Maintenance Charges in Housing Society Management
Krunal Patel
(Querist) 27 July 2011
This query is : Resolved
Hello All,
Our Housing Society which is been running since last 8 years had been handled by 5-6 Members residing in the same society... There are around 72 Flats in 2 Buildings.
All have been paying Maintenance Charges regularly but when any of the Flat Owner ask for the Accounts, Members provide verbally & when asked for proofs they say we don't have any records..
Now Annual Income from these 72 Flats comes to around 6.5 Lacs to 7 Lacs but where this amount goes nobody knows except these members.
Even in meeting verbal discussions are held and now at these stage hardly 15-20 people comes in meeting.
NOW we FLAT OWNERS need to know what are the LEGAL WAYS to go against these Members. & WHAT ACTIONS Can be taken against them and HOW..
Whom should we all approach..
PLS. PLS. PLS.. PUT your VALUABLE SUGGESTION so that we GET JUSTICE...
jatin sharma
(Expert) 27 July 2011
yes, you can give a application in RTI office of your district office and mention this Q in the letter.
Krunal Patel
(Querist) 28 July 2011
Thanks for the reply.
Does this ACT apply on Housing Society ?
Can we go for Police Complaint ?
What can be the penalties levied on the members ?
Please advice
M V Gupta
(Expert) 28 July 2011
I presume that ur Society is registered under the Cooperative Societies Act of ur State. It is the legal obligation of the Managing Committee to prepare the annual accounts every year and get them audited by a chartered Accountant and submit the same along with the report of the auditor at the General Body meeting. They are bound to answer any queries raised by the Members. If your M. committee does not discharge the above duties and do not hold the GB meetings regularly you can lodge a complaint with the Registrar of Cooperative Societies who will after enquiery dissolve the committee and appoint an administrator for then Society with directions to hold elections to the Managing Committee. In case it is necessary he the Registrar may also investigate the misappropriations if any committed by the MC members and take action against them under law. RTI does not apply to Housing Societies.
RAJU O.F.,
(Expert) 28 July 2011
Some owners have to take leadership to join together, to stop the illegal management of the committee. Such group of apartment owners submit a joint letter to the managing committee, requesting to call annual general meeting immediately, to present accounts of all pending years and submit reports. Take steps for maximum attendence of owners in the meeting. If necessary, change the committee by new election by apartment owners.
H.M.Patnaik
(Expert) 28 July 2011
Dear Mr. Krunal,
You have to first ascertain the regn. status of your society.You have to go through the provisions laid down in the Bye-laws of your society as regards inspection of books of accounts,Audit, Power& duties of members, rules reg. holding/ calling for meeting etc..
If the copy of Bye-laws alongwith Incorporation certificate is not available, you can still obtain a certified copy of the same from
O/o the Inspector General of
Registration of your state or its subordinate office excercising jurisdiction over your locality
and find out whether your society
has complied with the statutory requirements that needed to be
complied with by any Regd. Society.
Armed with all these docs., you can approach the jurisdictional authority with prayer to issue direction to the present body to provide accounts and to mitigate your legitimate grievances.You can also consult an experienced local lawyer of your locality to assist you in the matter.
Krunal Patel
(Querist) 29 July 2011
Thanks to All,
This guidance was really very important for me to MOVE Ahead with our Society Members.
M really finding this Site as an EXCELLENT PLATFORM..
Once again thanks a lot & Have a Nice Day!
