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nikhil sahasrabudhe   22 August 2023

Query regarding cooperative housing society rules

Dear Sir, 

I am an member of a housing society in the Mumbai suburbs. I want to have an understanding/ clarity on below points - 

 

1. Having understood that a Member of a flat can cast his vote in society meetings and in his absence an Associate Member can cast his vote, but Can they both attend general body meetings together?

 

2. As per the bylaws 2014, Annexure 3 - committee election rules, a new member who has not completed 2 years of his enrollment as a member of the society is not eligible to participate in the election of the managing committee or that he cannot become a committee member till he completes 2 years as member. But the same rule is not mentioned in the model bylaws 2017 or recent published copy. So please guide..

 

3. If the society decides for some repairs and painting work of a building and decides to add some charges in monthly maintenance bills towards painting works for next few months, and if a member is unable to pay these additional charges timely due to financial problems, can the society charge a penalty for delayed payment?

4. Can a Two - wheeler be parked in a stilt parking alongwith a four-wheeler by the owner of the stilt parking?

 

Request you to please guide with the bylaws (number or section) for above queries so that I can refer to a hard copy of bylaws. Thank you.  My email ID is - nikhil.njs@gmail.com



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     22 August 2023

1. No, only one can cast the vote3.

2. You can decide based on bylaws of association. Otherwise you can challenge the same before cooperative court. 

3. It depends on the bylaws in this regard 

4. If the society has no objection then you can park it. 

nikhil sahasrabudhe   23 August 2023

Thanks sir for your reply. But I need a little more clarification on point 1 - whether a member and an associate member can participate in a society meeting together? 

Sudhir Kumar, Advocate (Advocate)     24 August 2023

1. Having understood that a Member of a flat can cast his vote in society meetings and in his absence an Associate Member can cast his vote, but Can they both attend general body meetings together?

 

READ THE SOCITY CONSTITUTION WHETHER IT ALLOWS PROXY VOTE.  ALSO WHETHER IT ALLOWS MULTIPLE ATTENDANCE IN GB.

 

2. As per the bylaws 2014, Annexure 3 - committee election rules, a new member who has not completed 2 years of his enrollment as a member of the society is not eligible to participate in the election of the managing committee or that he cannot become a committee member till he completes 2 years as member. But the same rule is not mentioned in the model bylaws 2017 or recent published copy. So please guide..

 

 

IT THIS RULE A PART OF NOTIFIDED CONSITUTION OF THE SOCIETY.

 

3. If the society decides for some repairs and painting work of a building and decides to add some charges in monthly maintenance bills towards painting works for next few months, and if a member is unable to pay these additional charges timely due to financial problems, can the society charge a penalty for delayed payment?

 

YES.

 4. Can a Two - wheeler be parked in a stilt parking alongwith a four-wheeler by the owner of the stilt parking?

IF IT IS PAID PARKING THEN HE CAN USE IT IN ANY MANNER.  IF IT SI COMMON PARKING THEN PARKING TWO WHEELER IN CAR PARKING IS MISUSE OF SPACE.


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