Your Housing Problems & Solutions
Redevelopment Issue
Q: Please send or guide the process format for re- development for society. A: :Under MCS Act 79(A), IGR Maharashtra has issued a circular dated 3 January 2009, giving detailed guidance to be followed for the redevelopment of the building of a Co-operative Housing Society (CHS).
In CHS's Bye-laws book of year 2014, in Bye-law No.175, which is exclusively for redevelopment of the CHS's building, in sub-Bye-law 175(a) it says, CHS should observe the directions of GR No. CHS 2007/M.No. 554/14-5, dated 03.01.2009.
If there is any violation in observing the directions as stated in that GR, then Building Proposal Department of BMC will not pass the plan and issue IOD, on the direction by Deputy Registrar, for violation of the procedure as stated in above GR. For passing the selection of the builder for the redevelopment of the CHS's building, in SGM of the society, inviting the officer appointed by Deputy Registrar and to have a video shooting is compulsory. This GR is taken under the Maharashtra Co-operative Society's Act, 1960 (MCS), Section 79A. MCS Act, Section 79A states that if there is any difficulties faced by CHS in its smooth running, then Government may issue an order or GR for its smooth running. Above GR is about eight pages, you can get the copy of GR downloaded from www.igrmaharashtra.gov.in
A printed version of this GR you can get it for price, from Mumbai District Co-operative Housing Federation, Vikas Building, 1st Floor, 11, N.G.N. Vaidya Marg, Fort, Mumbai-400089. Tel 022-2266 0068 (Timings 11 am to 5pm), Monday to Friday and First, Third and Fifth Saturdays).
Audit Trouble
Q: In our housing society out going managing committee got the accounts audited by a panel auditor and submitted report to the Deputy Registrar. The incoming managing committee after taking charge again appointed another auditor to re-audit the account with same auditor who audited society accounts about 20 years back. It seems there is some mischief in appointing the same auditor who had done the job under the same Chairman previously. Whether his appointment is valid for re-audit of the accounts. What is the rule for appointment of auditor for re-audit. A: Under Bye-law No. 95(f), Society should appoint an auditor in its Annual General Body Meeting (AGM) from the panel of auditors approved by Co-operative Department, list of which is available from Deputy Registrar's Office or on site www.igrmaharashtra.gov.in. After three years, auditor has to be changed. Since previous committee has done an audit from an approved panel auditor and audited report is submitted to the Deputy Registrar, then new committee cannot do re-audit of such audit, since that audit report is approved in the AGM of the CHS and is submitted to the Deputy Registrar.
There is some confusion in asking the question, kindly come to Moneylife foundation on Tuesday, between 4pm and 7pm, at its Office near Shivaji Park Dadar west, Mumbai-400028, after you fix your appointment on 022-4920 5000 also on Tuesday, from 11am to 3pm.
Second Buyer
Q: I have bought a flat in May 1994, at Malad from the first owner after paying the stamp duty and registration charges. Since I was not aware of the procedures and was busy in managing funds to buy the flat, I did not bother to check in details the agreement between the first owner and the builder. The Society has admitted me as a member and issued me share certificate in my name. I would like to know whether not having the earlier agreement or document will pose any problem in the future and if yes, then what is the remedy? A: Since your agreement (with the seller of the flat to you) is registered and Society has issued you the share certificate in your name, you are a safe person and confirmed owner of your flat. You do not have to worry about any ownership issue of your flat.
Treasurer not given charge
Q: The Managing Committee had appointed a new treasurer but never gave him the charge even after one year for reasons best known to them. Now recently they have taken him as the treasurer but have not informed the bank about the same and he has not been given the power to sign cheque. A: Under new bye-laws of the Society, which have come into force from February 2014, the Managing Committee cannot appoint any of its office bearers. It is the Election Officer, appointed by Deputy Registrar, by the order from State Co-operative Election Commissioner, who conducts the Election. Within 30 days of assuming the office, each office bearer should take up his task.If allotted task is not given by the Society, within one month of appointment, then such an office bearer can make a Complaint to Deputy Registrar to give him duty, for the post for which he is appointed.
Transfer Charges
Q: What are the transfer charges to be paid to the society at the time of selling the flat? A: A seller or buyer or both, may be asked to make payment of transfer charges of the flat. It is 2.5 per cent of the value of the sale deed, but subject to maximum Rs 25,000. If the Society asks more transfer charges, then buyer of the flat can make Complaint against the Society to Deputy Registrar of Co-operative Societies, under the bye-law no. 174 (A) (vi). Answers Provided by Experts of Moneylife Foundation