Hi Friends,
In this you find the Housing Society Bye-Laws , Society member problem and other Housing Society related problem. You can also post your problem and i can give you answer.
I also under take following work releated to Co-operative Housing Society
1. Registration of society in Mumbai & Thane Dist. [upto handover from CP to SOCIETY and cunduct 1st meeting]
2. Society Sectrial/ Management Service [in Thane & Mumbai]
for charges plz call me
Amit Visariya
Cell - 9321230595
Email visariya007@gmail.com
In this you find the Housing Society Bye-Laws , Society member problem and other Housing Society related problem. You can also post your problem and i can give you answer.
I also under take following work releated to Co-operative Housing Society
1. Registration of society in Mumbai & Thane Dist. [upto handover from CP to SOCIETY and cunduct 1st meeting]
2. Society Sectrial/ Management Service [in Thane & Mumbai]
for charges plz call me
Amit Visariya
Cell - 9321230595
Email visariya007@gmail.com
Ours is a Society of 224 members.As per bye law, we can have a maximum of 9 members in the M Committee.I would like to know if this can be increased to 11 by approaching the Registrar.If yes, what procedures are to be followed?
ReplyDeleteYES you can increase upto 11 member in MC
ReplyDeleteFor that you have to do following process
1. pass the resolution in AGM of the society for which reason you want to increase the member in MC.
2. Make amendments in Bye-laws No. 115 & 127 in the AGM .
3. Give the amendments letter to Deputy Registrar affix Court Fees Stamp of Rs. 10/- on this also give certified true copy of Resolution and amendments and make change in the bye-laws after you get permission from Registrar.Take sign of Registrar on bye-laws.
I need urgent help and guidance.
ReplyDeleteI have recently purchased my flat in Mar 14, however during the entire transaction i forgot to take the previous owners resignation from the society.I have completed all the documentation and formalities for getting the society share certificate transferred to my name. The secretary is however insisting for the previous owners resignation letter.The previous owner has not been answering mine or the secretarty's calls or replying to the messages and is not contactable.
Please suggest a way out so that i get the share certificate transferred to my name and become a member of the society.
I have to urgently submit the share certificate to the bank who has financed my flat. Please help
visit link:- http://housingsocietymaharashtra.blogspot.in/2011/12/transfer-of-shares-transfer-fees-and.html#comment-form
ReplyDeleteSir,
ReplyDeleteGood Morning! In my housing society, one flat owner who was above 90 years expired in February 2015 and she has given nomination to her daughter-in-law & grand-son. Her Son, who is also a member in our society, has produced all relevant documents which were necessary for transfer of flat except Affidavit-cum-no--objection from the deceased legal heirs. He produced a will which is not probated & in which states that the Flat has to be given to her daughter-in-law & grand son. Legal heirs are not in India and they don't have any communication with them. Kindly advise me whether the society, can go according to the will, which is not probated and transfer the flat as stated above or else is there any solution to this problem. Your positive reply in this regard will be much appreciated. Thanks & Regards - Ramesh N
Probate of WILL is must else society can not transfer the share certificate
ReplyDeleteThis comment has been removed by a blog administrator.
ReplyDeleteGood Morning! As stated above, we had received the documents from the nominees' except affidavit-cum-no-objection, from the legal heirs of the deceased & accordingly the matter was discussed in our managing committee several times & request the nominees' verbally as well as in writing to submit the affidavit-cum-no-objection failing which, society is not comfortable in transferring the said flat. Now the nominees' have filed an appeal to the Registrar of Co-operative societies under section 23(2) & 22(2) claiming that should be transferred in their name since the nomination given by the deceased is already registered with the Society. Request you to kindly highlight in this regard, whether the flat can be transferred only on the basis of nomination given by the deceased. Thanks & Regards - Ramesh N.
ReplyDeleteSir, you take my advice but not follow . I have inform you to ask Probate of WILL from Heirs who produce WILL Then why you are asking affidavit-CUM-NO-OBJECTION. You do not have trust on Probate which is issued by Hon. Court after following all proper process ? You are asking advice from me which you do not want to follow. You have to do what you want. After some legal issue come then again you ask me now what you can do? I will not know what you can do now.
DeleteDear Mr Visariya
ReplyDeleteWe are a small society of only 8 flats in a 30 year old buiding. The society was formed only in 2010. Most of us have been living here for over 25 years except for 1 flat which has come in 5 years ago. We have only a chairman, secretary and treasurer as part of managing committee. Pls advise on the below
1. Is a 3 member MC ok?
2. Can an associate member be elected to the MC - post of treasurer/secretary? Is there a procedure?
3. Can a Chairman refuse or encourage members against having security posted in the building
4. If, after giving a new member parking, he abuses it by wilfully parking behind leaving the front space free as it is convenient for him leaving an older member to park on the street in spite of being requested to share keys so nobody in inconvenienced - can we refuse him a parking space? We have small open space on either side of the building where the rest of us cooperate. After this experience, nobody is willing to cooperate with him
5. Can a no confidence motion be passed against a chairman for creating trouble between flat owners, going behind back and causing disharmony among members?
6. Can a chairman decide and post the agenda for AGM without consulting with the secretary? Or change the accountant/auditor on his own?
Appreciate your advice
1. yes
Delete2. if he/she has purchase flat jointly then yes.
3. No
4. Yes.
5. yes.
6. No.
Dear Sir, Our society chairman has rented out his flat, he lives abroad. what status he has in society. thank you shanty
ReplyDeleteChairman only. unless if he did not attend 3 monthly committee meeting and Secretary will sent him notice that 3 meeting is not attend so they will remove him as committee member
DeleteDear Amit Sir,
ReplyDeletedoes board has rights after 5 years terms expires
no
DeleteThis comment has been removed by the author.
ReplyDeleteDear Shri Visariyaji,
ReplyDeleteGreetings!
Our newly elected Managing Committee wants to introduce new safety and security measures like a watchman and CCTV.
Can it be done by increasing the Monthly Maintenance Outgoing amount per flat without proportionately charging a part of the maintenance to the vehicles parked in the society compound?
We are a registered cooperative housing society with conveyance that stands on a MHADA long leased plot.
Thanks and Regards,
Hemesh Shenoy
February 5, 2015
yes society can increase maintenance and do that.
DeleteHi Visariya ji!
ReplyDeleteIn our society, the managing committee was disqualified for not calling AGM of year 2013-2014 and an administrator was appointed in July 2015 by the Deputy Registrar. The administrator has also not called any AGM (2013-2014, 2014-2015) and has recently called for elections in our society.
My Query is, is it not the responsibility of the administrator to conduct the AGM? can the elcetions be put on hold till the AGM is conducted? Can only 1 member object and stop the elections?
Also, one of the member has not paid parking charge since last 13 months (claiming that the society is illegally charging it as the society land is on lease and society has no right to collect parking charge). So can that member participate in the election Process or will he be considered as a defaulter?