Harrasment by cooperative housng society committee members

As the levy of penalties was not mentioned under the Agenda, they cannot levy even Re.1/- from any member whether the alleged offence is innocuous, minor or major. You need not pay the penalty. Whether you just keep quiet, write to the MC or the the Registrar is your option. Only keep a record of the amounts you pay and penal interest they charge you so that you can rebut them in any future.

If you jointly own the flat one of you will be member and the other associate member. A menber has the first right to attend and vote at a meeting. In the absence of the member the associate member can attend.

What other members have done are very serious and if not penalty the MC can inform the Municipality or  go to court. The Municipality is very corrupt. They will take money and keep quiet. But they can be forced to act through RTI.

You have nothing to worry about. As regards the worry of others let them worry themselves. If another problem arises in future or this problem makes a different turn, then come here again.

Thanks Dr Ramani for your feedback.

Regards

Maitreyee

Thanks Mr. Sharma.

The MC our committee has suggested the foll. during the AGM

The MC of our socirty has suggested the foll. during the AGM. Wanted to check if this is as per laws.

Fine for trespass of common areas and damage caused by flower pots: It was resolved unanimously by the general body, that all areas outside of flats doors are common areas of society and cannot be used by any member. No personal items can be stored anywhere in the building outside member’s flats.

It was also resolved that flower Pots cannot be kept on ledges of windows as they cause damage to exterior painting of building walls (Only exception will be for one Tulsi plant per flat which also has to be kept inside a deep outer vessel to avoid leakage of mud).

All existing flower pots will have to be removed immediately by members.

Hon. Secy. agreed to the suggestion that a common area will be found to keep cycles of little kids in the Society premises.

It was resolved that a fine of Rs.1000 per week will be levied on persons who are blocking common areas or using it for personal storage such as shoe racks, cycles or any personal property or other misuse . A fine of Rs.1000 per week will also be levied on residents who do not remove flower pots from windows.

If the same is not complied even after paying fine, the next fine will be Rs.5000 per week, from the following week for both of the issues mentioned above.

In the co op hsg A flat is purchased by husband and wife as a joint owner and husband dies without making will or nomination then how we can remove the husband's name, can we transfer the flat in the wife's name directly there is only 1 legal heir (daughter) please advice

What I say is valid only if the flat is in Maharashtra. The law is vague in this respect. If the flat has been purchased in the joint names of husband and wife, most probably both will become members of the Society one being Member and the other Associate Member. Under the Model Byelaws an Associate Member ceases to be such Associate Member on the death of the main member and the property will go to the nominee, if there is one or to legal heir including an heir as per a valid will. However after the introduction of stamp duty the tranfer deed would say that the property is transferred to both husband and wife jointly for a consideration.  Thus both husband and wife will become beneficial owners and the rights of either of them cannot be denied notwithstanding anything stated in the byelaws or the Co-operative Societies Act. The percentage ownership of each member would be as stated in the transfer document. If nothing is stated it will be presumed to be 50:50. In the event of death of one of them his or her share will go to his or ber legal heir/s and the other part will remain with the surviving member.

If the ownership remains undecided, the question as to who will assume upon himself/herself the liabilities to the Society will also remain undecided.. It is in Society's interest that this is decided. Hence in order to safeguard their own interest the Society can transfer to the surviving member on application and giving an indemnity bond indemnifying the Society from any third party claims. If the Society doesn.t want to do that, detailed procedure to be followed is given in the Model Byelaws.

Sir, our housing society has passed a ruling that no plants will be kept in the windows/flowerbeds since the exterior has just been painted and plants will ruin the paint. We removed the plants while the painting was being done to facilitate the painting, but we are against the rule. The society has sent us a notice saying that they will charge us a penalty of Rs 1000 per day if we do not remove the plants from our windows. I know this is totally illegal. Also, nowhere in the by-laws is it mentioned that I cannot keep plants in the windows. How can I take this matter forward? Kindly help. Thanks, Regards, Mukta Kunte

The original query also was similar to that of Mukta Kunte. Let me try to answer the question one by one.

1. The Society says that flower pots cannot be kept on window sils. But such a ban is not there in the byelaws. If something is not stated in any law need not by itself make an act permissible. One has to see whether there is merit in Society's action. 

Byelaw No.48 says that every member shall keep his flat clean.  If the Society can ask a member to keep his own exclusive premises clean, could the Society not apply the byelaw to common areas also?

Further byelaw number 52 says "No member shall do or suffer anything to be done in his flat which may cause nuisance, annoyance or inconvenience to any of the members of the Society or carry on practices, which may be repugnant to the general decency or morals of the members of the Society."

This byelaw can also be applied to the case of flower pots.

The byelaws speak about penalty for the breach of the byelaws and the procedure to be followed before imposing a penalty. I am not aware of any limit prescribed under any law or Government order.

What all I have stated above may be disputed. But exactly for that purpose only there are courts.

I have tried to reson with them, I keep my flowebed and the plants very clean. I also invited them to come and see the way we keep our plants. But they will have none of it. I am also willing to invest in deep tin trays so that no water can seep through and spoil the paint. Also, I gathered from the entire thread of conversation, that only a one time fine of max rupees 1000 can be levied. Need clarity on this. My intention is not to fight but logically reason...only if they would listen!

HI sir,

I stay in a society which is located in Mumbai and is only 22yrs old. There are a total of 20 flats in our building, The managing committe has now decided that the building needs to go for redevelopment, they have intiated the process, however, they are not keeping all the society members informed about the progress they nithershare the minutes of the General body meeting or Special general body meetings held for redevelopment, even the selection of the developer was not discussed with the entire society members, out of the 5 shortlisted developers, they visited only 1 developers site and ignored the rest, they have not even formed a redevelpment committe. only the Managing commitee( secratory, chairman and Treasurer) are taking the calls and not even considering others suggestions.

It has come to our notice that without even having the consent of the maximum society members they have gone ahead and issued a LOI to the developer.  They are now indulging in individualy meeting up with society members and misleading them to sign on a MOU with the developer which they have selected.

Also, the accounts of the society are not regularly shared, the AGM is also not held every year, there seems a lot of irregularities in their functioning.

We the society members want them to answer all our queries and issues before going ahead with the redevelopment process, infact looking at their conduct we want to have this Managing committee members(holding their posts for last 5 years) expelled and a fresh election to be conducted for selection of new Managing committe.

However, they are refusing to hold any extraordinary general body meeting, we have even given our written communciation to them( 10 members have signed out of 20) asking them to hold an internal meeting but they are not adhering to our request.

Kindly advice/suggest what can be done in such a scenario:

1. Do we need to approach the Registrar for conducting and enquiry into the affairs and

2. Ask the Registrar to appoint an adminstrator to conduct fresh elections?

3. Do we need to initimate the developer that he should not get involved as majority of the society member are not in favor of going ahead with the redevelopment. and that these MC members have not taken a majority consent and acted illegaly?

Kindly suggest

You make a complaint before the Deputy Registrar  having jurisdiction over your Ward giving all the reasons and request him to take action under Section 78 of the Maharashtra Co-operative Societies Act, 1960 against the Managing Committee.

Thanks sir, 

1.  IF 10 members (out of total of 20 members) have given a written and signed requisition to the Mg.Committee to hold an Special General Body Meeting (SGM), THEN it is mandatory on part of the Mg.Committee to call such SGM.    IF they fail to do so THEN one can make an application u/s 76(2) of the MCS Act, to get the entire mg.committee dismissed and debarred (disqualified).

2.  The Coop. Registrar's powers u/s 78 has now been restricted w.e.f. 15-02-2013, hence Administrator cannot be appointed).

3.   Any new elections, henceforth will be conducted by the State Coop. Election Authority, after receiving appropriate requisition from the Society or the Registrar (as the case may be)

4.   Send a legal notice to the Developer and the Mg.Committee, restraining them from going ahead with the Redevelopment, for violation of the Act.  This also CAN be jointly signed by the 10 members.  A private criminal complaint also can be filed in the local magistrates court.

Keep Smiling .... Hemant Agarwal

Dear Hemant,

few questions..

as the powers of Registrar now seems restricted due to ammendment of the act, do we need to send the application under sec 76(2) to the registrar or the state coop elec authority and where can i get the address of the State coop elec authority. And how long should we need to wait before sending such an application( the request for holding a SGM was given to the Managing committe 2 weeks ago).

Also, sending legal notice to Developer need to be done simultaneously or can it be done post the disqualification of the existing Managing committee and reelection of new MC members?

Thanks

Hi Sir,