Housing Society Issues and solutions

FAQ

Question. If 1/3  majority not attending the AGM, So committee can wait for more 30-45 minutes for members and after that can start the scheduled AGM which given 15 days notice too?
Ans. Yes, can start. 

Question. For taking action against the defaulter 101 notice, does it require GENERAL Body Meeting or just a committee meeting is ok?
Ans. The committee meeting resolution is ok.

Question. If a member of the society has nominated their own family member to attend AGM is it authentically correct?
Ans. Yes, He/She from his family can attend the AGM with written consent from the Owner. Or Joint member or associate member also can attend the AGM.

Question. If in AGM it will be passed to take fine who will not attend the AGM is it correct?
Ans. Yes, as per my opinion. MC can some study and ready to reply if any member asks, there are mentioned in bye-laws Composition of the Charges of the Society Bye-law 65 (all charges) one is any other charges under which can take.

Question. Is there any rule according to bye-law can Secretary move out of India for his official work for more than 1-6 months?
Ans. There is nothing mentioned in the bye-law that can prevent any office-bearer from staying away from society for a longer period of time, If Secretary is away then Chairman should take over the Secretary's responsibilities on basis of mutual consent.
However, bye-law 118 says that committee members automatically disqualified if he/she remains absent for 3 consecutive managing committee meetings. So if the committee thinking society work is affecting can remove the members if he/she absent continue 3 MCM.

Question. If a flat is owned jointly by husband and wife and during the filling up nomination form, what is the procedure to fill the nomination, the wife should be co-owner or declared as the first nominee, because both names are already written in the owner's column?
 
Ans. If their names are written on the sale agreement as well as on the share certificate then they are joint owners and each one can file a separate nomination and nominate anybody they want.

Question. What is share capital in housing society? how to know our society share capital? What is Authorized share capital?
Ans. Share capital, funds created out of profits, and money raised by borrowing or by any other means. Generally collected by builder Rs 500 per member and deposited by the builder in The Maharashtra Co-Operative bank. This amount is share capital also Rs 100 for membership it also collected by the builder and deposited at the same bank. You can check your share capital amount which is mentioned in your society bye-laws book bye-law No 8.

Question. Dear Sir, I have the following query please help with this

1. I stay in premises where the Building got CC in 2014 & society got registered & formed in April 2017, but without any conveyance deed done to date.
2. I purchased a flat from the builder directly in Sept 2018 along with builder now as conveyance wasn't done bank accepted & passed loan as well.
3. My agreement with the builder got executed in Sept 2018 & I got possession by the end Oct 2018
4. I started paying regularly maintenance from Sept 2018 to society to date, in between, I came to know about a dispute between the builder & society for which maintenance is due from April 2017 to Aug 2018 (property unsold period by builder) The builder hasn't paid it to date & society is asking me to push builder or else later I will have to clear dues along with interest.

My question is as I wasn't the owner of the property prior to Sept 2018 as per the agreement, how am I liable to pay dues for someone's else when logically I
wasn't a member during the period & how are they linking it with me?

Due to maintenance is pending on my flat prior to my occupation period, they ask me to push the builder to pay whose representative when I follow up they 
say we will talk with society but it's been 1.5yrs no outcome came, currently society is saying if this isn't settled I have to make payment along 
with accumulated interest for which society office isn't allowing me any kind of NOC or assistance till dues are cleared.

Please suggest & advise me how to go about it as I am in a fix in spite of paying regular maintenance, I am been treated as if I am a defaulter & 
they say we will be issuing 3 notices to pay if still unsettled we will take action, this logic applies to all 18flats who got sold after society
got registered in 2017.

Answer. First of all, if society had been formed you should check either builder or society for any dues for the particular flat. Anyway, many first buyers do this mistake because we do not know these things, you need to write a written application to society for this issue, and once you got a reply from society (in written ) than again you have to write a letter to the builder and attached society reply with this. and follow to the builder to pay previous dues if builder not ready to pay then consult any Advocate for legal action.

Question: What are non-occupancy charges and how to calculate it as per bye-laws?
Answer:non-occupancy charges levied by society should not be more than 10 percent of the service charges as per bye-laws.Society can charge only FIXED 10% extra charges for rented flats owners. Society can not charges beyond or over 10%  as "Non-Occupancy Charges".

For example, if the service charges in the monthly bill are Rs 1500 then non-occupancy charges would be Rs 150 
(10% of Rs 1500) per month.

Question: What is a succession certificate or How to get a succession certificate?
Answer: If the property owner demises without Will or Nominee, In the absence of a Will or nominee, the legal heirs of the deceased would have to submit several documents to banks, financial institutions, insurance companies, etc, to get assets transferred in their name. Legal heirs would need to obtain a succession certificate/letter of administration from the court. It is a document that gives authority to the person who obtains it, to represent the estate of the deceased, to collect the assets, and distribute it to all legal heirs as per the laws of succession. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names.
A person requiring the succession certificate needs to file an application with the district court or high court within whose jurisdiction the asset is located. The name and relationship of the person obtaining this certificate, names of all legal heirs, details about the date and place of death, details of the assets to be transferred should be mentioned in the application. A copy of the death certificate has to be attached. The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one contests the petition, then on the expiry of this period, the court passes an order for the issuance of a succession certificate. For more detail, How to get a succession certificate

Question: What action can be taken if society's office bearers are not paying the maintenance charge for a long time?
Answer: All members in society are equal so like other members send them to notice to pay, however, he/she not paying they can not be in the committee complaint to the registrar and pass a resolution in MCM to remove him from the committee. Eligibility for Committee Member Bye - Law 116

Question: What if a member has given cheque for maintenance and bounce?
Answer: Society can charge interest on late payment as well as cheque bounce charge whichever bank has taken ( check society bank passbook/statement), charges that amount to members.


Question: If a single member owns multiple flats, can he make separate nominations for different flats which he owns?
Answer: Yes, the Nomination form consists of a particular flat only, so he can fill different nomination forms for different flats.

Question: How to create a housing society mail id for communication to all members?
Answer: It's a very basic question which I got a query on my WhatsApp, so replying here to see by all. So here is my suggestion suppose your society name apex CHS then create email like chairman.apexchs@gmail.com, secreatary.apexchs@gmail.com, tresurer.apexchs@gmail.com, helpdesk.apexchs@gmail.com.

Question: Is it compulsory to have a society bank account in a co-operative bank?
Answer: Yes, one account is Maharashtra district cooperative bank/district the cooperative bank is compulsory where society share capital amount will be deposited, another account managing for day to day activity can be open in any nationalized bank.

Question: I am chairman of the society, one flat owner expired left his wife and 2 kids, her wife does not have a marriage certificate. She has only PAN and Adhar can society transfer the share to her?
Answer: If nomination filed by a diseased member, then ask her to apply for membership to transfer of shares, and if the nomination is not filed then provide an heirship/succession certificate by the court. Society can ask for a death certificate/Pension Card and other govt identification papers also for verification.
Society can not transfer flat on the basis of PAN and Adhar card. Please check the following Bye-law in both cases :


Question: Is there any guideline issued for AGM 2021? Should we need to take permission from Dy Registrar?
Answer: No, you do not go to Dy Registrar of Societies, for seeking permission to arrange the AGM. However, prior permissions from the local Police station and Local Authority (MCGM) would be required. Moreover, the guidelines prescribed from time to time, by the Government Of India and Govt of Maharashtra need to follow, like wearing a mask, social distancing, etc. 

For conducting the election
The holding of the election for housing society, having members up to 250, the Government is yet to publish rules for the same which is holding for long. Unless and until these rules have been published, elections of such Societies having members up to 250, can't be held and till then the Existing Committee will have to continue.

Question: For a resale flat, is there a provision of two NOCs (no objection certificate) from society to a member who is selling his flat? One for No dues NOC and the second one is Bank NOC (NOC issued to purchaser for bank loan process in bank letter format).
Answer: If a member is selling his flat and request for NOC ( no objection certificate) for no dues then the committee should be given within 30 days from the request letter, the committee needs to check a particular flat has no any dues/outstanding and also check member has paid the transfer premium, once the NOC is given, you cannot go back and the member will not pay later. Bank NOC (In bank format) can also be given if members request it, as per format by Co-operation Department, to safeguard Society's interest. Download flat transfer documents checklist here


Question: Members can check accounts/bank book/cash book before AGM?
Answer: Yes, as per bye-law a member can inspect Society’s record/documents Bye-Law 23, it members right any member can check any documents, account-related things anytime. Member should intimate to same the committee and committee should provide the details to members.

Question: One member of our society passed away tragically. His flat was in his name only. Now, what is the procedure to transfer his flat to his wife or child? Please guide us.
Answer: Where a Member of the Society dies without making a nomination, or no nominee comes forward for transfer, the Society shall invite within six months from the information of his death, claims or objections to the proposed transfer of Shares and interest of the deceased Member, in the capital/property of the Society, by public notice, in the prescribed form, exhibited on the notice board of the Society. It shall also publish such notice in at least two local newspapers, having wide circulation. Read More & Download forms for Nomination

Question: Can a housing society member be employed as the society manager?
Answer: Actually, there is no law that prevents it. Such situations are called conflict of interest situations.
We will suggest no society should be to give society manager job to society members or any other post on a salary basis. Society should hire a professional society manager who should have knowledge about bye-law and legal matters related to society so society will get a good suggestion from the manager and comply with all compliance as per bye-law.
Even many societies give this job to his society member even they don't have any knowledge about society rules and regulation act. However, he will do him all job or not committee cant scold him as he is your society members, even if a manager from your society member so he can do some partiality in members also so always suggest hire from outside. 

Question: How to get duplicate share certificate from housing society?or how to Issuing a duplicate Share Certificate? or How to get a duplicate share certificate of a housing society?
Answer: Getting a duplicate share certificate is not an easy process, you need to go to society’s office and getting a duplicate copy on the same day, but there are some steps which you need to complete.  If your share certificate is lost, misplaced, or destroyed or, you can request a housing society committee to provide a duplicate share certificate. Read More...


Question: As per the bye-law of society how many core members should be there in a society of 55 flat owner?
Answer : 
11 Members in Committee
6 General Category
2 Ladies
1 SC/ST
1 VJ/NT/SBC
1 OBC

Question: Can the audit of the last four years be done this year when the names of the committee members are not fixed or the committee does not exist?
Answer: Answer yes...after a society registration is done society needs to do an audit every year. But the question is without a committee who was collecting the maintenance charge and managing the society day to day activities. Who were authorized persons to operate bank accounts?

Question: Our committee is the newly elected Provisional Managing Committee in Jan 2021. Now one of the committee members wants to resign, can he resign?
Answer: Office Bearers can resign anytime with a valid reason, and vacancy should be filled with co-opting another member.


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4 comments:

  1. Sir, who decide authorised share capital & from where should i find that details.

    ReplyDelete
    Replies
    1. This is reference url where have wrote from Bye - laws
      https://www.kclsocietyservices.online/2018/09/authorized-share-capital.html

      Same Bye - Law no. you can see in your society Bye - Law book ,authorized share capital can be depend of no. of members in society .

      Delete
  2. Sir, Who decide authorised share capital of housing society ? if this is not mentioned in any documents then what amount society should take towards authorised capital.

    ReplyDelete
  3. You can check your bye -law where share capital amount is mentioned, share capital amount generally Rs 500 per member and it is collected by builder already and deposit in State co-operative bank by promotors while registration of society.

    ReplyDelete