Your Housing Problems & Solutions
Notice of General Body Meeting
Q: When the notice of the general body meeting of the society is served, what are the documents which must be enclosed along with the notice? Such as auditors report, annual report, balance sheet etc.
A: AGM Notice should be given at least 15 days before AGM date. Agenda of AGM should contain,
following three important points: (1) Passing of Society's balance sheet of last financial year (which will be attached to AGM Notice).
(2) Appointment of Auditor for the
next financial year.
(3) Approval of new members, admitted in the last financial year, either due to sale, or gift or by the nomination of the flat. Along with the AGM Notice, Society's Balance Sheet with auditor's remarks should be attached. If there are any irregularities in the AGM notice, (as stated above), then against Managing Committee of the Society, under Bye-law No. 174(A)(xxii), a complaint be lodged by any member of the Society, to Deputy Registrar of Co-operative Societies of your area.
Co-opted Members in Society
Q: My Society co-opted two members in MC in June or July 2019. One of them resigned in August 2019. Now one of the MC members is claiming that since their co-option was not informed to Registrar, their co-option stands null and void. Please advise if his appointment stands null and void. As CHS has never prepared and never informed Deputy Registrar, regarding non active members and has not sent any notice to any member, how do we correct this? A: Co-option of Members is only prior approval of Deputy Registrar of Co-operative Societies. Therefore, both co-opted Members are not a valid members.
If elected member's committee has less than half the period that is 29 or less than 29 months, then only with Deputy Registrar's approval
co-opted of members, till the term of elected member ends it is given. If term is for 30 or more months, then Deputy Registrar will call for By-election of the society for all vacant posts. Members list into Active and Non-Active member is to be made, only if there is election to the society, including co-option of the members. Non-Active members are neither voters nor they contest society's election, even for co-opted post.
Merging Two Neighbouring Flats
Q: One of the members in our CHS, who is relative of the Chairman, has purchased two flats next to each other and demolished the walls, merging the 2 flats and made other alterations. Do they need any approval from MC for this or do they need an approval from BMC for this? Please also advise, whether there any penalties if they have done this, without BMC approval. Will their monthly outgo (property tax and maintenance) go up? I understand that maintenance goes up 5 times because of luxury tax being implemented? How should the same be taken with the authorities and where should one write? A: Any structural changes in a flat, either within same flat, or between adjoining two flats, has to be made with the permission of the Society's Managing Committee, and with the approval of the the BMC's Building Proposal Department, through a BMC Approved Architect.
After flat owner gets approval to demolish the wall between two flats, both flats should belong to same person or family members of same persons, and both flat owners should apply to the society
stating that two flats will be made into one flat, by appointing a BMC approved Architect to do the structural changes, and get those structural changes be shown in the approved building plan of your society's building, all works at flat owner's cost.
With approved building plan, when two flats are converted into one big flat, flat owners of this joint flat, will apply to the property tax department of BMC ward office, and get property tax in one big flat's name in place of two flats name.
Once this is done, then one of the two share certificate of two flat will be cancelled, and one share certificate will be made in the name of those two flat owners and society's bill will be for one big flat, in place of two flats. These are the steps to be done, if not followed, then first write a letter to the Managing Committee of your Society, to follow above steps, and to regularise the merger of two flats into one flat.
If society takes no action against the flat owners, then under the Byelaw No. 174(A)(xxii), make a complaint against the flat owners to Deputy Registrar of Co-operative Societies of your area, regarding the default by the members, and society's inaction against the defaulters to make two flats into one flat, by doing structural changes of the building. Simultaneously make a complaint to local Municipal Ward Office, against such members under ByeLaw No. 174(D)(i), by making society party to your complaint. At both the places you have to do lot of follow up by writing a reminder complaint and RTI letter to respective Officer's Information Officer.
You may have to take up your complaint to Lokshahi Din complain redressal, to District Collector against Deputy Registrar of Cooperative Societies, and to Municipal Commissioner, against BMC Ward Officer. Answers provided by experts of Moneylife Foundation.