Your Housing Problems & Solutions
Associate member contesting elections
Q: I read in your recent article that an associate member can contest the Managing Committee elections with consent from first member/owner. Can an associate member become an Office Bearer— Secretary, Chairman, Treasurer, etc? If yes, then under which section of the bye-laws? Please advise, on the procedure to appoint Office Bearers in CHS and what their tenure would be.
A: Election of the Managing Committee (MC) of the co-operative housing society can be held as per the procedure laid down in Bye-law No. 115, sub-bye-laws Nos. (a) to (e). Under the supervision of Election Officer (EO), appointed by state co-operative election authority, under the Section 73-CB, the election is held.
Strength of the MC members depends on number of flats, including shops and godowns present in the society. The strength of the MC members will be 11/13/15/17/19, and the reservation is in accordance with table given under the Bye-law No. 114. An associate member of the flat can contest MC election and become office bearer like Chairman, Secretary and Treasurer, if he complies the bye-law no. 117(d). Tenure of the elected committee is five years as per bye-law no. 121.
Every new committee, under the Bye-law No. 125(a), will elect its office bearers. Under bye-law 125(b), the term of this office bearers will by for five year of the MC.
Society discriminating against tenants
Q: I have a two-bhk ownership flat in a CHS in Mumbai, but I do not stay in this flat. I am a senior citizen and as a means of income I want to give this flat on rent to bachelors or working women or students. The society has passed a resolution in
AGM that only families are allowed. Is this regulation legally tenable? Can I give this flat on rent to bachelors/spinsters/students in contravention to resolution. I am ready to submit police verification, NOC, etc., along with a proper registered lease rental agreement.
A: Against such irrelevant resolution passed by your society, make a complaint against your society to Deputy Registrar (DR) of Co-operative Societies of your area, under the Bye-Law No. 174(A)(xxii), to quash that resolution.
Even before making the complaint to the DR, you can rent your place to bachelors, working women or students as paying guests. This has to be done in compliance with requirements like sub-registrar registered paying guest agreement and police verification with each person.
By chance if society tries to put any undue constraints on your paying guests, then make complaint against the office bearers of the society to the nearest police station under the bye-law no. 174(E)(ii).
New rules on Property Tax
Q: The government of Maharashtra has waived property tax with effect from 1st January, 2022 for flats having an area 500 sq ft and less. My flat is 430 sq ft but the society continues to collect property tax. Managing committee is not listening to my complaints. How do I address this?
A: Go to Assistant Assessor and Collector's Office in your Municipal Ward Office, to confirm that on your flat there is no Property Tax from January 2022. With copy of that proof in hand, make a complaint against your society, to Deputy Registrar (DR) of
Co-operative Societies of your area, under the Bye-law No. 174(A)(xii), requesting DR, to write to your Housing Society, to refund the property tax collected from January, 2022.