Your Housing Problems & Solutions

Notice of AGM & Agenda

Q: For many years, our secretary has sent the notice informing of the meeting by just mentioning the date, time, place and agenda of the meeting. Is this correct? Should the society also not include items such as statement of accounts, auditor’s report, expenses report etc? Am I within my rights to refuse this notice if the documents are not enclosed ahead of time? Please advise.

A: The society will include items, such as statement of accounts, auditor’s report, expenses report, only with Notice and Agenda of Annual General Body Meeting (AGM).

If Notice of AGM is send without Statement of Accounts and audited balance sheet, then said Notice and Agenda of AGM is incomplete, and without them with the AGM notice, to be sent 14 days before AGM, Annual Accounts cannot be passed in the AGM, thereby invalidating the AGM.

In such a case, you can make a complaint against the Society to Deputy Registrar, under 174(A)(xvi).

Defaulting Chairman of a CHS

Q: If the chairman of the society has defaulted on his payment of maintenance what action can be taken? Can he continue to hold the post of chairman? Please let me enlighten on these two points.

A: If any Managing Committee member default themselves in paying society's dues, then under Bye-law No. 174(A)(xiii) make a complaint against such members (including office bearers like Chairman, Secretary and Treasurer) to Deputy Registrar (DR) of Co-operative Societies.

You have to be very persuasive in such complaints. After 15 days of your complaint, if no action is taken by DR, then to Public Information Officer (PIO) of DR, write a letter asking him to give you information on action taken by DR on your complaint to DR.

Leakage from Private Terrace

Q: There is leakage from a private terrace which is leaking down to a living room of another flat. This terrace does not come under society’s common area, it the member is not cooperating to get repairs done in his flat. Please advise how we can escalate the matter and get it resolved.

A: If a member is not co-operating to repair the terrace leak of his flat, then under Bye-law No. 174(D)(iv) make a complaint against that flat owner, to your Municipal Ward Office, by making your society party to that complaint.

You have to be very persuasive with your complaint, by making an RTI application to the Public Information Officer (PIO), after 15 days after making the complaint, asking the PIO to give you information on the action taken by the Ward Officer on your initial complaint.

If no action is taken by the Ward Officer on your complaint, then make a Lokshahi Din Complaint to Municipal Commissioner, for not taking action by Ward Officer on your complaint.

The Ward Officer will send notice to that flat owner and its copy to the Secretary of your Society, to get that leakage repaired, or Municipality will fine that member and the Society, and do the leakage repair work done by Municipality, out of the penalty collected. Municipality can go to the extent of cutting water supply to the Society, if no action is taken by that flat owner. Do a complaint as stated above and you will see the solution in action.

Delay in Transfer of Flat by Society

Q: I have purchased a flat in Thane in joint capacity along with my spouse. Transaction was completed in January 2020 and transfer documents were submitted to society in January 2020 itself along with Rs 50,000 as transfer fee (Rs 25,000 each by seller and purchaser). However, society has not yet initiated transfer, as according to them it needs to be placed in Society AGM and due to corona pandemic it is postponed till March 2021.

As per my understanding it can be done in managing committee meetings. I am staying in another city and hence am not able to visit this newly purchased flat. Please advise on the way forward. A: First, for charging an additional Rs 25,000 premium from you, when your seller has already given Rs 25,000 transfer fee, make a complaint against the Society to Deputy Registrar of Co-operative Societies and get the same refunded.

A transfer of flat has to be done by the Managing Committee (MC) in its monthly meeting, and it is to be informed to all other members in the AGM. If your MC has not approved your Membership, then under Bye-law No. 174(A)(iii) make another independent complaint to the Deputy Registrar (DR) of Co-operative Societies of your area.

Since you are staying in a different city, you can send both of your complaints together in a single envelope to the DR by registered post. Answers provided by experts of

Moneylife Foundation.