Your Housing Woes And Their Solutions

The Free Press Journal will carry every week a column that responds to your queries on housing problems and offers solutions. The first column is being carried in this edition on

Video Recording Meeting

Q: Can a member of housing society take photos or record video of any general body meeting without prior permission from the Managing CommiHee? A: As such, there is no rule, which prevents a registered member of a co-operative housing society (CHS) to do video recording or take photographs of General Body Meetings. Also a government circular dated 3 January 2009, for redevelopment procedure of the Society makes it compulsory to record video by the Managing Committee, as an additional evidence to prove what has transpired in the meeting,who and what was spoken by the concerned member in the meeting, this Act of recording video or taking photos is not inconsistent with the law, in my opinion.

Since the person recording video of the Society's meeting is registered member, I find there is no irregularity or illegalwork done by that member. When some vital points are missing in the circulated minutes of the Society meeting, such member has a proof in the form of video, giving a full fact of the meeting. Under any circumstances, this person recording video of the meeting cannot blackmail any other members or managing committee members with his video, under the law.

If you still feel offended by his act of recording video or taking photographs of the proceedings of the General Body Meeting of your Society, you may write a letter to the Deputy Registrar of Co-operative Societies of your ward, to get you the correct legal stand by the Managing Committee.

Repairing Leakage

Q: In my kitchen, there is a leakage and water is dripping from the flat above. Who has to bear the cost of repairs, me or the member residing above? A: Since leakage in your kitchen is due to water seepage from the flat above you, under the Bye-law No 68(b), the said member has to do

the leakage repairs, at his cost. Kindly write a letter to the Society's Secretary, requesting him to ask the owner of the flat above you,to do the necessary repairs of his kitchen, under Bye-law No.68(b), with the copy of your complaint letter to the concerned member. If no action is taken within 15 days of your complaint letter to the Society (and its copy to concerned member),then you can give both (Society and the member) a reminder complaint and state that, within 15 days of your reminder if the member does not carry out the necessary repairs to prevent leakage in your kitchen, then you will take up the matter with Co-operative Court, under Bye-law No. 174{B)(iii). After expiry of 15 days from reminder complaint, if no action is taken then, you can take up the complaint against the member to the Co-operative Court, by making your Society party to your complaint. Here, you may need the help of an advocate to present the case.

Clubhouse Charges

Q: We as members give paltry amounts like Rs 500 to Rs 1,000 to our society for using in-house clubhouse and for gettiing it cleaned or maintained after usage. How can we account for this? Can we show them as donations? A: What you have stated, if true, is not legal. Members of a CHS are mandated to share service charges equally for all the facilities owned by the Society. This includes clubhouse as well. Kindly check, Bye Laws nos. 67 to 70 of the Act and make sure that your Society follows it in practice as well. The money paid by members towards maintenance and service charges cannot be shown as donations. It needs to be accounted under the heads mentioned above.

Mutation Tax

Q: I went for mutation of a recently bought property in Tarkaswar Municipality in Wast Bengal. But without any reference to law, they are demanding tax of 4% ot the deed value. I am unable to verify this from West Bengal Municipality Act. It will be of great help to know if they have the power to levy such tax and at what rate. A: Kindly write a letter under Right to Information (RTI) Act, 2005 to Information Officer (10) of concerned department, which charges 4% tax, at Tarakeshwar Municipality (TM), asking him to provide copy where 4% tax is applicable on deed value of a flat in a CHS, for mutation.

Alternately, you write a complaint to Chief Officer (CO) or Municipal Commissioner (MC), as the case may be of TM, asking him to provide you the details of 4% municipal tax as applicable to mutation of your flat in a CHS. Wait for 15 days to get your reply. If you do not receive the reply, or receive an inappropriate reply, then write an RTIIetter to 10 of CO or MC of TM.