Your Housing Problems & Solutions
Leakage in Flat After Redevelopment
Q: My society was redeveloped 6-7 years ago and there was leakage in my flat during the initial 5 years guarantee period. I wanted to know, who is supposed to bear the cost of leakage? Will it be the Builder since it's in guarantee period, or the Society since they are asking maintenance, or will it have to be carried out by myself? I have not paid maintenance for some months, because of this issue. Will the society charge interest on the same? A: Structural Guarantee for the newly constructed building is given by the builder. Society has to ask the builder to do repairs of your flat free of charge, during this guarantee period. If the builder is not doing free of charge repairs for its leakage in your flat during the guarantee period, then you write a complaint letter to the builder, to repair the leakage. In the letter, state that you will go to Consumer Court if repair works are not done within one month of your complaint to the builder. Consumer court is located in District Collector's Office, where you can make a complaint against the builder. In consumer court, the officer will explain to you how to present the complaint. You do not have to hire the services of an advocate in consumer court. Let me inform you that you cannot default on your society's dues, for leakage in your flat. Even your complaint against society will not be received in any court if you are a defaulter in society's dues.
Adding Wife’s Name to Share Certificate
Q: While talking to our chairman about adding my wife's name to the share certificate, he raised one new point and that is, whether I had taken a loan from the bank. If so, there will be only one name in the share certificate and we could not add my wife's name to the certificate.
I did take a loan from the bank and it has been also been cleared a long time ago. Please advise whether the chairman’s advice is correct.
A: Show the bank's loan clearance certificate to the society, which is clear proof that there is no loan against your flat.
Even this question is foolish, as society's NOC is needed to take the loan, a copy of NOC given to the financing institution is kept in your file with the Society, along with Bank's lien letter. Therefore, ask society, whether any lien on your flat exists in your file with the society. If it is not existing, then you have not taken any loan. Still, if your society takes objection in adding your wife's name in your share certificate (by your Gift Deed with your wife), then make a complaint against the society to the Deputy Registrar of Co-operative Societies of your area, under Bye-law No. 174(A)(xxii).
Treasurer’s Duties in a Society
Q: What are the defined works/duties of the Treasurer of Hsg. Society as per model bye-laws? Can he/she interfere with the duties of Chairman/Secretary or function arbitrarily without following proper rules? How does one go about in stopping this?
A: A treasurer of the society will do only money and accounts related work as stated under several Byelaws of the Society.The treasurer is on a lower post than Chairman and Secretary, who on his own cannot interfere with his superior office bearer’s work. Society's Chairman's work is well defined under Bye-Law No. 139 and that of Secretary is defined under Bye-Law No. 140.
If Treasurer is interfering in Chairman and Secretary's work, that means they allow Treasurer to interfere in their works, for which you have to make a complaint to Deputy Registrar of Co-operative Societies, against Chairman and Secretary, and not Treasurer, who is at lower post than them, for allowing Treasurer to do their work.
Quorum for AGM In Society
Q: In an earlier published edition of these Q&As dated 22.02.21, a question was answered and a reference was made to the appropriate quorum for an AGM. The reply given stated that the quorum for an AGM in a CHS needs to be at 20% of the total members. However, as per my understanding, it should rather be two-thirds of the number of members. Please advise which is the correct ratio that needs to present for a quorum.
A: Bye Law No. 100 (of the year 2014) states the Quorum of the General Body Meeting. It says that the quorum for every General Body Meeting of the Society shall be 2/3rd (67%, and not 20%) of the total number of Members of the Society or 20, whichever is less. In short, the minimum attendance for a full quorum of any big society is just 20 members (including office bearers). If the members of the society are less than 30, then even we can expect less than 20 members as the quorum, to make 2/3rd of total members.