Legal Queries

managing committee 12   Election 9   Maintenance Charges 5   Parking 4   MC Election 3   letter 3   AGM 3   Voting 3   Builder 3   Repair 2   Society Handover 2   Nomination 2   complaint 2   Flat Transfer 1   Maintenance 1   Redevelopment 1  
  • The society in which I am staying is charging Car Parking Charges from only those members who have not purchase car parking area from builder and are parking car in open parking area. There are no car parking charges levied on the members who have purchase the car parking area from builder. The argument is the members have paid lacs of rupees to purchase car parking from the builder and hence there should not be car parking charges from them. This is not correct in my opinion. There are monthly expenses on car parking area for example property tax, electricity charges, water charges, sweeper charges, etc which is paid from the common society bank account in which all members pay their maintenance bills equally (per square feet) irrespective of whether he owns the car parking space from builder or not
    Tags: Parking
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  • No reply to my written letters to the society for the past 3 months. What should be the further procedure to avail reply to my letters?
    Tags: complaint, letter, managing committee
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  • I am residing at Society comes in Nallasopara west, the society has 230 member and completed 1 year after registration and now society has conducted AGM for Election of Committee member and society has not conducted meeting as per new procedure of Maharashtra Co-op Housing society Act amended in feb 2013. Society has not invite registrar of Housing society for meeting and society has not publish voter list and not publish any notice releated nomination form and society has done his election process without registrar, so i want to know this type of election is right or null and void
    Tags: managing committee, Election, Voting
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  • can associate member contest society managing committee elections and hold the highest post in 2017 ? is it necessary for contesting managing committee elections, associate member has to be confirmed by the general body and in the annual general body meeting.
    Tags: managing committee, Election
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  • SIR, I am a member of co op hg soc.in Kandivali west . Due dispute with some member Secretary resigned from post 3 months back. New one was selected from managing committee without any election. Unfortunately the new one passed away this month, so again there is vacancy for secretary post. Now the old one who resigned from secretary post want to become secretary again and he has got support of managing commitee members, My question is can he became secretary again withing 3 months of his resignation? He is not efficient secretary and was not able to take care of society matter properly so some members told him to resigned that time. Kindly advise, Thanking you
    Tags: managing committee, Election
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  • Dear Sir Ours is the society of 30 members. Recently election is declared by election authority. Now we have two members of earlier committee which were disqualified under 73 CA and 78a but they were allowed to vote by Registrar. They can not contest election for 5 years. Also we have two defaulters , we have send them notices but have not taken action under 101 so registrar allowed them to vote and contest. One defaulter has not paid single rupee since beginning. What action can be taken.? Registrar supported them saying the case is pending for judgement in my court so defaulters can do anything. Do we have to inform to SCEA about this gross irregularity. To one member we have sent notices by post three times to settle his dues.
    Tags: managing committee, Election, Maintenance Charges
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  • Our Society had elections in 2012 for 5-year term though we were still using the 2004 Bye-Laws. 5 members were elected on 9 June 2012 & they decided among themselves on the Chairman, Hon Secretary and Hon Treasurer. On 4 August 2013, the elected Chairman resigned stating he had no time & had lost interest in Society affairs.In his place, a lady member was co-opted. Another one of the remaining 4 was appointed as Chairman. On 1 July 2014, the new Chairman resigned as he was transferred out of Mumbai. In his place,another one of the original 5 was appointed as Acting Chairman But On 28 Sept 2014 on the completion of the AGM (which was very heated as the Accounts had not been audited; there were members dissatisfied with the way the Society was being run and also there were many mistakes in the Unaudited Accounts circulated) this Acting Chairman also resigned. There being just 2 of the original 5 elected members (and 1 co-opted member)left; they decided to co-opt one more member but nobody was prepared to be the Chairman. At the 2015 AGM too, held on 29 Sept 2015, once again the Audited Accounts were not presented to the members so Audited Accounts for 2013/14 and 2014/15 were carried forward for a Special GB meeting. This was held on 3 April 2016 where some members protested that the previous 2 years Accounts had to be passed only after getting written authorization from the Registrar. Others said that it could only be passed at an AGM. So they were left. In the meantime due to the shoddy state of affairs, there was an uproar at the meeting and the entire MC (2 elected and 2 co-opted) resigned and demanded elections. Wiser counsel prevailed and 2 more concerned members were co-opted onto the MC to help the 4 put things back on track. At the AGM of Sept 2016, there were hardly any members present for the meeting, so they passed all 3 years Audited Accounts and other matters too without any reference to the Registrar. I seek your advice whether the MC were properly functioning without the involvement of the SCEA from early 2014 in terms of Election Rules or in terms of the Amended Act 2013. Can you help us ; I am a senior citizen of 74 years but a very concerned member. Capt E Sylva (Retd)
    Tags: managing committee, MC Election, Nomination
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  • Dear Sir There is one flat on our ground floor which is originally G-1 416 sq feet as per society records, But some fraud document was registered by builders friends and sold it as A-1 650 sq feet area through standard chartered bank loan. same flat was sold to xyz with G-1 as flat number and agreement was registered. Now the matter is in DRAT court and court has put Status quo on any transaction of this flat and given order not to create any third party interest. Now the auction purchaser have got memebership of the flat by paying bribe to registrar office. Now when stay is there he wants to vote in elections where society is objecting presence of his flat A-1 in society. This is his attempt to establish ownership. We have strictly said not to alter his flat number from G-1 to A-1. and when registrar asked us to include his name we mentioned G-1 against his name. what can be done to stop his voting right as his ownership is still not established.
    Tags: Maintenance, Repair
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  • What steps needs to be followed for transfer of flat in case of death in following scenarios: 1.The flat was in joint name - On death of 1st name holder, can flat be transferred in name of 2nd name holder? If yes, what forms needs to be filled? If no, what steps should be followed? 2. Both the owners have died and no nomination exsist. He has one son and daughter. Son has applied for transfer in his name. Daughter is ready to give NOC. What steps needs to be followed? Many Thanks
    Tags: Nomination, Flat Transfer
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  • Sir, Our society is of 301 flats. We have just finished election in Sep 2016 and have first elected body after provisional committee. Wanted to know the present chairman and secretary are stepping down due to personal and proffesional work and ready to work as committee member. So can we have new members and what is the process for same.
    Tags: managing committee, MC Election
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