resolution to levy penalties
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QW/VV/724/28.03.2017
Sir, I have a small doubt.
Bye-law 13 & 67(iii) provide: At the rate fixed at the GB.......... subject to a minimum of ..... per annum of the construction cost of each flat........ Here it says CONSTRUCTION COST OF EACH FLAT. Construction cost will increase according to size of each flat. If maintenance charges has to be equal irrespective of the size of the flat, will it not be a great loss to flats having less area, especially when the bye-law stipulates construction cost?
Earlier bye-law 71(a)(iv) provides At the rate per sq. mtr of the carpet area of each flat.
Sir, will you please reexamine the issue & clarify
Answer by V. Viswanathan
"Maintenance bill " in layman's language means the entire bill. the grand total of the monthly outgoings. Techincally that is not the case. The so called "maintenance bill" consists of 1. sinking fund..... this should be charged at the rate of 0.25% p.a. of the cost of construction of the flat. 2. Repair fund.... this also like sinking fund the only difference being the percentage 0.75% p.a. here obviously the flat with bigger area would have to shell out more compared to smaller flat. 3. parking charges... as decided in the general body. 4. Non occupancy charges.. 10% of service charges 5. Maintenance Alias service charges.... equal to all the units including shops. in this maintenance / service charges
includes audit fees, small repairs, common electricity, printing and stationery and such other common expenses.
hope this answer would clear your doubts. The way of charging bills was always on the above lines
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QW/VV/725/28.03.2017
Sir pls revert on my query urgently
I am purchasing an auction property all deal is done, i have made complete payment as per bank. My aagreement is also registered now bldr is requesting for Rs.800/- per sq ft where as earlier it was informed that bldr will charge only Rs. 1 lacs as transfer fees
Now he is asking for 800*850 is it right practice
Kindly request your suggestion on urgent basis.
Answer by V. Viswanathan
Legally the builder cannot charge you a penny. He has no right to ask you single rupee. Don't pay him. I presume there is no society formed as yet. Even there is a registered society he cannot charge at all. You can ignore him and save your money.
Don't mind if you want to share your money with me towards saved because this opinion. 😜😜. Joking
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QW/VV/726/28.03.2017
As per bye-law how much amount can the office bearer of a society (i.e.Chairmen, Secretary & Treasurer together) on their own spend from society fund for society occasion / betterment like Festival's / programme / meetings (AGM /SGM) ?
Answer by V. Viswanathan
For total members in a society upto 25...25000. Between 26-50... 50000 and above 50 members 100000. Even though it is for major repairs it may be applied for all types of expenditure as a better practice
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QW/VV/727/28.03.2017
hi Sir there is one query one flat in my society is jointly holded the said flat. elder brother who is second holder wants to transfer his share to his brother who is first holder but first holder wants to have his wife to be joint holder give us solution how can they proceed to get it done legally.
Answer by V. Viswanathan
Make required agreement. Pay requisite stamp duty and registration and go ahead
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QW/VV/728/28.03.2017
Vishwanathan Sir,
In our AGM, certain resolution had passed e.g.
1- allowing shed construction in front of shop.
2- allowing sealing the car parking area with grill and gates.
3-stopping deem coneyance work.
4.-holding recovery of shops maintensnce charges from builders.
5-members are not signingb the papers for adopting the new byelaws.
Answer by V. Viswanathan
Whatever points you have mentioned above is against the law. No doubt general body is supreme but not above the law. Complain the deputy registrar
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QW/VV/729/28.03.2017
Vishwanathan Sir,
Can a few members of society, without any written permission from Managing Committee,form cultural committee or festival committee & start asking for contributions towards organizing some sort of festival??
Answer by V. Viswanathan
Totally wrong if they are collecting money in favour of society. If they are doing so under some other banner then possible
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QW/VV/730/16.05.2017
What is the procedure to add new committee member in existing committee? What will be the quorum? Also explain me the co-op option.
Answer by V. Viswanathan
Post the new act from 14.2.13 the co option procedure is not applicable. Now even if you have to appoint one committee member then you have to follow the election rules w.e.f 11.9.14 that's through SCEA / deputy Registrar
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QW/VV/731/16.05.2017
Dear sir mr.vishwanathan if any member of society shop/flat owner not paid maintenance from last few years & still, what action should be taken, some time they ask give us discount or any lumpsum amount, time, but the amount is big ,& how to take cheq_cash?What about the other members who paid regularly ,(one member is still doing signature on chek as Secretary)
Answer by V. Viswanathan
Generally no discount should be given to members else it would be a precedent for others as well. Refer to bye law no. 149/150 wherein the requirement of writing off of dues are given .
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Sir, in our society, after 4 years in possession, owner gave back his flat to builder. Society already issued share certificate on owner name. Now after 1 year,without purchasing, builder submitted the cancellation deed of the same in the society office and claming that he is now the first owner of the flat. The builder sold the flat and submitted the agreement copy In the name of builder (seller). Now he is asking to transfer the share certificate to the new owner. Kindly advise.
Also please advise the time period till when the cancellation deed can be made after purchasing the flat.
Answer by V. Viswanathan
Cancellation of agreement cannot be effected after 2 years. If the cancellation deed is not registered you can reject his plea. I suggest to show me the documents for better clarity
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Vishwanathan Sir,wht is the min % on construction cost to be considered while calculating sinking fund per flat ?
Since our building is new can we consider 1000 rs as construction cost ( or even lower ) & charge 0.10% as sinking fund on carpet area ??
Considering tht we as a society want to intentionally keep the sinking fund & repair fund on lower side initially for few yrs just to keep the overall maintenance in check,can we lower it as per our ( society's ) convenience by passing the resolution in SGM ??
Answer by V. Viswanathan
For vasai Taluka area the cost of construction would be 1500/- presently. However you can take the agreement value of builders agreement for all the flats. You cannot reduce the sinking fund percentage beyond 0.25%. You can reduce the cost
Of construction per square feet
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Sir, can society issue share certificate to flat owner if his name is not reflected in property tax though builder has given noc and aggrememt is done in his name ?
Answer by V. Viswanathan
If the agreement has a persons then share certificate should mention that. Property tax receipt has nothing to do with it
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[4/27, 11:53] Sachin Kamble: What notices sent by Registrar approved Accountant are valid and considered as legal notice and will not be challenged in the court of law.
[4/27, 11:53] Sachin Kamble: Dear Sir, We have a few defaulters in our society who are not paying maintenance for 4-5 yrs and the previous committees did not take any action on them. Also there are limited records of maintenance since the society formation which was in 2007 in this case what are our chances of going for 101 and how many yrs old records are required. Also while we proceed with 101 can we stop providing them with facilities like parking and picking up their garbage or not giving them permission to use society premises since we cannot stop water of these members. Pls advice as we want to take strict action against such members and make an example out of them for all those who think they can get away with not paying. Thank You
[4/27, 11:53] Sachin Kamble: In continuation to the above we would also like to know if we need to send the 101 notice via lawyer or our Accounting firm can send it on our behalf and is it still considered as a legal notice.
Answer by V. Viswanathan
You would require all the notices sent to the defaulter, general body resolutions fixing the charges, maintenance bills latest, audited financials before you file recovery case. You cannot discontinue services. The society itself can send the notices no lawyer / accountant needed. You can obtain the format
From our website
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What if society does not have all the bills since inception.. What should be done that case?
Answer by V. Viswanathan
No issues ! Audited financials and ledger account of the member and latest maintenance bill would be sufficient
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Dear Sir, I would like to know from you about this shed constructed in my bldg at ground flr is legal or ilegal. Please guide me this regards.
Answer by V. Viswanathan
In normal course without looking at the approved plan one cannot comment. Request you to see the same. However apparently it appears to be not as per the approved plan and therefore perhaps illegal
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QW/VV/738/16.05.2017
Thanks sir. In some of cases agrement has done but builder noc is not present becos of name transfer is not done yet. Can we give share certificate in this case also?
Answer by V. Viswanathan
Before issuing share certificate be careful and ensure that there is no loan on the flat
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QW/VV/739/16.05.2017
Sir if putting shed is passed in the spl.G.B Metting and structural Audit done .Also funds is collected for shed work from October onwards .Also applying in VVMC intimating that due to rainy water leakage problem and our society is 30 years old. we have decided to put the shed on terrace .Kindly give us your approval. If we not receive any letter from VVMC than in that case how to process further .Shall we wait for monsoon to come and keep everyone in trouble or put the shed after intimating VVMC .
Answer by V. Viswanathan
To obtain permission from VVCMC one has to follow due procedure. Legally it's must. Need to take help of architect.
Practical purpose, apply for it and do the work. VVCMC will not
Initiate adverse action on the same
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QW/VV/740/16.05.2017
Dear Sir
Can we select new managing comitee in SGM with majority basis or election is compulsory in 90 members society
Nilesh Kelkar
Answer by V. Viswanathan
Election is compulsory
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QW/VV/741/16.05.2017
Vishwanathan Sir, can societies maintain all records in electronic format. Or is it necessary to maintain them in traditional hand written way ? If part of the records are to be maintained in traditional way then which are those records.
Answer by V. Viswanathan
financial records can be maintained in electronic form. Like cash book, ledger etc. However the forms like "I" form "j" form and other statutory registers should be maintained manually. No doubt one can argue that it is under MCS rules which gives formats and so even that can be maintained electronically. I would beg to differ on the same. In case
Of statutory records if it is uneditable in electronic form then may be possible else have to maintain manually only
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QW/VV/742/16.05.2017
Shri Viswanathan Sir,
My daughter have one flat in new building. They have called a AGM in the presence of builders and one legal representative from members and formed a Provisional Committee (10 members) as usual for the first year. Then Society registration and zaother procedures as per society rules will continue.
Now they are offering
(1) Share certificates
(2) Application for membership
(3) Nomination form
My doubt is:- Is this committee have power to issue these documents?
Answer by V. Viswanathan
Provisional committee has all the powers of a normal managing committee and therefore they can issue the share certificates and also render all the other works
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QW/VV/743/17.05.2017
Dear vishwanathji, after Kapol cooperative Bank fiasco many of our members have suggested investing funds with nationalized banks or large pvt sector banks.. I understand interest income is taxable if invested outside mdcc.. What are the other avenues where society's funds can be invested...
Answer by V. Viswanathan
Actually you can also invest in government securities. However interest would be taxable. If you are eyeing tax free interest income then cooperative bank is the only option. You get deduction of all interest income earned under section 80P 2(d) of chapter VIA of income tax act.
Just for information, RBI gives insurance coverage
For all types of account upto 1 lakh rupees therefore break your fixed
Deposit to 1 lakh each. No doubt in case
Of liquidation of a bank even though there is insurance the actual realisation of money may take more time
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QW/VV/744/17.05.2017
Dear vishwanathji, after Kapol cooperative Bank fiasco many of our members have suggested investing funds with nationalized banks or large pvt sector banks.. I understand interest income is taxable if invested outside mdcc.. What are the other avenues where society's funds can be invested...
Answer by V. Viswanathan
Actually you can also invest in government securities. However interest would be taxable. If you are eyeing tax free interest income then cooperative bank is the only option. You get deduction of all interest income earned under section 80P 2(d) of chapter VIA of income tax act.
Just for information, RBI gives insurance coverage
For all types of account upto 1 lakh rupees therefore break your fixed
Deposit to 1 lakh each. No doubt in case
Of liquidation of a bank even though there is insurance the actual realisation of money may take more time
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QW/VV/745/17.05.2017
Dear vishwanathji.. Are there any implications for Society because of gst
Answer by V. Viswanathan
Definitely there will be implications. However I too am in the process of unlearning and learning , therefore request you to bear with me until 2nd week June. I shall update
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QW/VV/746/17.05.2017
Dear Viswanathan Sir, I hv a question..my daughter has purchased a flat n she is supposed to get the possession by few months..the developer has asked to pay the society charges n one year advance maintenance at the time of possession...my question sir without forming society n how the charges wl b used..secondly at what rate the maintenance is calculated..pls help.
Answer by V. Viswanathan
Until the society is formed the builder is required to maintain the society. Therefore he has right to charge the maintenance even if it is for a year in advance. If all the flat owners come together then may be they can object for the same.
There is no guidelines about the rate that the builder needs to charge. However you can ask for the accounts that would clarify the rate that builder should charge.
With RERA in action w.e.f 1/5/17 the scenario would
Be favourable for the flat owners
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QW/VV/747/18.05.2017
My cashier in society is giving cash to contractor who is working in the society as being secertary of the society repeating many times i told him not to give cash he does'nt listen.what action can be taken.
Answer by V. Viswanathan
Firstly write a letter to all the committee members about the same asking them to stop it. Still if it continues write to deputy registrar, district deputy registrar, your society auditor
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QW/VV/748/18.05.2017
Vishwanathan Sir,similar to Sinking Fund & Repair fund, is it compulsory/ mandatory to make FD of transfer premium ( 25000) received by society ?? Or society can utilize these fund towards maintenance activity ?? If it is compulsory thn plz confirm whether specific resolution needs to passed in committee meeting before making FD ?
Answer by V. Viswanathan
Before I answer one needs to understand the financials of a society. The income and expenditure reflects only the activity relevant for maintenance of that particular year. Transfer
Premium is not a regular maintenance related
Income and therefore it goes to the balance sheet of the society. Since it's credited to general reserve and as per law general reserve / reserve fund should be kept in FD therefore it is concluded that transfer premium so collected by society should also be kept in fd
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QW/VV/749/21.05.2017
Sir,
Is society election notice is compulsory to circulate to each member of society? Or it can b displayed in all notice boards of society?
Pls confirm.
Answer by V. Viswanathan
Sending to all members and putting on notice board both is must
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Good morning all can someone help me with these doubts
Our AGM was held on 27th November 2016, and I was elected as thw Secratary of the society, there was a new treasurer elected too, but there was no registar present at the agm my questions and doubts are
1) Would the election be held as valid.
2) Do we have to send the AGM minutes and resolutions to the Registar office, if yes what is the address.
Thank You.
Answer by V. Viswanathan
Post the new MCS act w.e.f 14.2.13 the elections has to be conducted through state cooperative election authority / deputy registrar. Therefore technically your appointment is invalid. The society has to Apply to Registrar along with E-2/3 form for election even if it is for one single committee member. Coption now is not allowed. AGM minutes maybe sent to registrar at Johnny cross lane, opp Veera auto, tamatalo, Vasai West 401201
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QW/VV/751/21.05.2017
Dear sir....I have a query, if any flat is close / not in use can outsiders takeaway water being supply in that perticular flat...pls advice
Answer by V. Viswanathan
Water is very crucial for any society and objective of society is to maintain the building and work for members. Outsiders should strictly not allowed to draw water. In fact if that is done then municipality can levy penalty to the society or even stop water connection. So strictly no
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QW/VV/752/21.05.2017
Dear Sir
Wants to know about income tax liabilities for housing society and tax slabs,and what will be considered as income.
Answer by V. Viswanathan
Income tax is applicable to societies from rupee 1/- . So 0-10000/- 10% , 10001-20000 20%, and above 20000/- . There many issues which I will not be able to put up on whatsapp
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QW/VV/753/21.05.2017
Dear Sir,
Society Can Motor Cycle Parking Charge approved in Monthly Meeting or AGM ? our society approved in Monthly meeting, this right as per by-laws, please let us know. Thanks
Answer by V. Viswanathan
Any charges that has to be charged to members should be approved in their meeting that is general body meeting only. Approval in MCM is incorrect
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QW/VV/754/24.05.2017
I have a shop on the ground floor n the society is not formed. I am facing a problem of toilet leakage from the above floor. The owner has rented the above place
Answer by V. Viswanathan
Until the society is formed the builder is required to maintain the building. However I know it's not going to be easy as builders would not get involved in such things. If the leakage is from the above flat then it's the duty of the above flat owner to repair the leakage. Else no other
Option for you but to approach court
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QW/VV/755/24.05.2017
society has sold parking space to members and have utilized the Money received there in towards major repairs...my query..firstly society was wrong in selling parking space...secondly thy dnt hv money to recall the allotment.
Q....cud thy utilise tht amount for repairs?
Q.. thy hv repeatedly sold parking to same members Q.how do thy rectify the error as it is approved in AGM....
Answer by V. Viswanathan
Surprising how could society sell parking to members. No one including society can sell parking as the same is against the law. AGM cannot approve something which is illegal. Regarding usage. Any income can be used for the common objective of the society. My personal view it can be utilised.
Error rectification is to take back the parking. Show the amount received from members as payable to those members or give credit in maintenance bill. Can apply many other logical / practical way to it
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QW/VV/756/24.05.2017
What is the procedure for changing society name?
Answer by V. Viswanathan
Approve the same in the general body and later make application to deputy registrar
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QW/VV/757/24.05.2017
Hello,.
Is there any rule that bachelor's cant be kept as tenant's?
if yes....then under which section is this applicable
if no then can this get approved in AGM.?
Answer by V. Viswanathan
You cannot bar a bachelor / spinster / person from a particular community / religion from staying in a flat. There is no law barring. Since there is no law you cannot approve it in AGM even if all members agree to it
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QW/VV/758/24.05.2017
Hello sir, our society has got emergency work of repairing of water pipe line, we are about to finalize the quotation of same. Question for same are.
1) what is the limit of work amount that managing committee can sanction?
2) Can we use FD amount for the same?
3) What is the minimum notice period to call for special general body meeting.
Answer by V. Viswanathan
Any major repairs works has to be approved by the general body. The amount of approvals varies depending upon on the number of members in society. Upto 25 it's 25k, 26-50 members it's 50k and above that it's 100000/-
You can use FD is approved by general body.
Special general body meeting can be even called for a short notice
Of 3 days depending on the urgency of work and the amount to be spent. However in the given case if the amount is substantial I would suggest you to give 14 clear days notice
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QW/VV/759/24.05.2017
One of the Bonafide Member expired recently. He had submitted nomination his wife name with 100% share.
Please let me know what are the documents nominee should submit to transmit the shares in her name.
Any news paper advertisement is required. Please advise
Also please advise whether she can nominate her son as a nominee.
Having one son and one daughter
Please reply.
Answer by V. Viswanathan
If the application comes from the nominee within 6 months from the death then no newspaper ads required. A simple application , copy of death certificate and ₹100/- is enough.
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QW/VV/760/25.05.2017
Dear sir, we have got Deemed Conveyance order now our file is with Adjudication department.
Order stated that Society has 67 सदानिका but actually Society have 55 सदानिका and 12 गाला.
We got letter from Adjudication department to correct the Deemed Conveyance order.
Please suggest...
Answer by V. Viswanathan
Since the total has not changed the adjudicating officer should not have any issue in the same. However if he still insist then approach the present DDR in palghar with a request application for rectification
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QW/VV/761/26.05.2017
Dear Vishwanathan
We are facing problem in our society regarding parking issue. As a Secretary and our committee decision on two wheeler parking. We have given a separate space for the tenants and special parking for the owners. We have penalised the tenant for not obeying the rule. The penalty amount was included in the maintenance bill.
The following rules and regulations notice was put on the notice board and was informed in personal to the tenant. Now the owners are objecting on the same.
Kindly need your guidance on the same. The penalty is Rs. 50 per day.
We have only charged for 4 days.
Answer by V. Viswanathan
First thing one has to understand is the society deals with member and tenants per se has no say in the society issues. So if you have penalised the so called tenants it's not them but the owners. Penalties cannot be charged without a properly convened meeting of the members , that's general body meeting. Penalty for illegal occupancy of society premises cannot be more than 5 times the maintenance. So work it out. Ensure proper general body was convened and penalties were passed in it.
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QW/VV/762/29.05.2017
Dear Vishwathnji, I have urgent query. When society go for deemed conveyance we need to pay stamp duty and registration fees. Can you please let me know if all the flats in our society has paid stamp duty at the time of purchase and if there is no fsi pending still society has to pay stamp duty? If yes how they calculate stamp duty, can you please answer my query?
Answer by V. Viswanathan
In that case stamp duty is only₹100/- per unit
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QW/VV/763/29.05.2017
Dear Sir suppose I have two flat in the same society. One flat is one my name & other is on my wife name. Now this scenario both can be a member of the society? ????please explain in details
Answer by V. Viswanathan
Both can be member of the society no issues
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QW/VV/764/29.05.2017
In Virar our society utsav Commitee is not register but they forcefully collect the festival charges from members. As it is they have to make 4/5 times round to collect festival charges and at that time there where some members they refuse to pay money by giving some reasons. So therfore in society AGM it was decides forcefully to include festival charges in maintaince bills. In our society AGM there where some people also took objections regarding this topic So I just wanted to ask that is it right to add festival charges in maintaince bills.
So, your guidance is must important because this dispute may increase
Answer by V. Viswanathan
If you strictly follow the law then society can collect funds for maintaining the society premises . Therefore to charge festival fund in the maintenance bill may be slightly dicey. However if the society passes the same in the general body and then adds the same in the bill, then in that case the aggrieved member has to approach cooperative court under section 91 against the resolution so passed
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QW/VV/765/01.08.2017
Hi!
Kindly revert procedure to write off the irrecoverable dues. .
Answer by V. Viswanathan
refer to bye law no. 149 and 150. the auditor has to certify that it is irrrecoverable. later General body meeting has to approve the same and also by the registrar only then you can write it off ********************************************************************************
QW/VV/766/01.08.2017
Sir is it mandatory to keep sinking fund and repair fund to Thane District Co-Op Bank
Answer by V. Viswanathan
Investment of funds are referred to in bye law no. 15 and also section 70 of the MCS act. It states that investments means FDs should be kept in District central cooperative bank of state cooperative bank having "A" audit class.
Also refer to bye law no. 113 it says bank account (here it means savings account) may be opened with district central bank or scheduled bank or state cooperative bank with "A" audit class. you can also open account with nationalised bank. there is also a circular to that effect.
however opening account in nationalised bank one has to ensure the taxability. Income tax is leviable on interest other than with cooperative bank
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QW/VV/767/03.08.2017
Dear sir
Builder installed common DG for 02 society.
And not ready to give separate DG.
What Acton can be taken against Builder.
Please guide us.
Regards
Answer by V. Viswanathan
check your agreement for sale of each flat / building, the broucher / the sale material... if he has promised to give 2DG set then he has to give. you should have evidence to that effect. if he hasnt promised (on record, in writing) then I am afraid you dont have a case.
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QW/VV/768/03.08.2017
Sir one of our member doing some illegal activity against our society indulging himself with a stranger and few members are misled by this.So what action can be taken against this member as well as with the stranger?
Answer by V. Viswanathan
If it is between two individuals then the matter would be not of the society but between those individuals and therefore would go to police station and evenutally to court.
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QW/VV/769/05.08.2017
Our society have two wings e.g a and b but society is one,but this member is staying in a and planning to divide in two parts .Is it possible Sir?
Answer by V. Viswanathan
yes, possible if it all the utilities are separate. the same can be done after passing general body resolution. Division of society is possible as per section 17 of MCS act
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QW/VV/770/21.08.2017
Q.if a member (1st holder)wants to co op other fmly. member as a member what is the procedure.
Answer by V. Viswanathan
After the new act that is from 14.2.13 no person can become the member unless his name is there in the property. Therefore the family members name is not in agreement then he cannot become the member
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QW/VV/771/23.08.2017
if the owner of the flat rented his property without any communication, without agreement and Police verification. So which type of steps society can take on his tenant and owner
Answer by V. Viswanathan
Common charges per flat is not crossing 5000/- per month but society yearly turnover is more than 20 Lakh.
In this case gst is applicable??
Little confusion on 5000/- charges per month. Our society is having 379 flats so yearly turnover is very high.
I shall explain
There are two exemption to GST.
1. If the total turnover is less than 20 lakhs then don't register , don't collect and don't pay... forget whether per month per member maintenance is less or more than ₹5000/-
2. If the aggregate turnover, means all receipts / bills charged ( this includes all maintenance , premium , interest on dues, non occupancy charges, interest on FDs etc everything ) crosses 20 lakhs then check if monthly common items crosses ₹5000/- per month per member..: if it doesn't then gst to be charged and collected only on uncommon items like interest on dues , non occupancy charges, transfer premium etc. If it crosses ₹5000/- then gst on entire bill.
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QW/VV/772/23.08.2017
What is the current reasonable cost of construction to be consider while calculating sinking fund also let me know what area should be considered built-up or carpet
Answer by V. Viswanathan
Ideally you should get a certificate from an architect or structural engineer for the same . However you may consider ₹1200/- per square feet
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QW/VV/773/23.08.2017
In context with the above, please confirm
1. if there is only a single name on the flat and that person is out of Mumbai then can a blood relative become an associate member to represent owner in AGM/election.
2. Can a POA be considered as an associate member
Answer by V. Viswanathan
POA is not recognised in MCS act. A person cannot be a member/ associate member under any circumstances
If his name is not in agreement.
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QW/VV/774/24.08.2017
A & B are joint holders of flat. A's name appear first and B's name appear second in Share certificate.
A expired. Whether B's name will appear first and nominee's name second in Share certificate?
Whether B will be the member now and nominee the associate member or vice versa? Kindly clarify.
Answer by V. Viswanathan
"B's" name will never come first . A's nominees name will come first . B continues to remain as the member now along with the nominee. Since B's name is second he will be associate member
In short he has to be a owner only then he can become a member
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QW/VV/775/27.08.2017
In case the developer is going to take an ongoing project from the landlord and the earlier developer has not completed the project and he has not registered it with RERA. What shall the new developer should present the project to RERA as new/fresh or ongoing project?
Answer by V. Viswanathan
Under RERA primarily it's the registration of project and the promoter and co promoter details are only ancillary. Since it's a ongoing project it does not change the colour of the project just because there is a change of hands of executants.
It should be registered as on going project only
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QW/VV/776/28.08.2017
Query : can a spouse who is an Associate Member attend AGM on behalf of her husband (owner).
Answer by V. Viswanathan
As per the new MCS act associate member has also be the owner of the property. If she is then she can if the first owner, being husband, gives her authority as per form 10A to attend the meeting
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QW/VV/777/28.08.2017
Please confirm where to lodge complaint against builder about cracking of flat also leakage of flat, any one have idea please help.
Answer by V. Viswanathan
Under MOFA the defect liability is 3 years from the date of possession therefore approach competent court. Now under RERA it is 5 years and therefore can approach RERA authority
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QW/VV/778/28.08.2017
Sir, after making Fix Deposit for Sinking/Repair & other funds can a Society keep excess funds in regular Fix Deposits for earning interst .
Answer by V. Viswanathan
100% yes it can
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QW/VV/779/28.08.2017
Sir Ji. In our society Krishna Vandan CHS EC94. New Committee and New Office Bearers elected.
Now the Question is in Both the Banks. 1) CSB BANK 2) THANE D.C.C.Bank. Both the places New Signatory has to Sign.Or Just in CSB BANK?
Old Signatory of old committee Can continue Signing Authority in THANE D.C.C.Bank? Or It is also to Change as per Bye Laws?
Please Guide and Advice at an earliest.
Answer by V. Viswanathan
Yes you have to change in both the banks
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QW/VV/780/28.08.2017
In A.G.M. or Special General Meetings, ONLY the points as per Agenda to Discuss and Noted Down in Minutes BOOKS?
Or Anything and out of Agenda point which were discussed in general also has to be NOTE down in Minutes BOOKS?
Answer by V. Viswanathan
All the points in the agenda needs to be noted in the minutes . Plus those agenda which were discussed under "any other matter" should also be noted. However all the detailed discussions / deliberations need not be noted. The committee can decide which discussions is to be included and which not.
For eg... any abuses / fights / arguements need not be included . Only basic information/ discussions should be
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QW/VV/781/28.08.2017
Sir, how to get conveyance of the society without support of builder. Pls suggest best legal counsel for discussion.
Answer by V. Viswanathan
Approach district deputy registrar (DDR) for deemed conveyance. Visit our website for PowerPoint presentation on the subject. Alternatively you can visit us in our office we can explain you .
Vasai Taluka Co-operative Housing Federation Ltd, Swagat Bhawan, Opp MSEB colony, Near Indian Oil, Station Road, Vasai Road (E), Dist Palghar. 0250-2390170/71/2393773/74/2390302/ 03/ 2393231/32/ 6457585 / 95 / 96. Email vasaihousingfederation@gmail.com . website www.vasaihousingfederation.com
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QW/VV/782/28.08.2017
Sir.
How much amount can be sanctioned for any work in the Managing committee.
Answer by V. Viswanathan
It depends on total number of members in society .
Upto 25 members the limit is 25000
26-50 members limit is 50000
51 and above 100000
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QW/VV/783/28.08.2017
Sir. Ours is a Society of 86 members. As per your reply the Managing committee can spend a maximum amount of 1 Lac.
The managing committee was elected 3-4 months ago. They hv spent more than 2 lacs as of today.
As a normal member what can we do.
Answer by V. Viswanathan
The one lakh limit is for each expense. If there are four to five different heads of expenses then they can... in case they have violated (by not taking general body meeting ) by spending more than 1 lakh for one expense then approach deputy registrar
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QW/VV/784/05.09.2017
Respected Sir,
One of our society member wants to make gift deed to transfer her property in the name of her daughter. She is widow and sole owner of this property without any nomination in the society.
My query is:
1) She has 4 children (2 daughter & 2 son), wheather she has to take NOC from all other children before gifting her property to her daughter? (to avoid future legal complication although she is sole owner of her property)
2) What is percentage of stamp duty and registration fees applicable in this gift deed process?
3) What procedure / process has to follow in this matter.
Answer by V. Viswanathan
If the present owner had purchased the property with her own source of income the she can gift to anyone including you and me. In case it's an inherited property then it's advisable to obtain noc from others too. Infact I would suggest make them as confirming party to that gift deed.
Stamp duty for Gift by mother to daughter is ₹200/- registration fees is 1% of market value
Procedure execute a gift deed, pay stamp duty and register the document as explained above . Get transfer done in society by paying just Rs.600/- . That's it
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QW/VV/785/07.09.2017
Sir
Pls let me know what are the documentation process a society should recover from both the old and new purchaser. Futher what is the maximum limit of transfer fee.
Answer by V. Viswanathan
Maximum transfer Premium is ₹25000// transfer fees ₹500/- entrance fees ₹100/-
Documents
Form 20(1),20(2),4,14, transfer form , registered agreement, possession letter, full payment receipt
No other papers
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QW/VV/786/07.09.2017
Dear Administrators, What would non occupancy charges be deifined as. Are there any recent rulings which have brought clarity to the meaning of non occupancy charges. What are the rates on which it can be levied.
Answer by V. Viswanathan
There are many rulings on non-occupancy charges. and to my knowledge it is well defined and settled with almost zero ambiguity. Non occupany charges means when a member lets out his flat to any person other than "family member" ( this is defined in the circular dated 1.8.2001) then the member in addition to service charges should pay non occupancy charges not more than 10% of service charges. The service charges means as explained in bye law number 66 of the new model bye law.
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QW/VV/787/07.09.2017
Our ex working committee members have not released the records for more than 6 months ...however v took over banking operation with zero balance n able to stream line the outgoings to some extent ...tried to compile data for last 4 years with bank statement ... can v carry out audit for last 4 years without any past records ?pls advise
Answer by V. Viswanathan
The handing over process has been explained in bye law no. 124. The list of documents to be submitted by the outgoing committee to incoming committee has been listed out in bye law no. 141 / 142. In case the outgoing committee hasnt given you the documents, then refer to the above bye laws and write individual letter to all the ex-committee members clearly mentioning the onus casted on them. still if they dont respond then approach deputy registrar
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QW/VV/788/07.09.2017
Our ex working committee members have not released the records for more than 6 months ...however v took over banking operation with zero balance n able to stream line the outgoings to some extent ...tried to compile data for last 4 years with bank statement ... can v carry out audit for last 4 years without any past records ?pls advise
Answer by V. Viswanathan
The handing over process has been explained in bye law no. 124. The list of documents to be submitted by the outgoing committee to incoming committee has been listed out in bye law no. 141 / 142. In case the outgoing committee hasnt given you the documents, then refer to the above bye laws and write individual letter to all the ex-committee members clearly mentioning the onus casted on them. still if they dont respond then approach deputy registrar.....🙏Thks u sir
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QW/VV/789/07.09.2017
Dear Vishwanathan Sir,
We have 52 members (all residential flats) in our Society. Some of the members requested to conduct pooja in our Society. However, there are Hindus, Christians, Muslims and Jains in our Society. The Committee presented this subject in AGM and everyone present (38 out of 52 members) agreed to have these functions. In the AGM, it was agreed that we will have puja and also celebrations of other religions in our Society. An amount of Rs. 80 to be earmarked from the maintenance bill for this. There is no extra amount proposed for this. Within the maintenance charges, we separated Rs. 80 for this as Welfare fund. This was agreed by all.
*The decision is now being questioned by 1 member who was not present in AGM. His argument is - "Celebration of religious functions is not compulsory for every member and committee can not include any amt in maintenance bills. The Committee can not impose charges on members. Members cannot approve acts which are not provided in bye laws"
What we need to know from you:
How valid is the above argument? Did we do anything wrong in passing this in AGM? Can you pls guide?
Request your reply on priority pls.
Answer by V. Viswanathan
Firstly, the argument by the member and answer by Madhukarji is correct. nothing wrong in it. However my point of contention here would be that since it was passed in the general body, It should be (if required) challenged in cooperative court only. No doubt society is formed with the intention to maintain the society building. however another important objective is to give an uplift to the cooperative movement. therefore cooperative movement would get a boost only if people come together. and religious functions are just one of the many ways to get people together.
here i am of a view that since the matter was discussed and decided in general body meeting, approved by general body, no additional collections from members, agreed to celebrate all the other major religious functions then the society should be in a position to go further.
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QW/VV/790/07.09.2017
Background: Our society is registered in 2014 and handed over by builder. Society is charging maintenance charges including repair, sinking fund to builders for his vacant flats/shops.
During last AGM it is discussed and decided to treat builder as common member & recover full amount of charges as it will be additional burdon on members.
Builder is reluctant to pay full maintenance charges and asking to waive off repair & sinking fund. He asks society to accept 50% of maintenance charges that is very nominal.
Question:
1. Is society entitle for full amount of maintenance including repair & sinking fund? Please advice.
2. If yes, within how much timeframe?
3. He is calling committee members for negotiations by threatning transfer of TJSB account & conveyance. Is there any other way to transfer TJSB account (authorised share capital) & go for deemed conveyance on his non co-operation?
4. He sold 2 shops after formation of society. He is giving his own NOC to banks for loans disbursement.
i.Is this right?
ii. Society have not issued memberships to those who bought flats/shops without society NOC after society formation as outstanding dues are there in front of their flat/shops from builder. Is society on right track?
Answer by V. Viswanathan
The builder is duty bound to pay the entire maintenance of unsold units including that of sinking fund and repair fund. The chief promoter account cannot be operated by anyone including by the chief promoters himself. Infact the account can have only one debit and credit to society account only. In short no one can withdraw the funds.
regarding conveyance.... its not an issue at all. Deemed conveyance is always there.
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QW/VV/791/07.09.2017
Sir, please help me in following query :
Our Society has Other Icome like Mobile Tower Income which is crossing GST limit i.e. 20 lacs per year, we collect & pay GST on same but do we need to pay GST on Maintenance which is collecting from the Members which amount is Rs. 2000 per member per month?
Answer by V. Viswanathan
Since turnover is crossing 20 lakhs registration under gst and filing of returns is must
However since monthly maintenance is less than 5000/- therefore no GST payable on maintenance but only on tower income and uncommon items like transfer fees , transfer premium, entrance fees, interest on dues , parking , non occupancy charges etc. No gst on all common items like maintenance
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QW/VV/792/07.09.2017
Dear Vishwanathan Sir,
How the society audit to be conducted. Is there any procedures mentioned in our byelaws if yes then where. If auditor is not doing society audit as per this law then what action to be taken against him. If secretary is not aware of this procedure then what action is to be taken against him. Since I took this flat I have not recd any audit report. Is there any soft copy of audit report as per byelaws is available with you then please provide. In our society audit report is place in AGM and the sign is taken is this right way to accept the audit report. What about the audit memo. If want to to do the third party audit then what is byelaws for this and procedures for this. Please explain this in details.
Answer by V. Viswanathan
How an audit has to be done is explained in section 81 of the MCS act . Audit basically is forming opinions and therefore can vary from one auditor to another.
Yes while distributing the entire audit report has to be given including memo. If not given by committee then raise the point . For re audit valid points has to be there and then the matter can be kept before DDR for his consideration
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QW/VV/793/07.09.2017
1. Building was constructed
2. After 70% construction Builder absconded.
3. Flat owners formed society.
4. They are completing d pending work.
5. O/C not received
6. Will it fall under RERA as completion certificate , OC is not received.
Answer by V. Viswanathan
A very tricky situation. Under RERA a project is registered . And the builder and others involved would be the promoter / co promoter to the project.
To answer to your query I have more questions
1. How did the society take over.. was there a formal agreement
2. Many units were planned by builder as per plan
3. Any revision in plan
4. How many members in the society.
5. Are there any units that society intends to sell to outsider
6. What is the status of the money flow/ money arrangement
Ms. Menon frankly can't answer without proper discussion and papers before . This indeed is a very unique case . Do meet me at vasai or our andheri office with relevant papers. Will sure guide you
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QW/VV/795/08.09.2017
What should be the tenor of a committee as in our society the committee changes almost every single year and sometimes more than once in the year.
Answer by V. Viswanathan
The tenure of the committee is fixed at 5 years. Neither 4 nor 6. Precisely 5 years only. Within the committee they can change the post. But the person in the committee should not change
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QW/VV/796/14.09.2017
Can Notice of Annual General Body Meeting be sent without Audit Report?
Answer by V. Viswanathan
A notice of a AGM should have agenda. and whatever mentioned in the agenda should have supporting. therefore as adoption of financials accounts are one of the required agenda of AGM, the audited financial statements should be attached with notice and agenda.
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QW/VV/797/14.09.2017
Hi Sir,
One of our member want an NoC for changing name on their electricity bill. The question here is...
1. Agreement is in name of her husband (demise) and his brother
2. Previous committe has change name in Society bill and share certificate in favour of lady.
3. Should we allocate her noc for changing name? Is it ok? Should we ask some declaration from her too?
Answer by V. Viswanathan
I understood that the property was in the name of A and B. and A has expired. now the society has already transferred the shares of A in the name of MRs. A. so therefore ideally the shares should be in the name of Mrs. A and Mr. B.
There is no harm is giving a NOC for transfer for electricity bill, mentioning clearly that they are members and MRs. A is a member of the society by virtue of death of the MR. B.
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QW/VV/798/14.09.2017
Is it mandatory to conduct AGM before 30th Sept. .. If it is not possible before 30th then is there any penalty?
Answer by V. Viswanathan
compulsory to conduct AGM before 30/9. if not done the committee can be disqualified and penalties as per section 146 / 147 of the MCS Act
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QW/VV/799/14.09.2017
Please clerify that one of C. A. having his office & practicing from Dombivali can audit Society Account of society at Virar. His appointment was not made by Society. Society appointed auditor from Virar. Account signed & given audit Report by C.A. other then the appointed auditor. Auditor of Virar simply submitted signed Account with Reports to Registrar office Vasai. Society M. C. has given copies to members along with Notice of AGM schedule in last week of September 17. Can member accepts the said audited account or ask for reaudit from appointed auditor only. Urgent please.
Answer by V. Viswanathan
What i have understood from your query is that probably in the last year AGM the general body would have appointed an auditor from Virar. however quite possible that the society has not uploaded the apointment letter online and therefore the DDR has appointed another auditor from Dombivali.
That is known as appointment under the proviso order of DDR under section 81. if that is the case then the audit is correct and may be considered for discussion int he AGM.
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QW/VV/800/14.09.2017
Hello sir in our society some shopkeeper have extended their shop after main shutter upto 2 feet otla & +12 feet beyond the otla and have occupied and covered that area then in AGM it was decided that those shops have extended they will be charges 25 rs per sq ft (I.e 25 rs × 120 sq ft = 3000 rs) does soc have a right to charge money ? If yes then how much is the amount(minimum to maximum amount) can charged if the shop is extended beyond otla 12 feet at that time society can include otla charges or excluded otla charges ?? In AGM shopkeeper nobody took any objection bt now the shopkeepers are taking objections when seen the amount in maintainence bill .. so I want ur legal advice because this matter is highly disputed {actually this extended is illegal if anybody complaint's then Nagar police can take action so pl reply in details
Answer by V. Viswanathan
encroaching beyond otla is 100% illegal and society can charge penalty upto 5 times of the maintenance as penalty with retrospective effect from the date of occupation of such place.
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QW/VV/801/14.09.2017
Dear Vishwanathan Sir,
One of our society located in Virar with more than 300 members having yearly turnover of more than 25 lakhs but monthly total maintenance is below 5000/-.
Below are the items in their maintenance bill :
Service & Maintenance
Sinking Fund
Repair Fund
Federation charges
Parking charges
Non Occupancy charges
Festival contribution
Other charges / Penalty
Cheque bounce charges
Apart from above, society collects Transfer Premium, Interest on late payment.
Society has received GST No.
Please confirm on which items (listed above) GST will be applicable.
Answer by V. Viswanathan
GST is applicable on the following
Parking charges
Non Occupancy charges
Festival contribution
Other charges / Penalty
Cheque bounce charges
Transfer Premium,
Interest on late payment.
Others would be exempted as the maintenance bill is less than Rs. 5000/- per month per member.
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QW/VV/802/14.09.2017
Respected Sir,
can you please advise procedure of nomination if a single owner (mother) want to nominate her two minor (7yrs &15yrs) daughters. what are other document she must submit to soceity with nomination form ?
Awaiting your reply. Thank you.
Answer by V. Viswanathan
other than nomination form nothing is required to be submitted. however in your own interest you can submit a proof of birth certificate of the child wherein the relation is established.
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QW/VV/803/14.09.2017
If builder sell its stilt parking slot then society is burden to allot the parking?
And if in AGM it is disapprove by members?
Or if it is approved by majority of members but opposd by others.
2)And if builder, in sell deed of parking written"allotment of parking marking"to avoid sc verdict then socity is abide by the sell deed? And if not then what action should taken by owner..
Answer by V. Viswanathan
legally speaking the builder cannot sell, allot, mark any parking spaces to anyone. even though the MahaRERA INDIRECTLY says it can be sold. the Central Government RERA strictly does not allow parking (other than garages) to be sold.
so the builder has no locustandi to sell parking. the society should find out a via media to resolve the issue amicably considering the parking issue and the purchasers who have knowingly or unknowingly purchased parking from the builder.
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QW/VV/804/14.09.2017
Sir today I recd balance sheet , income and expenditure statement from auditor. Secretary is asking me to sign this without date for which I have refuse. Also audit report is not attached with this. I have given instructions to auditor that as soon as you get the all relevant documents for audit please call management committee for audit. But without calling he carried out this audit. What action can we take against auditor and secretary. Please guide me.
Answer by V. Viswanathan
I shall explain you the process of the audit and hopefully you will get your answer.
1. after the year end on 31.3. the accounts have to be finalised by the committee through its accountants on or before 15th MAy.
2. Send the acocunts DULY SIGNED by committee to auditor for audit on or before 1st June. that is that you have sign the income expenditure and balance sheet.
3. the auditor has to complete the audit
4. the auditor has to send the draft audit report to the committee for its approval. the audit report here would be unsigned.
5. managing committee has to taken a MCM to approve the draft audit report with or without suggestions.
6. considering the suggestions the auditor to finalise his reprot and issue final audit report on or before 31st July.
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QW/VV/805/14.09.2017
Thanks, AGM has appointed auditor from Virar only & uploaded also. The Virar based auditor has taken his service. The auditor from Dombivili not appointed by DDR. I contacted the said auditor who informed that my service is taken by Virar person. Since I audited Account I am suppose to sign account & give Report. I do not have appointment letter of Society. Appointment letter is in name of Virar based auditor. This is situation. Please advice.
Answer by V. Viswanathan
This appears to be grossly wrong. please do object the same in the AGM. if the virar auditor is appointed and uploaded and even in online his name appears, then the auditor of dombivali has no business to conduct audit. wrong. completely wrong.
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QW/VV/806/14.09.2017
Sir please advice
Our society has a borewell
Can the society sell this water for commercial gains and use the money for society maintenance
Answer by V. Viswanathan
Society is formed to maintain the building. no doubt no water can be sold by the soceity. municipal water purchased should not be sold. however I dont find any reason why a borewell water cannot be sold as it is not purchased. here I say presuming that they are buying water from municipality for consumption.
still I wouldnt encourage society to sell basic necessity. It may not be wrong or illegal but surely immoral.
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QW/VV/807/08.09.2017
Good Evening,
In our society a flat is been sold to a existing flat owner. She he is already a share holder and member.. Is transfer fee applicable
Awaiting your expert advice.. Regards
Shivkumar
Answer by V. Viswanathan
Yes
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QW/VV/807/09.09.2017
Our's complex is of 16 buildings, complex conveyance is there. Is it necessary to get independent conveyance for each building?
Answer by V. Viswanathan
Can do independent or else together too. Need to see the papers and decide
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QW/VV/808/14.09.2017
Dear Vishwanath,
I own the flat jointly with my wife.
The society has only mentioned my name in the Name Board, Maintenance Bill as well as the Share Certificate.
I did tell them about the error which they are not aware. Pls let me know if my reply is correct.
Answer by V. Viswanathan
Henceforth it is very important that the names of all owner of the flat is mentioend in the share certificate. do explain them. if they dont do it please approach registrar with a complaint.
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QW/VV/809/14.09.2017
My querry to u dear sir is spouse of society member can attend Agm meeting n can tk part in discussion of society business ?
2) can both together attend Agm ?
(note :spouse r nt associate member in soc record)
Associate member( whose name jointly in agreement ) can tk part in Agm in absence of legal member ....
4) wht abt spouse of secretary n treasurer..can dey tk part in Agm vth der hubbies as dey looks after sum business of soc in absence of der hubbies?
5)how do v elect women members in working committee ,if they r nt legal members of d society ? Plz help sir ..
Answer by V. Viswanathan
1. After 14.2.13 if a person is not a member then he / she cannot attend meeting. to be a member his / her name should be in share certificate. to have their name in certificate they should have their name in the property (agreement)
2. only one can attend, speak and vote.
3. associate member means whos name stands second. so if the first member is absent and if he has filled in authoirty letter form 10A then associate member can attend.
4. no not allowed. answer as per 1, 2 and 3 only.
5. they women are not owners of flat / shop then they cannot come in the committee and therefore the women reservation will have to be left blank.
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QW/VV/810/14.09.2017
Vishwanath,
Few queries.
1)Is transfer fee applicable when a flat is been gifted.
2) will he also have to pay the membership fe
Answer by V. Viswanathan
applicability of transfer fees is on the basis of the relation and not document. like if you gift me your flat still transfer premium is applicable as we are not related> similarly if father sells his flat to son no transfer premium
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QW/VV/811/09.09.2017
If the society is paying more than 5000 by cheque against Bill, is revenue stamp required. What if the revenue stamp is not affixed
Answer by V. Viswanathan
Any payment above ₹5000/- stamp duty is required in the form of revenue stamp. If not done the auditor should mention the same in his report and the government may initiate action against the same
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QW/VV/812/09.09.2017
If the SGM minutes not circulated to members then the decision taken in this meeting is valid ?
Answer by V. Viswanathan
Validity of resolution does not depend on the circulation of minutes. Just because minutes is not circulated it does not invalidate the general body resolution
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QW/VV/813/09.09.2017
If the SGM minutes not circulated to members then the decision taken in this meeting is valid ?
Answer by V. Viswanathan
Validity of resolution does not depend on the circulation of minutes. Just because minutes is not circulated it does not invalidate the general body resolution
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QW/VV/814/11.09.2017
Any one can provide NOC format for sale of flat? Can member sale thier unit without NOC from society?
Answer by V. Viswanathan
No NOC required for sale of flat now. Format if needed i shall sent to you
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QW/VV/815/14.09.2017
Dear sir. In a managing committee, if the chairman resigns , for appointing a new chairman is it mandatory to call the registrar appointed person?. If any one within the committee is ready to take the chairman role, can we consider that. In that case only a new comm. Member needs to be elected in the EGM. Also is internal swapping of roles is possible. For example if existing chairman wishes to be a Committee Member and some one else within the commitee takes his role, in this scenario too do we need to call the registrar appointed person. Pls advice.
Answer by V. Viswanathan
When a chairman resigns for committee and post then appointment of that member has to be done through SCEA / Deputy registrar only.
however if a chairman resigns from his post but retains his committee membership then the committee can appoint a new chairman in its meeting. forget registrar no general body meeting required. only committee meeting is enough.
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QW/VV/816/14.09.2017
Whether housing societies covered under RTI
Answer by V. Viswanathan
Not directly but indirectly. Like you cannot apply to a housing society under RTI. but you can apply to deputy registrar asking about a society which has to reply. so for registrar to reply to you he will in turn as to that society.
so therefore RTI perse is not applicable to society .
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QW/VV/817/14.09.2017
New committee members are appointed in d election conducted by election officer..
1. Handing over not done by old committee
2. Can d old committee call for AGM if thy hv to conduct AGM b4 30 Sept.
3. If no, then can AGM b called by New committee or they can call only after a year.
4. Assuming notice of AGM was given by old committee...can they conduct AGM irrespective of the formation of New committee...
Answer by V. Viswanathan
Handing over or RECORDS by the old committee is one thing and TAKING charge as new committee is other thing. no doubt the old committee is required to submit the papers to new committee. however the new committee is only authorised to call for the AGM.
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QW/VV/818/14.09.2017
AGM madhe pass jhalela niyam next AGM la sarvanumate, cancel karta yato ka?
Answer by V. Viswanathan
Any general body resolution can be overturned or reversed after six months.
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QW/VV/819/14.09.2017
Kindly inform us the procedure to change the category of society register under mahasahkar
Our society mistakenly register under 100 and below members category,
But we have total 109 members including shop
How we can do the necessary changes?
Answer by V. Viswanathan
May application to DDR / Deputy registrar with all the required proofs and do followup. it will be changed. It will definitely take time but will be done.
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QW/VV/820/14.09.2017
Dear Sir ,
Please let me know if AGM meeting not attend by any society members so there is any rules to pay some of amount
Answer by V. Viswanathan
As per the act it is the right of the member to attend the AGM and not a duty. however I do understand that if some member does not come it might delay major decisions.
my suggestion would be instead of thinking of penalty, better way would be why not give food, or discount in next bill. I guarantee the attendance would be near 100%
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QW/VV/821/24.09.2017
When the flat/shop is on the basis of HUF does a person need to fill in the nomination form in the respective society
Answer by V. Viswanathan
The karta of the HUF
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QW/VV/822/24.09.2017
Gd Morning To everyone ...Query..What is the obligation flat owner has towards society while offering his flat on rent ... Does society can claim any Amy or demand any docs for their records n safety ... pls advise ... Rgds
Answer by V. Viswanathan
1. INTIMATE (mind you no permission required ) the society atleast 8 days in advance
2. Leave and licence to be registered
3, police clearance
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QW/VV/823/24.09.2017
Viswanath sir, I would like to know about latest update of: 1) who can attend the AGM ? (1st name holder or 2nd name holder in agreement )
2) if election officer not come in AGM so what to do? can we change our office bearers and committee member ??3) can we co-opt new office bearers n committee members?4) what are the rights of associate member? Can associate member take a part in AGM n hold post as Committee Member? It's urgent.
Plz reply Sir...Thanks.
Answer by V. Viswanathan
It is the first owner who attends as the second name is an associate member. However if the first member has given right to associate member then he can attend .
2. Election has to be done by election officer only as per 11.9.14 election rules . If he doesn’t come then election has to be postponed. General body on its own cannot conduct elections
3. Cooption as on today not applicable
4.a person who’s name stands second innshare certifictw is a asociste member . He can hold post if the original member has given the authority as per form 10 A
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QW/VV/824/24.09.2017
Sir, Good Morning!
One of our existing society member wants to take another flat on leave and license basis in same society.
Is leave license agreement needs to registered? because he is already shareholder of society and police verification also needs to be necessary? pl guide.
Answer by V. Viswanathan
Even if he is a member of the society leave and license agreement has to be registered and it is advisable to get police verification in the interest of the owner and society
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QW/VV/825/24.09.2017
A query Vishwanath..
Son, father and mother are owners of a flat.
Son wishes to gift his share to his parents.
They gift deed will be registered soon.
Will there be a transfer fee
Will they have to give a transfer set along with the gift deed
any there paper work that needs to be followed.
Regards
Shivkumar
Answer by V. Viswanathan
Transfer papers as required for regular sale is must. Transfer fees ₹500/- and entrance fees ₹100/- only no transfer premium
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QW/VV/826/24.09.2017
Dear Vishwanath,
Inspite of verbal reminders to secretary of Janki Avenue , minutes of AGBM of 2016 not circulated and audit report and annual report of committee not circulated along with notice .
Answer by V. Viswanathan
Complaint to committee first and then to registrar. The committee may be disqualified to remain
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QW/VV/827/24.09.2017
Dear sir ..I want to know meaning of non active member of d soc. n wht action soc can tk on such members ?
Q2 : can society pass resolution in Agm as penalty in rs for rules braking n violating soc orders by soc members ?Its seen dat soc members nt respecting or standing by soc orders ..e.g. Parking in front of main door / Ac water dripping on bldg walls / flower pots water dripping in premises /using terrace or staircase for scrap etc etc ...plz help..
Answer by V. Viswanathan
Active member means
1. He has attended atleast one AGM in last five AGM
2. He has paid atleast one years dues of the last five years
3. He is owner of flat
The one who is not active is Non active member
2. Penalty can be levied for various breaches of bye laws including those mentioned by you after approval of general body
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QW/VV/828/24.09.2017
Good morning sir
1) What is a POA holder wright in society.
2) What is different between nominal member, Associated member and (100 rs.form fee)
Answer by V. Viswanathan
POA holder has no standing in society. Society laws does not give any sort of right for the same
Associate member means who’s name stands second in share certificate and is joint owner of flat whereas nominal member means someone like a leave n licence holder.
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QW/VV/829/24.09.2017
If the member has sold his flat. And has gone abroad without completing society formalities. And the new member has immdtly come to stay. The society does not have any docs pertaining to the flat and details if new member . Kindly suggest what action has to be taken
Answer by V. Viswanathan
Actions to be taken
1. Send letter to the owner and also the person staying there asking for details
2. If no response then levy non occupancy charges being 10% of maintenance
3. Inform police about the same
4. If you are getting your dues then just chill
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QW/VV/830/24.09.2017
If the soc has not taken conveyence from the land owner & the building is going fr redevelopment than in this case does the land owner has any benefit? Can the land owner demand any rights or ask for some share in tht land/property?
Answer by V. Viswanathan
Even though technically redevelopment can be done without conveyance however it will be a dangerous proposition to do so. I have seen many societies especially in Nallasopara getting fooled by builders
Be careful . Take professional advice
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QW/VV/831/24.09.2017
VISHWANATHAN Sir,registrar office had appointed an auditor for our society in the month of July 2017,to conduct election for Managing committee but due to unknown reasons Auditor did not contact or did not establish contact with us.
Now after more than 2 months Auditor has sent official notice to our society for election process.
I personally have suspicion that under some kind of pressure Our election process was intentionally delayed.
Under the circumstances can we as a society give a letter to the auditor asking him to explain the reason for delay in intimating the society abt the election procedure & also can we demand this auditor to be replaced ?
Answer by V. Viswanathan
You can always ask the reason for delay. However practically it will fall on deaf ears . Appointment of election officer is duty and right of SCEA. You don’t have right of choice unless you have valid reason / proof of his misdeeds
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QW/VV/832/25.10.2017
Sir. A married sister's family stay without paying Non Occupancy Charges to the Society in his brothers flat. Since last 12 years In EC 94 building.
We are charging 100/- per month. So totally 14,400/- is due from them.
Under BYE LAWS which Section/ Sub Section Society can charge them?
Please guide and advise us.
thnx nd Rgds.
Hitendra Shah. Chairman.
KRISHNA VANDAN CHS LTD.
Answer by V. Viswanathan
Non occupancy charges is charged when the flat is occupied by someone else other than family members. Non occupancy charges can be only 10% of maintenance charges. Definition of family is given in bye law as well as the notification for non occupancy dated 1/8/2001.
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Q/VV/833/11.01.2018
Repected
My society havent got occupancy certificate since we got possessions in 2006...kindly suggest me how to get it ..??
Answer by V. Viswanathan
Only the builder or the landlord has the right to obtain the OC. If your society has got the conveyance done then appoint an architect and he will assist you in getting the OC. Of course you need to pay necessary charges . If conveyance not done then please get that first and then apply for OC
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Q/VV/834/16.02.2018
In our society builder provided two water connections to some 1bhk & single water connection to remaining 32 one bhk.
Now society repairing is in progress n society is ready to provide one more water connection to remaining 1bhk with their own contribution of expenses.
Can society do the same?
Is this point should discuss in AGM ??
Cn they do the work first and pass the resolution in next meeting??
Can comitee decide in their meeting??
Nilesh Kelkar
Parikshit
Virar West
Answer by V. Viswanathan
Depending upon the total number of members in your society the limit that a committee can expend on their own is 25000, 50000 and 100000.
However in the given case since water distribution is a major contributor in society matters, I suggest please take a general body meeting to discuss and decide
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Q/VV/835/16.02.2018
Dear Sir, Resolution of taking step of 101 against particular defaulter, does it require GENERAL Body meeting or just committee meeting?
Answer by V. Viswanathan
Committee meeting resolution is enough since it is a work done in regular course of activity
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Q/VV/836/16.02.2018
Sir, after remarks from AUDITOR in audit report society has issued 10 new shares in lieu of 5 old shares after AGM decision. While issuing new share certificate old one has cancelled and kept in society records. We had collected Rs. 250 as a share money from members and investd in bank, in form of FD.
Now recently one member has sold his flat the deed writer (lawyer) was asking for 5 old certificate, as per lawyer chain of share holders must appear in new share certificate also. Kindly guide how to solve this?
Answer by V. Viswanathan
Ideally other than issuing a new certificate your society should have mentioned on the face of the new share certificate that it has been issued in lieu of the old now. Since not done . Now you may issue a letter to all the member including this member confirming the same
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Q/VV/837/16.02.2018
A sole flat owner in our society has expired, his wife expired many years ago, he has nominated 3 of his children in the nomination form
1) son --40 %
2) Son---30%
3) Daughter---30%
the childrens have still not approached the M.committee for ownership right,(as they do not reside in India) a relative has intimated to the m.committee that they might fix an appointment in days to come.
My question is what should b the procedure to b followed now?
Answer by V. Viswanathan
How the legal heirs / nominees have to apply and obtain membership and how one can get ownership has been discussed umpteen number of times in this group. In case you haven’t seen it or joined recently please log on to our website and read our FAQs.
In your case you don’t have to do anything . Let the claimant apply then you may take appropriate legal advice and decide. Until then relax.
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Q/VV/838/27.02.2018
Sir I have submitted Form 5 to the Chairman since Secretary was not present . He has accepted it with sign and date . Is this enough or do we need the acknowledgement with the society stamp? Also after this, is it confirmed that I am an Associate member ?
Answer by V. Viswanathan
Acknowledgement is must and committee has to dispose off the application within 90 days . If not done then after 90 days the applicant is deemed
To be an associate member
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Q/VV/839/27.02.2018
Viswanath sir can you please tell if a member of the society has nominated their own family member to attend AGM is it authentically bcz the society says that a fine will be charged if the nominated family member doesn't attend the AGM the owner is working aboard n can't attend the meetings that's why she had to nominate her brother to attend the meeting
Answer by V. Viswanathan
There is no question of so called nominated member to attend the meeting. One the owner can attend the meeting
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Q/VV/840/15.02.2018
Kindly check and give lawful suggestions. Person who owns the shop is missing from past ten years . He has nominated the shop to his sons name with 100% share all the doc are available with the son. The missing person is declared dead by court as per law. The son intends to sell the shop and I am interested.
Answer by V. Viswanathan
Ask the legal heirs to produce you a succession certificate from the competent court, satisfy yourself with the legal title of the property, take written opinion and only then buy it. That’s my suggestion
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