Your Housing Problems & Solutions

Society Election

Q: The present Managing Committee makes changes as per their whim. For example, office bearers have remained in their position for the last three terms. When questioned during the AGM, there was no response and lousy excuses were given that no eligible members are coming forward. I believe the office bearers particularly the Secretary is playing politics to create a situation where no would contest.

I have a doubt whether they have submitted the indemnity bond during their earlier term. Is it necessary and how would I find out? Furthermore, I want to know whether after every election they submit a list of office bearers and committee members. How do I find out?

There are a number of remarks from the auditors on the balance sheet and statement of accounts every year, but no action has been taken despite points being raised in AGM. There have been no monthly meetings regarding approval of payment/receipts and no meetings are conducted as per the bye-laws.

The contract awarded to painting and crack filling of the building, construction of underground water tanker are not as said norms and no proper file/statement of accounts is maintained. How do I get clarification for all the above points and to whom I should approach? A: If election of your Co-operative Housing Society (CHS) has taken place after February 2014, then such election has to take place under a Co-operative Election Commissioner appointed Election Officer. If your CHS's election has taken place earlier to February 2014, then with CHS's own Election Officer CHS's election should have taken place. Soon after the election, elected representatives in its first meeting, within eight days of the election results are declared, they have to elect among themselves, Chairman, Secretary and Treasurer.

Then, elected Committee of the CHS has to write a letter to the concerned Deputy Registrar within eight days of choosing the office bearers, the committee of the CHS, name of the elected representatives and their designation.

Now elected representatives need not give indemnity bond, as was prevailing some five years ago. A person can contest the CHS election any number of times, and can remain as a Secretary, Chairman or Treasurer for any number of years. In the balance sheet of the CHS, if you find the auditor's remark, which is not rectified by the Society, then under Bye-law No.174 (A)(xvi), you can make complaint against the Management of the CHS to Deputy Registrar of your area.

For several defects that you have pointed out against the Managing Committee, for each defect, you make a separate complaint, against your CHS to Deputy Registrar of your area, under various sections of Bye-law No. 174(A)(i) to (xxiv). For various contracts awarded by

the CHS for various works of your CHS, you can make complaint to Co-operative Court, under Bye-law No. 174(B)(i) to (x).

Member admission

Q: CHS Chairman & Secretary are not accepting registered gift deed and admission of membership. They even refused NOC application of gifting property by process of grandparent giving flat to granddaughter. Kindly advise course of action available to granddaughter, who is not a minor. A: If your Society refuses NOC to its member to make a gift deed to its granddaughter or not accepting associate membership application of the person to whom part of the flat is gifted by its owner, then under Bye-law No. 172 you make a complaint addressed to Chairman or Secretary of the Society, asking them to give NOC or accept Associate Membership form, as stated above or you will write a complaint against the Society to Deputy Registrar, under the Bye-law No. 174(A)(iii). On receipt of your complaint letter in this respect, Deputy Registrar will order your Society to do your needful work and copy of such a letter will be sent to you.