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Housing society expense revealation

(Querist) 21 November 2013 This query is : Resolved 
In our co-operative housing society the managaing commitee(president/secretary) are objecting to show the expense details of the society to flat owners THROUGHOUT THE YEAR.
Their say is like companies they will show it only quarterly or yearly.
Is this correct?

Can any flat owner in any co-operative society or in apartment owners association demand ANYTIME IN A YEAR from managing committee to see the expense details or the balance sheet of the society?

The committee will have have to show the balance sheet/the expense details/maintenance calculation details anytime in a year or only quarterly/yearly?
Kishor Mehta (Expert) 22 November 2013
Madam,
The below sections of the MCS Act will be useful :
" (i) section 32(1) of MCS ACT says that registered member of the society can inspect the required information, with prior permission, in the society’s office during office hours.

(ii) section 32(2) of MCS ACT says that the member can make an application in writing to Chairman / Secretary for obtaining information about the society’s affairs. Your society is bound to give you the required information within 30 days of the application on payment of legitimate charges prescribed in the bye-law — Rs. 5/- per page. So, make an application to your society and endorse a copy to the Deputy Registrar of Cooperative Societies in your ward office.

(iii) If the managing committee refuses to give information in response to your applications and/or Dy Registrar’s notices, they are committing breach of law and willful neglect of law. The members of the managing committee are “jointly and severally responsible for acts of commissions and omissions detrimental to the interests of the society” as per Sec 73(1AB). Such actions will attract both fines and imprisonment. If they do not give you information even 30 days after the above-mentioned application, you may appeal to the Dy Registrar to Impose penalties and punishments on the managing committee under Section 146(j) and section 147 of the MCS Act.

(iv) Under Section 89 A of the MCS Act, you can petition the registrar to inspect the affairs of the society".

Good Luck,
Kishor Mehta
Shefali (Querist) 22 November 2013
Thanks a lot Kishor sir for the information.
ajay sethi (Expert) 22 November 2013
agree with kishor mehta. you are entitled to inspection of society records
Rajendra K Goyal (Expert) 22 November 2013
Well advised by the expert Kishor Mehta ji. Nothing more to add.
malipeddi jaggarao (Expert) 22 November 2013
Well advised.
Shefali (Querist) 22 November 2013
Thanks all for the guidance.
V R SHROFF (Expert) 22 November 2013
WELL ADVISED , SO NOTHING TO ADD
Dr J C Vashista (Expert) 24 November 2013
Nothing more to add


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