Federation of cooperative societies
Subodh Paranjpe
(Querist) 26 March 2013
This query is : Resolved
Dear Sirs,
I live in Golden Park Phase I Kalyan. We are a federation of 8 member societies. No. of flats/shops total in our societies are 33, 29, 32, 57, 63, 63, 40 & 48 (total 365). Share capital of all societies is same. However maintenance is being charged at Rs. 50 per flat or shop which means all societies maintenance contribution is dissimilar. But representation of all societies to federation is same i.e.,3 from each society.
The model bye laws which are the heart of co operative law states clearly that all members of co operative society are equal irrespective of the member strength of that society. Maintenance charges of federation include common electricity bills for street lighting & community hall, security charges, sweeper facilities mainly.
There are no separate model bye laws for federation of co op societies. Hence the questions are –
1. If share capital is same then why federation expense burden should not be shared equally by all member societies?
2. Why should representation of member societies not be proportionate to number of flats in that particular society? Why should larger societies suffer by paying more maintenance charges without any proportionate increase in representation on federation general body?
3. Our society (with 57 members) raised above questions since last one year. However federation have asked for general body vote to decide on this issue. Please guide. A handful of men are trying to hijack the law and subdue intellectual community of our beautiful complex. There are no bye laws made by federation till date. Our society has asked federation to seek a valid legal opinion from competent legal authority as this is a constitution matter and not election of office bearers where numbers are important.
4. There is a gang of few people in our complex with ulterior motives who are hijacking the democratic process. Please let me know the right approach.
5. Kalyan is a developing city where FSI and TDR changes have made all complexes having buildings with dissimilar members. The above problem is being faced almost all housing complexes.
6. Can the share capital of member societies be made proportionate to expense burden shared? Can member societies of federation have dissimilar share capital based on number of flats in society? Dissimilar share capital shall allow representation to federation based on population of each society, Will this be legal?
Your advice shall help us in getting justice.
Regards,
Subodh Paranjpe
Raj Kumar Makkad
(Expert) 26 March 2013
1. It can be distributed equally but this should be reasonable.
2. Your logic is accurate. You all should make representation to amend the rules.
3. Your demand is genuine. If no solution is arrived at by those persons, bring this matter before registrar and failing which before cooperative court.
4. Already suggested.
5. This is factual matter and not a query.
6. Proportionate representation and proportionate expense is the only solution to your problem and this is also a democratic way to deal with such common issues.
Subodh Paranjpe
(Querist) 26 March 2013
Dear Raj Kumar Sir,
Thanks very much for precise guidance which definitely shall encourage us to seek legitimate justice for us.
Regards,
Subodh Paranjpe
M V Gupta
(Expert) 26 March 2013
How is it that ur federation does not have bye laws? Is it not registered under the MCS Act? For model bye laws of a federation of Housing Societies pl consult the Federation of the housing Societies of ur District and also seek the guidance of the federation on the issues raised by you.
Subodh Paranjpe
(Querist) 26 March 2013
Dear Gupta Sir,
During registration with mcs skeletal constitution was prepared which was to be subsequently amended framing bye laws within framework of model bye laws. But certain people did not allow it to happen. We have been raising our concerns last one year which escalated as no attempts were being made to set right the proceedings and my society continued to suffer. Hence we put a query for advice. Thanks. Paranjpe
