co-op society no general body present since 17 years

Hello,

You can approach registrar as well as civil court against the society as no procedure is followed. 

You can go to the co-operative court, if there is one in your State, or other civil court and get an injunction to get a stay on redevelopment or other work until your case is disposed of.

You have to file a case against society in a civil court.  For 17 to 18 years no GB means it is defunct. So file a case in court.

What is the stand of the other memebers? Member should join together, call the General Body and discuss the issue.

 For a particularly identified group such as the owners of individual flats in a buildng general body is the body of individuals owning the flats and it always exists. If they meet together it is a general body meeting. They may form an Association or a Society. It is not clear whether they have formed an Association or a Society. If they had not formed an Association or Society how were works of common interest carried out? How were the expenses met? Did the particular member contribute for the expenses?  All these details have to be given. 

the society is registered but no maintenance etc since past 17 no general body , years 12 flats 12 water tanks 12 water motors , anyone who has problem etc gets done by his personal expenses drainage etc etc not by society

If the society is registered there would have been a Managing Committee with Chairman, Secretary etc to begin with and probably for some years. When their term expired there should have been election. Probably the ourgoing committee did not hold election or they tried to hold election, but no member was coming forward as candidate and the Society fell into the present situation. All the eligible members including the complainant here, if he is an eligible member, is responsible for the situation for the past 17 or 18 years. Now the building is old and probably dilapidated and requires re-development and restoration. It is for the benefit of all. There was anarchy and nothing could be done. Some members thought that somehow they could retrieve the situation and do the redevelopment. Does the complainant want redevelopment or does not want. He should give reasons in either case. 

In our society there are three type of people (1) there are people who want to do public service even making some sacrifices to some extent, (2) there are people who want to do public good but also want to  earn money and position for themsleves.(3) then there are the majority who do not want to do any public work, even if such work is for their own benefit. They want others to do the work  taking all the troubles so that they can enjoy a carefree life.They will complain against category (1) and (2) persons always. The first category are the best and the  third are the worst. I do not know as to which category the complainant belongs.

I look for answer to the question "Is redevelopment necessry for the building?". If the answer is "yes" say how it can be managed.

Redevelopment is necessary and I am also in favour of it but the builder is coming via a corporator ( his influenced one ) without the society sending or giving proposal to any other Redeveloper for our members comparison etc etc / and the reputed Redevelopers are telling us to first send / give them society proposal of what all members want ie their needs / wishes then they will offer their proposal and only if the society is reformed means general body elected now also they are ready after receiving proposal and they will see this local corporator at their level , some members inspite of me telling them to hold elections now also ie before Redevelopment are not doing so ,what should I do ?

Please answer the following questions:

1. Is your Society a CHS in Maharashtra, if so where?

2. When was the Society founded?

3. Is it a flat type or open plot type society. If the building was first constructed and then a CHS formed, it is called flat-type. If a CHS was first formed then land acquired, building constructed and flats allotted, it is called open plot type.

4. When did the last managing committee's term end?

5. How many flats and how many members  are  there? How many members are residng in the building in their own flats? How many have rented it out to tenants? How many flats are locked up and vacant?

6. What is the constructed FSI of the present building?

7. What is available FSI?  Is excess FSI available?

our society is भाडेकरू सभागीदारी registered under गृहनिर्माण संस्था having registration no 984 in the year 1972 dated 3 oct 1972 under महाराष्ट्र राज्य सहकारी संस्था अधिनियम १९६० मधील ( १९६१ चा महाराष्ट्र अधिनियम क्रमांक २४ ) ९ कलम (१) अन्यावे नोडण्यात आलेली आहे

It is situated in Pimpri Chinchwad municipal corporation limits in Pimpri Camp layout in district Pune

The last managing ones expired in some 2005 or 2006 and after that no one continued so presently this no society managing committee situation

There are 12 flats ie 2 building's of 6 flats each
In common compound on total plot area of 10200 sq feets
Each one was having 850 sq feets old carpet area of that time

After that in one building of
6 flats had built unauthorised additional area of 250 sq feet carpet each flat
Without any one asking as no society general body was present ,the other building of 6 flats is in original form as it was in 1972 I am having flat in this original one

The previous FSI was 1 ie 10200 sq feets same as per our plot area as per our sanction of 1972

And FSI available presently as per our area in Pimpri
is 10200 x 3.38 = 34476 sq feet built up

any other information ,sir

The Society need to be revived. For that purpose a provisional managing committee is to be formed. How many members were there in your orignal managing committee? At least as many members should be there in the provisional committee as there were in the original committee. As there are 12 flats I presume that there are 12 members of the Society. Are all the 12 members residing in their respective flats. Some flats may be let out and the flat-owner may be away. Owners of some flats will be benamis who cannot serve in the Managing Committee. Also some flats may be locked up with the owners elsewhere. I suggest that you become a member of Maharashtra Socieities Welfare Association. They can advise you in all matters. I have attached herewith their particulars.Advocate(H.M.Suthat -9137572651) is their advocate.

out of 12 flats 2 vacant , 6 owners presently living , 4 given on rent

All co-operative housing societies in Maharashtra are compulsorily members of the Federation of CHS. You can contact them and seek advice as to how to proceed. It is their duty to advise you. Alternatively you can become member of the Welfare Society whose details I have already sent to you. Out of 12, 6 are absentee owners. They have nothing to loose and everything to gain by redevelopment. You contact the 5 residing owners and find out what they think. If they agree take action as suggested by me. If they do not agree, the only action that you can take is to stop redevelopment. You will have to go to court for that after engaging a good lawyer. The main problem in your society is that yours is a very small society.

already local corporator has appointed builder for Redeveloping and is insisting there is no need of society managing committee to be appointed or elected
as all members will be signing development deed
so is it legal or illegal and is it compulsory