ryan (asst b/m) 28 June 2011

Queries of housing society

Hi,

IF THE SECRETARY OR CHAIRMAN OF A HOUSING SOCIETY DOESNT TAKE ANY STEP IN CLEARING SHOE RACKS, FLOWER POTS OUTSIDE THE MEMBERS FLATS WHICH ARE FULL, , CAN THE REMAINNING MEMBERS TAKE ACTION OR WHAT IS THE PROCEDURE.

THE SOCIETY SECRETARY IS RESIGNNING AT THE END OF THE MONTH , HOW LONG OFFICIALLY TILL THE NEW MEMBER REPLACING HIM NEEDS TO JOIN THE MC AND WHAT IS THE PROCEDURE.

A MEMBER handed over a maintainance cheque to the committe member ,the committe member failed to deposit the cheque for 18days ,during that time the committe member was inform that not to deposit the cheque since they will be insuffiecient amount for the cheque to be cleared since he had nt deposited the cheque for the last 18days.now the same member would like to join the committe since a committe member has to resign due to personal reasons,but now the committe says since the maintance is not paid ,the member cant be taken in the committe.

My question to the above matter is is it possible for the committe to make a statement saying because the maintainence is not been paid the member cant apply to the vacant position in the committe,after he gave the cheque to the committe member ,and the committe member failed to deposit the cheque in 18days. whose to be blame?

2. The society is formed a month ago ,after the buider gave the handover after 4years,there are many members in the bldg which have made huge shoe racks outside theit doors ,and 1 in particular has about 10/15 flower pots from her door to the landing of the next floor staircase,which may cause inconvience in an emergency. Is it possible to get the staircase landing cleared by the committe now after 4yrs,and who does decide.

3.By law is any member allowed to be presnt for the society committe meeting of the 7 members other than a committe member.

4. We are 54 flats and 13 shops in the society ,7 committe members are elected , 2 from each wing and 1 from the shops, out of which 2 committe members are ladies, now since the secretary is resigning he has recoomend another lady from his wing to take his place ,but there is another male member from the same wing who has applied for the same,Is the third lady officially be elected, (she is the second flat owner) while the male member is a flat owner.

My question is can the committe have the third lady in the committe.

Thanking you again,and awaiting a suitable reply soon .

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3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 10 July 2011

If any member has placed things unauthorized in Society’s premises i.e. the common areas, the Managing Committee should get them removed. If the MC does not do it there is no law for individual members to remove them. But why look for law, you and other members just remove them.

The Secretary of Housing Society shall cease to be a Secretary, if he resigns from the MC or if he opts out of the Secretary’s post but continues to be a member of the MC. Which one applies in your Secretary’s case? There cannot be any gap between two Secretaries and the previous Secretary should hand over charge to the new Secretary. But if there is a gap, the Chairman shall be responsible for all work normally done by the Secretary.

If a vacancy occurs in between two elections, the Managing Committee is empowered to co-opt any member of the Society to the vacancy. They need not have to co-opt only a particular member. If a member is to be elected to the MC in a regular election, under Sec: 73FF(c) of the Co-operative Society’s Act, the member will not be eligible if he is defaulter of dues as defined in the Section.

There is no provision for an application to the Society or the MC for appointment in mid-term vacancies. The stand of your MC cannot be challenged. The Managing Committee not giving the cheque for clearing is not relevant in this case. Even if the cheque had been cleared by the Society, the Managing Committee is under no obligation to take a particular member into the Committee.

The Managing Committee has every authority to get the encroachments such as shoe racks or flower pots removed from Society’s premises. They can first give notice to the concerned members to remove the encroachments within a stipulated time or otherwise the Society will remove them at the members’ cost and consequences. Generally the recalcitrant members do not care for the orders from the Society. The Police will not take any action either on a complaint unless there is a court order. As such, if you want to solve the problem, you will have to resort to strong arm tactics. Are you prepared?

No member, except the Managing Committee members can attend MC meetings.

No one is elected by the General Body as Chairman, Secretary or Treasurer. The General Body elects only members to the Managing Committee. It is the Managing Committee which elects the designated office bearers from within the Committee. As I stated earlier it is solely at the remaining members’ (of the MC) discretion as to whom to be co-opted to the mid-term vacancy.

You are saying that your Society was formed only one month back. Are the present MC members duly elected by the General Body under the provisions of the Act and Rules? If not there is a time-frame within which they have to hold elections. If they do not do that within the time-frame you can complain to the Assistant Registrar of Co-operative Societies, who is in charge of your ward. Until then you bear with the present situation.

There is no provision in any law for members or a group of members outside the Managing Committee to take any actions or decision, except by calling a General Body meeting. There are rules to call a General Body Meeting.

I write all this on the assumption that you are in Maharashtra.

Aulakh (service) 08 March 2014

We have society in mumbai comprising of 3 buildings with 400 approx members.in recent AGM and SGM the repair work was passed.However two buildings have opted out with getting signature campaign of their respective majority members citing high cost etc. The Repair work was passed as a whole for all the buildings.Now the committee is trying to get the work done only for one building.kindly let me know whether the resolution of repair is still valid as two buildings are out comprising around 150 flats.How the work can be stopped 9not started yet as in tendering stage) as we also have reservations.
The MANCOM is not kept any tendering documents etc at society office but at the consultant office.No member could inspect any document.