NON-OCCUPANCY CHARGES, IN A SOCIETY AND TENANTS STATUS

NON-OCCUPANCY CHARGES, IN A SOCIETY:

01. CRITERIA FOR LEVY OF NON-OCCUPANCY CHARGES:

a)    A person purchases a flat in a CHS for his own residential usage.  He (as Member) is bound by law to pay the Society Maintenance Charges, for his flat when he is personally residing or even if the flat is  kept locked. 

This means that even if the member is keeping his flat locked at all times, when he stays in Dubai, the member has still to pay the "FULL" Society Maintenance Charges, without any concessions.

UNDERSTANDING IT VERY SIMPLY:

b)    Members flat Closed / Locked / Vacant / not occupied for any period = is equal to Self Occupied,

WHICH  is further equal to = Regular full maintenance charges and non-occupancy charges cannot be levied.

Criteria = Possession should remain with the Member itself.  Period.

c)   Members flat occupied by non-family members,  that is Rentees / Leasees / Licensees = is equal to  "non self-occupancy"  which is further equal to =  compulsory levy of non-occupancy charges subject to a FIXED  “10% of the consolidated Service Charges”  (excluding Statutory Taxes).

Criteria = Possession should remain with the "Renter / Tenant"

d)   Family Member means: Group of persons which includes Husband, Wife, Father, Mother, Sister, Brother, Son, Daughter, Son-in-Law, Brother-in-Law, Sister-in-Law, Daughter-in-Law, and Grandson & Grand-Daughter.

Non-Occupancy Charges  CANNOT be levied to the above family-members of the bonafide  Member.  However, intermittent joint-stay of other family members OR friends, will not attract Non-Occupancy Charges.

e)   FLATS IN THE NAME OF TRUSTS /CORPORATES

In case of CHS Flats owned by Trusts or Corporate’s, Non-Occupancy Charges CANNOT be levied on the Guests staying in such flats.

Guests = Bonafide Staff members (Directors, Executives, Managers and so on)

HOWEVER,  for this the Company should submit a Board of Directors (BOD) resolution, to the Society detailing the name of person who is authorized to stay in the flat.  Besides the BOD resolution, the company NEED NOT submit any other document (means Form-Appendix no. 27 or  Form-Appendix no. 11, or  100/- as Nominal Membership fees or Notarized photocopy of the Leave & License (L&L, Rent) Agreement or Police verification Report of its staff).

A Company-Owned flat cannot be used as a regular Transit / Guest house

f)   Similarly a individual owner-member, may also give his Flat on rent /lease to a Corporate, BUT subject to compliance and requirements of the CHS bye-laws (more specifically detailed in point no. 03, below).

However, here the Corporate CANNOT use this tenanted flat, as a Transit / Guest House, for its Staff members.

02. NON-OCCUPANCY CHARGES FIXED at 10% :

The Society is concerned only with the FIXED 10% extra charges, over the regular service charges, as "Non-Occupancy Charges" and STRICTLY NOTHING beyond this. There is no concept of less than 10% or greater than 10%  non-occupancy charges.  Any amount (whatsoever) collected, besides the FIXED "10% Non-Occupancy Charges", is ILLEGAL, and is duly prosecutable under the Consumer Protection Act and also under the Indian Penal Code (Criminal Acts)

03. JURISDICTION OF A SOCIETY:

IF a Owner-Member wants to rent /lease out his flat THEN he is obliged to comply with the basic requirement under the CHS bye-laws. A Society is concerned only with compliance of the Bye-Law norms, which means:

      a)  Prior permission of the Society vide Bye-Law form-Appendix no. 27.

      b)  Form-Appendix no. 11, along with cheque of Rs. 100/- as Nominal Membership entrance fees

      c)  Certified Photocopy of the Leave & License (L&L, Rent) Agreement, duly Stamped and Registered.

     d)   Police verification Report of the Tenant

NOTE:  Even if the above Form no. 27 and Form 11, are not submitted to the Society, it does not "illegalize" the Tenant, nor does the Tenant become a "trespasser", as is hallucinating thought off by various ignorant MC's.

Subsequent to the above and /or irrespective of compliance of Form no. 27 and Form 11, the Society is liable and responsible to levy a FIXED "10% Non-Occupancy Charges", on the regular Society Service /Maintenance charges, in the society bill of its own registered primary member, but to the exclusion of Statutory charges (e.g.  BMC Property Tax, NA Tax, BMC Water Charges).  IT will be illegal on part of the Mg. Committee, to raise CHS Maintenance bills in the name of the Renter /Tenant.

NOTE:  Levy of “Non-Occupancy Charges” are Mandatory and Compulsory.  IF the Mg. Committee (MC)  fails to levy the Non-Occupancy Charges to the member, THEN all the MC has to jointly compensate the CHS, by paying the same from their own pockets, for non-compliance and violation of bye-law no’s. 43(1) & 43(2) & 20

04. COMMON SERVICES & AMENITIES:

The Society is classified as a "Service Provider", under the Consumer Protection Act, which is further reinforced from several Judgments of the Consumer Court.

The Sole-Responsibility of a Coop. Society, is to provide "Common Services & Amenities", to its members, which also lawfully means "Common Services & Amenities" to the Tenants of its members, which is more so specifically in lieu of the "10% Non-Occupancy Charges" that the Society has to mandatorily collect from its original member.   Under no circumstances the Society may levy any charges, directly to the Tenant.  Under no circumstances, the Society may stop any “Services /Amenities” to the said Renter /Tenant, which includes Car Parking, irrespective of an resolution passed by the Society.

05. RENTER /TENANT equals to "NOMINAL MEMBER":

a)  A licensed Tenant of the original Society member, is classified as a "Nominal Member", who by legal default derives rights to reside in a society members flat.    The "Nominal Membership" is to be granted to the Tenant, by virtue of the Rs. 100/- (as nominal members Entrance Fees).  However the Tenant derives no right to have any say in the affairs of the Society.

b)  IF the original member is paying the mandatory "10% Non-Occupancy Charges", THEN the "Tenant", definitely & lawfully derives all the rights to use the "Services and Amenities" that is available to the original member.  This includes Parking, Gym, Club-House & Swimming pool facilities.   The usual rights of  "Services and Amenities", CANNOT be deprived to a Tenant, even if such an resolution is passed by the Society General Body.  This is  successfully prosecutable in the Consumer Court.

HOWEVER, the Tenant (nominal member), does NOT derive any right to have any say in the management of the Society, more so specifically during the Voting / Contesting Elections / Attending AGM /SGM of the Society, as provided under the Society Bye-Law.

06. SOCIETY “NOT” THE OWNER OF FLAT:

a)   The Society does not own the members Flat (ownership property).  The Society cannot have a say (whatsoever) nor decide on the type of Tenant that could be allowed to stay in the Society.   It is the sole discretion of the Flat-Owner (member) to rent his property out on rent /lease, under the appropriate terms and conditions prescribed by the Law.  ONLY the flat owner can decide the type of tenant he wants to rent out his premises, BUT within the parameters of Law (i.e. cannot rent out his premises for commercial or illegal activities and so on).

b)   A Society has no legal jurisdiction to refuse residing rights to a Tenant, under any circumstances, especially in a flat owned by its member.  This is a legal fact, decided in various orders by the High Court and the Supreme Court.

c)   A Society cannot refuse a member from keeping a Tenant, even if the member is a defaulter or whatever.  The maximum a Society can do is to inform the local Police Station, about any illegal activities being carried out in the members flat, by the Tenant or the Member. Nothing more.    Even if the Flat-Owner (Member) has not taken permission from the Society for keeping a Tenant, in his own Flat, it will not amount to any illegality, nor can the Tenant be classified as a "Trespasser".

d)   Some nefarious MC's have assumed the role of "investigating" the Tenants, by conducting interviews of the Tenants.  Such interviews or assessment of the Tenants are illegal.

07. CRIMINAL LIABILITY ON THE SOCIETY  MC:

Irrespective of any resolution passed in the Society:

        a)  It is a Criminal offence to collect any charges in the guise of "Shifting Charges", or "Tenancy Deposit" or higher non-occupancy charges, over and above the mandatory 10% Non-Occupancy Charges on the Society Service /Maintenance charges.

      b) A Society is not entitled to levy compounding rate of Interest, on any outstanding amount.

      c) False levy of any other amount or charges in the Members bills

     d) Levy of any Legal Charges in the Members bills, without a judicial order.

     e) MC's cannot restrict or restrain or intimidate any Tenant from staying in a Housing Society, subject to compliance of minimum requirements, i.e. Registered Leave & License agreement and Tenants Police verification report.

     f)  MC's can be criminally prosecuted for Mischief, Cheating, Restraining, Restricting, Intimidating, Threatening, Insulting, and so on, for restricting /prohibiting tenants, from residing in a Society.

08. OVER-CHARGING  “NON-OCCUPANCY CHARGES”:

IF the society is charging more than 10% non-occupancy charges THEN the following individual and alternative remedies are available:

a)  Make a written complaint to the area Ward Registrar of Cooperatives, and pray that the CHS may be directed to refund the excess “non-occupancy charges” alongwith with interest  .AND. further pray that the MC may be penalized  for abuse of power and harassment.

NOTE: Only a bonafide member can file this complaint.

ADDITIONALLY ALONGWITH ABOVE:

b)  Make a complaint to the local Consumer Court, alleging "deliberate negligence and deficiency in services and over-charging"  .AND.  for abuse of power and harassment by the CHS Mg. Committee and pray for compensation for causing mental and physical trauma .AND. also for damages to the extent of the over-charged Non-Occupancy Charges” alongwith 18% thereon.

NOTE:  Tenant can file complaint, BUT only with the written consent of the Owner-Member and subject to availability of a duly stamp-duty paid and registered rent /lease agreement

MORE ADDITONALLY ALONGWITH ABOVE:

c)   File a written police complaint.AND / OR.  lodge a “Private Criminal case”  with the local Metropolitan Magistrate’s Court, against all the CHS Mg. Committee members (jointly) for, the various criminal harassments, like :

                i) For Cheating – u/s 418 (IPC)

               ii) For Mischief – u/s 427 (IPC)

              iii) For Intimidation – u/s 503 , 504, 509 (IPC)

              iv) For Extortion – u/s 383 (IPC)

              v)  For Restraining (stopping) – u/s 339 (IPC)

NOTE-1: All the options (a, b, c) can be filed individually and simultaneously

NOTE-2:   IMPORTANT - Must follow due documentary procedures alongwith relevant documentary evidences (proofs), before initiating above legal actions.

NOTE-3:  The Tenant alone can file this complaint, WITHOUT the consent of the owner-member, but subject to availability of a duly stamp-duty paid and registered L&L agreement.

09. PRESUMED NUISANCE, BY TENANTS:

a)    Sometimes, the Society does experience nuisance from Renters /Tenants, in the form of Rowdiness, Alcoholism, visiting girl-friends of the Tenants, playing of Loud Music, etc....  HOWEVER these can never ever be a ground for restricting /prohibiting Tenants, since all these nuisances are rampant and unchecked, amongst the Society members themselves.  It is a routine feature amongst Society Members, to bicker and fight for petty things, which includes, Ogling, Bitching, Parking, Drunkenness, Gambling, Spitting Pan juice,  Loud music, Abuses & Dada’giri, misappropriating members funds, egoistic power-struggle and what-not's.

b)    On the Contrary, the Tenants who being non-owners of the rented premises, are usually more humble and subdued, keep unto themselves and never interfere in the affairs of the Society or any of its members.

10. LEGAL BYE-PASS:

Subject to duly executing a Registered Leave & License agreement and Tenants Police verification report, the following can ALSO be successfully complied:

a) Under a typical Bye-Law, an Associate Member is not barred from Staying in the Member's Flat

      b) Limited to filing Bye-Law appendix no. 7, (alongwith Rs. 100/- as Associate Member Entrance Fees)  the original owner can make his "Tenant" as his Associate member.

Note:  Associate Membership can be withdrawn, by just simply instructing the Society for withdrawing the Associate Membership.  There is no legal-lacunae or legal-risk (whatsoever), since this type of Associate membership, has negligible rights.

     c) A Society CANNOT charge 10% as Non-Occupancy Charges, from an Associate Member.

    d) A Tenant can lawfully,  be made an Associate Member.

11. BACHELOR TENANTS CANNOT BE BANNED:

a)  The inbuilt craving to formulate Laws to govern & control other members, lead to ignorant MC's and GB General Body (GB), to pass "illegal & invalid" resolutions, for "Prohibiting /Banning Bachelor Tenant", from staying in a Society.     Such "selective & prohibitive" provisions /bye-laws created /amended under a "bye-law" approved /passed by the GB, is also  "illegal & invalid", leading to animosity and discontent in the Society, which also means "failure of the Cooperative Movement".    AS IT IS,  the Society or the MC or the GB is a "nobody"   or say "does not have the "Capacity or Capability"  to decide the legalities of such things for which there are various Laws available.  The Society MC or the GB are not "Lok Sabha" members or Parliamentarians who are empowered to pass Laws.

b)   If  ignorant & nuisance GB resolutions have their whimsical ways in a Cooperative Housing Society, then one can also expect that the ignorant GB may pass resolutions for compulsory  marriage between the members (as is a custom in some Indian culture) .OR. "compulsory sale" of flats in case the owner becomes a Widow.  This is more so since some nefarious MC's and their cronies, are in a way, controlling  the strings in a GB meeting.

12. SHYING AWAY FROM COOPERATIVE SOCIETY:

Looking at the consistent nefarious attitude of few MC's and herd-mentality GB's, Investors are avoiding investing in Housing Society properties.  On realizing the nefarious management attitude in a Housing Society,  some people have started registering their group properties, under the concept of a "Condominium",  which truncates out the nefarious management attitude in a Housing Society.  A condominium management is highly flexible and more easily, peacefully & professionally manageable, WITHOUT the usual bickering & bitching that is rampant in present Housing Society’s.

13. MH Govt. GR No. 20081104172832001 of 01st August, 2001:

BESIDES, the Maharashtra Government’s GR No. 20081104172832001 Dated 01stAugust, 2001, on  “10% Non Occupancy Charges”,  the Coop. Dept., has made no provision for Penalty and /or Penal Action under the Cooperative Laws, on those Society Mg. Committees, who dictatorially collect more than 10% as “Non Occupancy Charges”, from the helpless members of the Society, thus leading to discontent, resentment and gradual failure of the Cooperative Movement.

NO MAJOR DECISION BY MANAGING COMMITTEE TILL ELECTION UNDER 97TH AMENDMENT CO-OPERATIVE COMMISSIONER ORDER DATED 26.02.2013

 

FAQ's ON MAHARASHTRA STATE CO-OPERATIVE HOUSING SOCIETIES

FAQ

Under which section of the co-operation Act and in which situation the deregistration of society made?

Under section 21 (A) of the Maharashtra co-operative housing society Act 1960, the society can be deregistered. If the society is registered under following situation:-

1)             Registrar by giving false information

2)             Work of the society not completed.

3)             Purpose of not server for which it was formed

What is the Function of Secretary of the society?

The Function of the secretary of the society shall be those mentioned below:

1.             To issue share certificates to members within the stipulated period and the prescribed manner.

2.             To deal with resignations from members, including associate and nominal members.

3.             To enter nominations and revocations thereof in the Nomination Register.

4.             To inspect the property of the society.

5.             To issue notices regarding repairs to be carried out in flats.

6.             To deal with cases of expulsion of members.

7.             To deal with cases of cessation of membership, including associate and nominal membership.

8.             To deal with the applications for various purposes received by the society.

9.             To prepare and issue demand notices/bills for payment of the society's charges.

10.           To bring cases of defaults in payment of the society's charges to the notice of the Committee.

11.           To issue letter of allotment of flats.

12.           To issue notices and agenda of all meetings of the general body.

13.           To record the minutes of all the meetings of the body.

14.           To call the first meeting of the newly constituted Committee.

15.           To issue notices of all the meetings of the Committee.

16.           To attend meetings of the Committee and to record minutes thereof.

17.           To maintain account books, register and other records, unless otherwise decided by the Committee.

18.           To finalize account of the society in the required manner.

19.           To produce records of the society before different authorities concerned with the working of the society with the consent of the Chairman.

20.           To prepare the audit rectification reports in respect of audit memos received from the Statutory and Internal Auditors.

21.           To bring breaches of the bye-laws by the members to their notices under instructions from the committee.

22.           To discharge such other functions under the MCS Act, 1960 the MCS Rules1961 and the Bye-laws of the society and directions of the Committee and the general body meetings, as are not expressly mentioned hereinabove.

23.           To place the complaint application with facts, before the Committee, in the coming meeting.

What is provision if distrust arise against the office bearers and similarly against the employees of the office of the Housing society.

No confidence resolution can be moved against the chairman/Dy. Chairman, secretary, and treasurer. The concerned office bearer can be expelled by passing a resolution through voting of 2/3 members. Once a no-confidence motion is rejected then it could not be moved for six months from the date of resolution. If there is distrust against employees then the society may take action by giving them sufficient opportunity and by hearing them.

What is the provision for submitting M-20 bond by the managing committee of the Housing society?

It is obligatory on the managing committee members of the housing society to prepare bond individually in format M-20 as prescribed in rule 56 and under section 73(A) & 73(A) (B) within 45 days from the date of taking charge of the office (from the date of first meeting of newly elected managing Committee) and keep it in the society’s office and to inform concerned registrar office accordingly otherwise by presuming that the posts are vacant administrator is elected. The format of the bond is as follow:-

(Form M-20)

See Rule 58-A

I, Shri/Smt._______________________________ age ______ residing at __________________ elected on the managing committee and its term am ________________ years. I have stared the working of the office from this date. I, today means _______ dt. ___________________ declared I will be jointly and individually responsible for those decisions taken by the society in its tenure which are related with working of the society. I. will be responsible for all such acts and disacts which cause damage to the interest of the society and for which provision is made in Section 71(1) (ab) of the Act.

Sd/-

Seal of the society

Date:

Place:

Signature of the witness

(Secretary /Chief executive officer)

The Bond letter should be executed on the stamp paper under Mumbai Stamp Act 1958.

What is a procedure to moved no-confidence motion against office bearers of the Housing society?

No confidence motion against the office bearers of the housing society can be move under section 73 I. D. (1) (2). Its procedure is as follow:-

A.            It is necessary to give no confidence motion in the format 1-18 prescribed under rule 56(A)(1) under co-operation law by signing at least 1/3 members of the managing committee members to the office of the concerned Dy./Asst. Registrar.

B.            After receiving such no confidence motion then it is necessary that the registrar have to issue orders for calling meeting of managing committee on the motion by appointing authorizing officer under provision in law.

C.            It is obligatory on the part of the officer appointed to organized that said meeting within 15 days from the date of notice under section 73 I.D.(3). In this meeting the no confidence motion should be passed by 2/3 majority of the number of members. This meeting could not be postponing for any reasons.

D.            It is obligatory that the officer appointed for this meeting should have to give his decision the no confidence motion in M-19 format prescribed under 57(V)(7) of co-operative law. If no confidence motion is rejected then no-confidence motion cannot be moved for at least next 6 months.

With Membership What Important Rights received to the Member of the Housing Society?

A member of the Housing Society received following Powers/Rights after getting membership.

1.             He is getting right to take possession of his flat.

2.             Get right to make co-member/nominal member.

3.             Get a right to received bye-laws copy.

4.             Get a right to inspect concerned account and other papers mentioned in Section 32(2) and to get copies of that.

5.             Get a right to present in General Body Meeting.

6.             Get a right to fill a form as a candidate for Managing Committee Election if he is not defaulter.

7.             Right to cast vote in the election of the society.

How shall the Committee apportion the Share of each member towards the charges of the Society?

The Committee shall apportion the Share of each member towards the charges of the Society on the following basis:

(i)            Property taxes: As fixed by the Local Authority.

(ii)           Water Charges: On the basis of total number and size of inlets provided in each flat.

(iii)          Expenses on repairs and maintenance of the building/ buildings of the Society: At the rate fixed at the General body from time to time, subject to the minimum of 0.75 per cent per annum of the construction cost of each flat for meeting expenses of normal recurring repairs.

(iv)          Expenses on repairs and maintenance of the lift, including charges for running the lift: Equally by all the members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.

(v)           Sinking Fund: As provided under the bye-law no. 13(c).

(vi)          Service Charges: Equally divided by number of flats.

(vii)         Parking Charges: At the rate fixed by the general body of the Society at its meeting under the Bye-law No. 84 & 85.

(viii)        Interest on the delayed payment of charges: At the rate fixed under the Bye-law No. 72 to be recovered from the defaulter member.

(ix)          Repayment of the installment of the loan and interest: The amount of each installment with interest fixed by the financing agency.

(x)           Non-Occupancy charges: At the rate fixed under the Bye-law No. 43(2)(iii)(c).

(xi)          Insurance Charges: In the proportion the built up carpet areas of each flat, provided that if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in proportion of the built up areas of their flats.

(xii)         Lease Rent: The built up carpet area of each flat.

(xiii)        Non-Agricultural Tax: The built–up carpet area of each flat.

(xiv)        Any other charges: As may be decided by the General body of the Society at its meeting.

Can Service charges be charged per area of gala?

As per provisions under bye-laws no. 69(a) there is a provision to charge the service charges to all flat based on per area.

Who shall fix the Society charges in respect of every flat and on what basis?

The Committee has the duty to fix the Society charges in respect of every flat on the basis of the provisions as laid down under the Bye-law No. 69(a).

How can be challenge the resolution passed in Annual General Body Meeting?

A dispute can be raised by filing a suit in co-operation court under Section 91 of the Maharashtra Co-operative Societies Act 1960 and Resolution can be challenge.

Which proceeding could not be transacted in the meeting called by not giving proper notice?

Proceeding on the subjects like expelling member of the Co-Operative Housing Society, to make amendment in the bye-laws, partition of the society, to transfer amalgamated society’s property etc. which are dealing with important policy matter and causing for reaching effect cannot be transacted in the meeting called by not giving proper notice.

What are the limits for incurring expenditure on repairs and maintenance of the Society's property?

The Committee is competent to incur expenditure on the repairs and maintenance of the Society's property, if the one time expenditure does not exceed:

Up to 25 members Rs. 25,000/-

26 to 50 members Rs. 50,000/-

51 and above Up to Rs. 1,00,000/-

If the one time expenditure on repairs and maintenance of the Society's property exceeds the limits as mentioned under Bye-law No. I58 (a), prior sanction of the meeting of the General Body of the Society shall be necessary.

Can a member have access to the Bye-laws of the Society?

As per the provisions of Bye-law No. 22 of the Model bye-laws of the Society, a member shall be entitled to receive a copy of the registered bye-laws of the society on payment of the price thereof as per Bye-law No. 172 (which is Rs.10/- more than the cost price).

What is the copying fee for supply of copies of documents to members of the Society?

The member of the society, requiring copies of the following documents shall pay copying fees at the rates mentioned against them:

1.             Bye-law of the society Rs.10/- more than the cost price.

2.             Amendment of the bye-laws of the society Rs.2/- per page.

3.             Last audited Balance Sheet of the society Rs.10/- per page.

4.             Application for membership of the society Rs.5/-.

5.             Second and Subsequent Nomination by the member of the society Rs.5/-

6.             Share Certificate of the society Rs.50/-.

7.             List of members of the society Rs. 5/- per page.

8.             Correspondence (related to member) Rs. 5/- per page.

9.             Minutes of the General Body meetings and Committee meetings Rs.5/- per page.

10.           Indemnity Bond Rs.10/-.

Besides this, for certified copies of the documents a fee shall have to be paid as per Rule 27 of the M.C.S. Rules, 1961.

What is the remedy if the Member/Members are not satisfied by the decision of the Committee or does not receive any communication from the Committee?

If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, then he / they may make complaint to the Advisory Committee constituted by the General Body of the society. The formation and powers of such Committee is decided by the General Body. If the concerned member is not even satisfied with the decision given by such Advisory Committee, then as per the nature of the complaint, the complainant member can approach the below mentioned authorised officers:

a.             Registrar;

b.             Co-operative Court;

c.             Civil Court;

d.             Corporation/Local Authority;

e.             Police;

f.              General Body;

g.             Federation.

RESALE OF AWHO FLAT : AMDT IN AWHO POLICY

SELL OF FLAT IN AWHO COLONY

MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY AS PER 97 TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT)

MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY AS PER 97 TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT)


http://sahakarayukta.maharashtra.gov.in/site/PDF/Rules_Acts_Bylaws/Model_ByeLaws_of_Housing_Cooperative_societies.pdf 

BACHELOR TENANTS - PROHIBITED IN A SOCIETY ??? ITS ILLEGAL.

BACHELOR TENANTS - PROHIBITED IN A SOCIETY

Every citizen of India and non-citizens, have been granted fundamental rights under the Indian Constitution, to stay (reside) anywhere in India, BUT except in prohibited and restricted areas.

EMERGING TREND

(a) In Metropolitan /Industrialized Cities (e.g. Mumbai, Pune .... ), a new nefarious and knee-jerk whimsical concept of Prohibiting /Banning "Bachelor Tenant", from staying in a Society, is emerging, causing gross discontent among the Society members, thus leading to gradual failure of the Cooperative Moment.

(b) The MCS Act does have not provisions for "Prohibited & Restricted" areas in the Society premises. The Mg. Committee (MC) has compulsorily to work under the provisions of the MCS Act and .IF. the MCS Act does not provide for restrictions on "Tenants", THEN "Bachelor Tenant" cannot be prohibited (banned) from residing in a Society, even if for whatever reasons.

(c) The inbuilt craving to formulate Laws to govern & control other members, lead to ignorant MC's and GB General Body (GB), to pass "illegal & invalid" resolutions, for "Prohibiting /Banning Bachelor Tenant", from staying in a Society. Such "selective & prohibitive" provisions /bye-laws created /amended under a "bye-law" approved /passed by the GB, is also "illegal & invalid", leading to animosity and discontent in the Society, which also means "failure of the Cooperative Movement". AS IT IS, the Society or the MC or the GB is a "nobody" or say "does not have the "Capacity or Capability" to decide the legalities of such things for which there are various Laws available. The Society MC or the GB are not "Lok Sabha" members or Parliamentarians who are empowered to pass Laws.

(d) If such instances in Society are a regular feature, which could also mean "constitutional failure", then a "suo-moto" application may be forwarded to the Registrar of CHS for "de-registration" of the society registration, citing the "illegal and invalid" activities and for violation of the "Rule of Law".

(e) If ignorant & nuisance GB resolutions have their whimsical ways in a Cooperative Housing Society, then one can also expect that the ignorant GB may pass resolutions for compulsory marriage between the members (as is a custom in some Indian culture) .OR. "compulsory sale" of flats in case the owner becomes a Widow. This is more so since some nefarious MC's and their cronies, are in a way, controlling the strings in a GB meeting.

SELLING OF SOCIETY LAND TO ECHS WITHOUT TAKING ALL MEMBERS ON BOARD

 

It is welcome step to assist in est of ECHS near by our society but it is also strongly recommended on rental basis to ECHS. However we can assist in acquiring land near our society which are left in between our area and road in which water well/tube well fitted.

Para 4(a) is agreed with market rate or maximum rate auth to hire bldg for ECHS.

Para 4(b) is NOT AGREED TO SOLD COMMON AMENITY AREA TO ECHS. Such type of decision have to be taken with at least more than 75% vote in writing by owners , not by Society appointee/committee . I am totally against for selling of land to ECHS when there is provision to take bldg on hire already exist.

ECHS should approach Pune Municipal Corporation for land which are given to them for community welfare, east of JAI JAWAN Bldg. Our common amenity area is meant for permanent source of income to run society smoothly by leasing to various shop or utility purposes on rental basis. NO OUTRIGHT SALE IS RECOMMENDED TO ANY ONE.

LIST OF OWNERS IN AWHO HADAPSAR PH-I

link to download

Ranks are not mentioned since all members are equal in Society and due to some of them are still serving

List of members in Phase- I 

2013-2014 : Annual General Body Meeting for 2013-2014 held on 11 Aug 2013

link for download

2013-2014 : Annual General Body Meeting for 2013-2014 held on 11 Aug 2013

AWHO UNDER RTI ACT

Lt. Col.(Retd.) R. Bansal Vs AWHO

"AWHO is public authority u/s 2(h) of the RTI Act. Hence, we direct the Director General, AWHO, to designate a CPIO and first Appellate Authority under the RTI Act with in 04 weeks of the receipt of this order. After assumption of office, the CPIO would respond to the RTI application in question as per law in 30 days time. The appellant reserves the right to appeal against the order of the CPIO under the provisions of section 19 of the RTI Act."

Order reserved and pronounced on 4 th July, 2013.

( Vijay Sharma )
Information Commissioner

link : AWHO UNDER RTI ACT : Detailed order

2012-2013 : First Annual General Body Meeting for 2012-2013 held on 03 Feb 2013 (After regd of Society)

link for download

2012-2013 : First Annual General Body Meeting for 2012-2013 held on 03 Feb 2013 (After regd of Society)

2012-2013 : Annual General Body Meeting for 2012-2013 held on 05 Aug 2012

link for download

2012-2013 : Annual General Body Meeting for 2012-2013 held on 05 Aug 2012

2011-2012 : Balance sheet

2011-2012 : Annual General Body Meeting for 2011-2012 held on 28 Aug 2011

link for download

2011-2012 : Annual General Body Meeting for 2011-2012 held on 28 Aug 2011

2010-2011 : Annual General Body Meeting for 2010-2011 held on 09 Jan 2011

link for download

2010-11 : Annual GBM held on 09 Jan 2011

AMENITIES AVAILABLE IN SOCIETY

READ UNDERLINED WITH RED COLOUR ?????? IS THIS TRUE !!!!

SOCIETY “NOT” THE OWNER OF FLAT

a) The Society does not own the members Flat (ownership property). The Society cannot have a say (whatsoever) nor decide on the type of Tenant that could be allowed to stay in the Society. It is the sole discretion of the Flat-Owner (member) to rent his property out on rent /lease, under the appropriate terms and conditions prescribed by the Law. ONLY the flat owner can decide the type of tenant he wants to rent out his premises, BUT within the parameters of Law (i.e. cannot rent out his premises for commercial or illegal activities and so on).

b) A Society has no legal jurisdiction to refuse residing rights to a Tenant, under any circumstances, especially in a flat owned by its member. This is a legal fact, decided in various orders by the High Court and the Supreme Court.

c) A Society cannot refuse a member from keeping a Tenant, even if the member is a defaulter or whatever. The maximum a Society can do is to inform the local Police Station, about any illegal activities being carried out in the members flat, by the Tenant or the Member. Nothing more. Even if the Flat-Owner (Member) has not taken permission from the Society for keeping a Tenant, in his own Flat, it will not amount to any illegality, nor can the Tenant be classified as a "Trespasser".

d) Some nefarious MC's have assumed the role of "investigating" the Tenants, by conducting interviews of the Tenants. Such interviews or assessment of the Tenants are illegal.

JURISDICTION OF A SOCIETY

A Society is concerned only with compliance of the Bye-Law norms, which means:

a) Prior permission of the Society vide Bye-Law form-Appendix no. 27.

b) Form-Appendix no. 11, along with cheque of Rs. 100/- as Nominal Membership entrance fees

c) Certified Photocopy of the Leave & License (L&L, Rent) Agreement, duly Stamped and Registered.

d) Police verification Report of the Tenant

Note: Even if the above Form no. 27 and Form 11, are not submitted to the Society, it does not "illegalize" the Tenant, nor does the Tenant become a "trespasser", as is hallucinating thought off by various ignorant MC's.

Subsequent to the above and /or irrespective of compliance of Form no. 27 and Form 11, the Society is liable and responsible to levy a FIXED "10% Non-Occupancy Charges", on the regular Society Service /Maintenance charges, in the society bill of its own registered member, but to the exclusion of Statutory charges (e.g. MUNICIPAL CORPORATION Property Tax, NA Tax, MUNICIPAL CORPORATION Water Charges).

APPROVED BYE LAW OF TUCKER AWHO SOCIETY

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APPROVED BYE LAW OF TUCKER AWHO SOCIETY