Your Housing Problems & Solutions
Non-resident member Q: Can a member, who has given his flat on rent and is not staying in the Society, become Managing Committee member?
A: If person has given his flat on rent, and wants to continue as its CHS's Committee Member, then he/she can do so, provided they are available to attend CHS's Managing Committee (MC) Meetings and can do CHS's MC works. If they stay very far away and cannot easily be available for such works, then he/she cannot stand as MC member. Then any member of the CHS can complaint against such MC Member to your Deputy Registrar.
Nominee as MC member
Q: After the death of a member of the Society, by virtue of nomination his legal heirs (wife and son) became the joint holders of the property in the Society. The name of his wife stands first in the share certificate, while the son's name stands second. His son contested in the election and got elected. I wanted to know whether he can be appointed as Secretary on the Committee and has right to vote in the Committee meetings? A: If the nominee of the deceased member’s name appears second in the Share Certificate and he contests in the election, then he can get elected in the CHS’s Committee, provided the first named person renounces her right to vote and contest in the election. She would have to do so by filling the form given in Appendix-10-A of the New Bye-laws Book of the year, 2014. If she has not given that form, then get it now, backdated prior to the voter's list of your CHS is formed. Such elected person is eligible for any post in MC of your CHS.
Proxy for Meeting
Q: A senior citizen of the society cannot attend the AGM and has authorised his son and sometimes his daughterin-law through a simple letter to MC to attend the meeting. The secretary and chairman did allow one of them on each occasion. Is this ok or if not what is the remedy available to the member? A: Under new byelaws of year 2014, to attend General Body Meeting (GBM), (GBM) by a person in place of original member, his relatives should have some share (minimum 10 per cent) in owner's flat. Such person owning the share in flat's value, should be an Associate Member by filling form, as in Appendix-5. If the owner of the flat does not want to attend the GBM or vote, then he should give Society a form as in Appendix-10-A, relinquishing his right to attend the meeting and vote and contest the MC elections. Only such members can attend GBM.
In order to allow more such people to attend GBM of the CHS, Government of Maharashtra has given concession in Stamp Duty and Registration Charges in doing Gift Deed of a residential flat. If Gift Deed is made, gifting part of the flat to wife by husband and vice versa, by parent/s to their children, or to their Grand Children, or widow of a son, then stamp duty is Rs 200 and registration charges is also Rs 200. Therefore, just to make sure that his son and daughter in law, both become eligible to attend the meeting, he should give 20 per cent of the value of his flat by a Gift Deed to his son. After one year of father's Gift Deed to son, he can make his gift deed of his 50 per cent share, that is, net 10 per cent value of father's share to his wife, thereby he will save on stamp duty and registration charges on his Gift Deed with his wife.
As soon as son gets gift from his father, he can become associate member to his father's flat and after his father relinquishes his right, he can attend the meeting. Such relinquishing of right, father can also do in favour of his daughter-in-law, when she becomes partial owner of her father-in-law's flat, by her husband's gift deed to her. In that case, father's right relinquished to his son will get cancelled and daughter in law will get right to attend the GBM and vote.