Tuesday, 6 March 2012

Duties & Responsibilities & Function of the Secretary.

Secretary  is Functional Officer of the Society. Secretary is Planner, Organizer,Executing and Controlling activities of the Society. Function of Secretary are as follows:-

  1. To ensure to hold every month meeting  of MC.
  2. To prepare Agenda for MC meeting.
  3. To issue notice with Agenda for MC meeting to member of MC.
  4. To  read and confirm the meeting of last MC meeting.
  5. To prepare Agenda for AGM/SGM meeting.
  6. To issue notice with Agenda for AGM/SGM meeting to all member of the society.
  7. To read and confirm the meeting of the last AGM/SGM meeting.
  8. To record Minutes of meeting of MC,AGM,SGM meeting.
  9. To issue Share Certificate to member of Society.
  10. To Transfer Share Certificate within stipulated time.
  11. Deals with resignation , transfer of member of Society.
  12. To make entry of nomination on the Nominee Register and sign the Nomination Form.
  13. To supervise & to do inspection of flats of the Society.
  14. To issue notice to member for internal leakage and other repairs.
  15. To deal with out going of members by transferring flats after scrutinized the paper as per Bye-Laws.
  16. To deal with application of resignation of Membership.
  17. To prepare and raise Demand Notice [Bill] of Society Charges for Member and issue to all member on time.
  18. To bring notice of default payment before MC meeting.
  19. To take action against default Payment member by giving them Legal Notice U/S 101 for payment.
  20. To maintain following records for the Societies for better management   a] Account Records.  b] Members Records.  c] Statutory Records.
  21. To place complaints application with facts before the Committee.
  22. To put record for Auditing and get it finalize in the required manner.
  23. To bring breaches of Bye-Laws by the member before the Committee.
  24.  To prepare Audit Rectification Report on Audit Remarks.
  25. To produce record before Govt. Authorities with consent of Chairman.
  26. To give NOC for flat sale agreement OR NOC for loan on flats.
  27. To record mortgage of flat on Mortgage Register/ Loan Register.
  28. To take action against member who breaches Bye-Laws of Society as per decision of MC meeting.
  29. Maintains all other correspondence files, document etc.
  30. To issue letter of allotment of Flats OR cancellation thereof.
  31. Any other duties prescribed by Co-op. Law from time to time.
  32. If Secretary give resignation or remove from his/her post by passing a no confidence resolution by SGM/AGM then MC can make other person as Secretary among them and co-opt other member as MC member.No re election is required. 












68 comments:

  1. I am the member of Zarina Co-Op Housing Society, S.V.Road Bandra( W ) Mumbai 400050. There has been robbery at my place last month in the presences of watchman.The shopkeeper have encroached the illegal structures up-to 22 feet and from this illegal structures have become the easy passage for the robbers. I had given a written application to the society managing committee about the illegal structure but no action has been take. what should i do?

    ReplyDelete
    Replies
    1. You have to file complaint in MCGM regarding this illegal structure & also attached letter given to managing Committee so that MCGM will take action against that shopkeeper and MC Member.
      You can file case in consumer court against MC & Security service provider regarding deficiencies in service.

      Delete
  2. If the secretary and chairman of our housing society refuse to give a "received "remark what can be done against them?

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  3. You can send documents through Register AD Post. You can inform your Area Dy./Asst. Registrar C.S. regarding this

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  4. The Chairman of our housing society wants to resign due to personal reasons. In this case can he appoint someone from the commitee as the Chairman so that the commitee continues smooth functioning without having to do re-elections. Does he have the powers in the byelaws to do so? Kindly suggest. Thanks.

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  5. If he resign only from chairman post not from committee member then Managing committee can appoint any one person from committee as chairman. But he resign from both as chairman and committee member then re-election is only one solutions.

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  6. I am the secretary of a housing society which comprises of 12 Wings. One representative from each wing is chosen and is a managing committe member. One such MC member representing a Wing is not getting well alongwith other members of the wings and recently created a furore by locking the terrace herself and giving bad words to wings members when approached for keys to terrace. After the incident MC member went to the police station and filed a doctored police complaint indicting 3 wings members who had opposed her. Now all wing members are united and want the removal of MC member. What is the most appropriate method to remove a MC member. Please advise

    ReplyDelete
    Replies
    1. Firstly MC Member can not be 12. It should be 11 only. You can remove the MC member by passing no confidence motion against him/her. 2/3 member out of total member has to sign the letter and submit the letter to Secretary of the society and ask him/her to call SAGM for this point and pass the resolution for this and give the copy to Dy. registrar of C.S. for approval.

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  7. our society secretary is not a member his mother is member and he dont know english or any proper law or society corespondence in this case he is not ready to give resign say his mother gave a power of attorney please suggest in that what should we do

    ReplyDelete
    Replies
    1. Power of attorney will not work. Inform Dy. Registrar of C. S. Of your area to remove this secretary and take action against auditor who done audit of your society and not point this matter in audit memo.

      Delete
  8. If the member is on third name in his flat registration , then he can be a secreatary ?

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  9. I had purchase flat from investor during builder was there & obtain noc.& also.no transfer fees letter from him. Builder failed to form society & two years latter society formed & now society has issued share certificate on my orignal owner. During society formation my agreement was submitted . Now today 2nd agm held society is asking for transfer fees. So i want to confirm whether its valid or not.

    ReplyDelete
    Replies
    1. totally invalid since society formation your agreement is submitted so share certificate has to be your name only. No transfer premium applicable to you.

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  10. There is a leakage from upper floor to lower but the person from upper floor is not allowing to enter our plumber to enter in the flat or always giving excuses of not available since last one month, so kindly advice me what action we can take as a secretary in this case.

    ReplyDelete
  11. Inform the member that if he do not allowed to enter the society plumber enter in the flat and do the repair then society will inform the local police and under their supervision do the repair and cost of police will be charge to your bill

    ReplyDelete
  12. i am the secretary of my building , the x secretary of our building was trying to do illegal construction and was trying to cover the passage we stopped her from doing it after that incident she is creating and lot of hassle in our work and misbehaving . she has prepared a letter with unwanted claims and accusition ad she is threatning us that she will file a complaint to the registrar. what can be done in such cases??

    ReplyDelete
  13. First for trying this illegal construction give letter to your local municipal authority and make copy to Dy. Registrar of C.S. of your area & local police station.

    If Managing Committee are doing work as per bye-laws and law then no need to think about her claims. MC has to give another letter to Dy. Registrar and local police station that she is creating hassle in society day to day work and threatening them for doing work as per bye-laws and law since MC object her illegal work

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  14. Dear sir
    managing commeety secretary and chairman have rights to stop renovation work if found illegal construction? or complain local authorities?

    ReplyDelete
    Replies
    1. Managing committee has write to stop the work if they found illegal construction and they have also rights to complaint against flat owner to local authority to take action as per MRTP Act.

      Delete
  15. secretary and chairman can visit or check flat during renovations without owner permission?

    ReplyDelete
  16. Dear Sir,
    Our society had dissed that on the terrace dish TV was not install because it caused leakage on terrace, and in our balcony & window we not have signal of Dish TV
    we want to install the Dish on parfait which is 5 fit above the terrace flower,
    and if the construction is not handle the 2 inch screw, than this buildings not safe of residence.
    FRANKLY SPEAKING THAT ,
    "SOCIETY SECRETARY AND PRESIDENT"
    HAVE BENEFITS FROM LOCAL CABLE OPERATOR.
    So they force to get local cable.
    Kindly give your suggestion.

    ReplyDelete
    Replies
    1. Ask Managing committee to fixed common disk of any one co. on terrace. else show under which bye-laws or Court order managing committee are not allowing to install the dish on terrace

      Delete
  17. SADGURU PHASE I, DINDOSHI, SECRETARY OR CHAIRMAN,, ITS A MERE POWER GAME...THEY GAVE US A CAR PARKING AS GOOD FOR A BIKE PARKING...WE SQUEEZED OUR SMALL CAR INTO IT AND ALMOST BANGED IT. THEN WE REQUESTED THEM TO EXCHANGE OUR PARKING. THEY COULD NOT ..INFACT EGO DID NOT WANT TO HELP. SO ONE DAY THEIR CO BHILDREN COMPALINT THAT OUR CAR WAS TOO CLOSE TO THE ENTRY DOOR AT THE BACK AND THAT DISRUPTED THEM SO THE SECETARY SUDDENTLY DECIDED TO BE NICE N GIVE US A PARKING ON A SLOPE. WE BELIEVED HIM BUT MY SON'S BIKE WAS PARKED THERE TILL WE DECIDED ON WHETHER WE REALLY WANTED THE PARKING. THE POWER HOUSE OF SECREARIES N CHAIRMAS TOUGHT WE WERE TRING TO PLAY N USE TWO PARKINGS....THEY ASKED US TO REMOVE THE BIKE AND I SAID WELL OK BUT THEN I WIHE SzLL RAHTER PARK MY CAR....ANDHE SECETARY WAS NOT PATIEINT..HE SENT THE GUARD AND THAT DAY WE HAD GUESTS N I TOLD M SON TO PARK HSI BIKE OUSIDE AND PARK THE CAR IN TEH PARKING...WE THOUGHT WE WILL DO IT IN THE MORNING BUT THE SECRETARIES EGO WAS HURT AND BE ORDERED SOMEONE TO PICK UP A LOCKED BIKE FROM THE PARKING AND THOW IT OUSIDE WITH THE RESULT THAT THE BIKE WAS DAMAGED........WHAT ...SOULD BE THE RIGHT COURSE........

    ReplyDelete
    Replies
    1. First file complaint in local police station against Secretary that he has damage your bike. File case for damage recovery against Secretary in Court.If society taking parking charge then file damage recovery case against society in consumer court also. File complaint against secretary in Dy. Registrar of C.S. of your area.

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  18. Dear Sir,
    In my housing society from last two(since society formation) AGM meeting is not happened.
    Second thing, no one disclosed that how much amount is collected and how much is expense and audit also done for the same.
    Please provide you input for the same. What I can do as society member.

    ReplyDelete
    Replies
    1. Just file complaint to Dy. registrar of C.S. office to conduct audit of society and take AGM under Dy. Registrar of C.S. supervision

      Delete
  19. Dear Sir,

    We have a flat in Mira road, which has recently some serious leakage Issues after the work the cosiety took last year.
    After various follow ups, also from our agent (he has power of attorney for rental purposes), the secretary is not taking any action. The leakge is so bad is also affecting several flats. We sent a courier with written problem so that they can decide in the AGM. The secretary refuused to accept the letter too.
    What can we do in such case?
    I am currently overseas and can not personally go and do the argument.
    Thanks

    ReplyDelete
    Replies
    1. Send complaint letter to Mira Bhayander Municipal Corporation & Dy. Registrar of C.S. Inform them that due to leakage building structure is get effected and Secretary is not taking any action to repair the same. Kindly take action against Secretary of the society.

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  20. I wish to add myself as a second name on the share certificate of a society. The flat is currently on my uncle's name. All the relevant documents have been submitted to the society office. What is the maximum time they should take to have this done. Its a simple case of 2nd name addition.

    ReplyDelete
    Replies
    1. What document you have submitted ?

      Delete
  21. Hi
    I can attend the AGM meeting, but I am not the owner and nomini of my room please revert

    ReplyDelete
    Replies
    1. No you cant. you can attend AGM only if you have member (owner) or associate member (joint owner) else not.

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    2. HOW CAN I BE THE MEMBER. PLEASE FORWARD ANY SOLUTION

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    3. you have to buy some part in flat or entire flat

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  22. Sir
    Can managing committee or agm take decission on finacial matter like increase maintanance charges / sinking fund without agenda & with permission of chair ?

    If reply no kindly let me know1960 ACT NO. under which MSC ACT 1960.

    ReplyDelete
  23. Dear Sir, i brought flat at gulmohar without cover parking, now CM has taken meeting and now they has circulated that without parking will be charged 400/- per month, around buildings there are lot of space. shall i have to pay for the same??? or any way to out????

    ReplyDelete
    Replies
    1. you do not have to pay any parking charges. Since parking charges has to approve in AGM and it can be charged to all members having vehicle introspective of whether they have cover parking or open parking.

      Delete
  24. THE TERM OF OUR CURRENT MANAGING COMMITEE IS OVER AND WE ARE WAITING FOR RE-ELECTIONS AS PER THE CURRENT BYE LAWS.OUR TERM GOT OVER ON 13TH OCT 2015 BUT THE CM HAS WRITTEN A LETTER SAYING HE HAS THE POWER AND NOW HE IS AUTHORITY AND WILL TAKE DECISIONS AS ITS MENTIONED IN BY LAWS CLAUSE 139 AS PER HIS SAYING.HE SAYS TILL THE RE ELECTIONS HE WILL BE THE CARE TAKER AND EVERYTHING WILL BE DONE IN HIS SUPERVISION.EVEN FOR ANY BEAUTIFICATION OF THE SOCIETY OR ANY DECISIONS YOU HAVE TO ASK HIM BEFORE DOING ANYTHING.HE IS THE SUPREME AUTHORITY AND EVERYTHING WILL BE UNDER HIM TILL THE ELECTIONS AND HE WILL BE THE CARE TAKER. WHAT SHOULD BE DONE,PLS ADVICE OR WHAT SHOULD WE REPLY HIN VIA LETTER REPLY.

    ReplyDelete
    Replies
    1. Your chairman is saying only first sentence of Bye-laws no. 139. Please read bye-laws no 139 you will come to know that decision is take jointly in MC but chairman has to supervise that

      Delete
  25. Sir, I work out of India but my family live in navi mumbai they complaint that our society Secretary involve verbal spat with my bother, on car parking issue.
    secretary allocate the parking area which we not happy the reason is now and than kids cycling and they scratch on my car.
    please advise to whom we write the complaint letter on secretary

    ReplyDelete
    Replies
    1. You can write to Dy. Registrar of C.S. and local police station

      Delete
  26. Due to non acceptance of resignation of committee member of chs can that member hold responsible for any illegal act done by managing committee after his resignation

    ReplyDelete
    Replies
    1. yes Till resignation is accepted committee member is responsible

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  27. My bldg secretary has removed my name plate from the common board asking for flat papers which I had already submitted to the previous secretary.she says she has no record as such. I don't wish to submit my papers to her as I don't trust her there are many flat. Owner like me facing the same problem we want to remove her from secretary post as she is bullying every one plz help

    ReplyDelete
    Replies
    1. File complaint against secretary in Dy. Registrar of C.S. of your area and in Local police station for harassment and misplace of society documents of society and members which is handover by old MC

      Delete
  28. My upper flat toilet is lekage and he does not repair for five years.my bed room is very much lekage.what i can do? Please reply me urgent

    ReplyDelete
    Replies
    1. 1 ] you can inform the local municipal authority that building structure is damage due to leakage so do the repair
      2] you can inform the society to do the repair in 15 days or else you can file the case against society for damage in your flat

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  29. Out of 6 five members of our CHS have rented their rooms. is this permissible in law.

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  30. Hi...can a person who owns a flat in the society but doesn't reside (have rented out) be eligible to be the secretary of the society. Is it legally / morally correct?

    ReplyDelete
  31. Can i claim from society for repairing cost of fallen ceiling in kitchen due to Severe leakage from terrace.

    ReplyDelete
  32. Hi,I m one member of society,my society secretary and Chairman have some fight about society,also our secretary (Female) she don't think about society,she has personal business of brokareg,so she can't allow any person in side of building,if any other broker can work after 6 pm..she shouting but if his anyperson work after 6 pm..she can allowing,evey when we are decide anything but she absent,after 2 days she will come to office and change decide plane ,how to punish her...plz suggest

    ReplyDelete
  33. Our secretary is acting as a broker for leave and license.. Is that legal??

    ReplyDelete
  34. Our society chairman doesn't have the house he lives in on his name. It is in his mother's name. He lives with his mother and spouse. Is he eligible to be a chairman?

    ReplyDelete
  35. I live at ground floor. After my father and mother, my name is at third place as an owner in flat property document.


    Matter 1
    1 resident from 2nd floor of our wing and 1 person from 3rd floor of our neighbour wing has put long sheds in front of our
    Kitchen and hall window areas to cover their cars from garbage thrown from up side and from other natural elements. These
    sheds are causing darkness and lack of ventilation in our house. We have informed these residents to remove these sheds but no one is responding. I have also discussed this with our wing society secretary and given latter to help us and to take some action on this issue but there is no action from our society secretary. On my written request, Instead of giving notice to them for removal of sheds, society secretary says that he was out of country when these sheds installed by both so he can only give permission latter that he has not permitted for roof installation near ground floors. Me and my father met him personally but society secretary says for you why I should destroy relations with other people? Our society secretary is an Estate Agent.


    Matter 2
    The roof installers are parking their car’s back side very near to our kitchen and hall windows. This is causing carbon emission & smoke to our house. One of my family member is a kidney patient so we have requested several times to these people but no one is responding here also. Other wing resident is saying that his car is LPG car so it is totally safe. He also said do whatever you want to do ... I will park my car in the same manner. I discussed these with our society secretary and requested to put a request note to not to park cars back side near our windows as soon as possible. Also given this in writing to society drop box as per his society rules guideline which he made to follow but society secretary collected it after 15 days on my another verbal request to provide me received remark on copy as requested in the latter. He mentioned remark as “Received without prejudice” on it. Society secretary collects maintenance cheques and other documents regularly but he was not giving me signed copy with received remark on this latter. Now He says all these will be discussed in society meeting soon but no society meeting is happening.

    ReplyDelete
    Replies
    1. Society Secretory now says that, parking is bought by car owners so he cant say them how to park cars. Now he is giving me this kind of reply.

      Delete
  36. Matter 3:
    2 months back society secretary and treasurer collectively installed CCTV cameras to cover ground floor and terrace area of the building premises. Before the final installation of Cameras happening, I given written objection to not to install any camera in front of any window from any angle of ground floor flats due to privacy reasons. But still they installed the cameras. This CCTV proposal was passed after a single latter with reason of safety and collection of CCTV funds from all the flat owners without any general meeting. CCTV positions were not mentioned in this CCTV proposal latter.
    With more on it..., instead of installing on society building walls which we generally see in most of the societies everywhere and which is safest format.... these CCTV cameras installed on the polls at the top side which are very near to society border walls where CCTVs can easily be damaged by anyone climbing on wall or from outside to commit any undesired and risky situation of theft or anything.


    Society Secretary is not considering my objection for changing angle of CCTV cameras and requests to downward views & installing cameras on society building walls. Still the positions are not changed as secretary is saying it will be done soon but there is nothing done yet.
    After this installation, our neighbour wing secretary has also installed CCTV camera with view of covering from front side now. On my objection of this our wing's secretary is saying I will not say anything on this as it's their decision on their wing. It is noted that these both wing society secretaries discusses every matters and then proceeds.


    Currently Society secretary is not taking my objections and requests and just doing time pass so that these things can become weak & can be forgotten. When I give any request on writing... he writes, “Received without Prejudice”


    What to do now. ?

    ReplyDelete
  37. This comment has been removed by the author.

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  38. Sir,Previous MC of housing Soc in Pune resigned in Dec 15 and new MC has taken over.Ex MC members are creating problems and often on what's up , complain for this or that.Finance year is ended and we will have agm before 14th Aug 2016.Ex MC are planning to send letter to have SGM, what to do.

    ReplyDelete
  39. Sir,Previous MC of housing Soc in Pune resigned in Dec 15 and new MC has taken over.Ex MC members are creating problems and often on what's up , complain for this or that.Finance year is ended and we will have agm before 14th Aug 2016.Ex MC are planning to send letter to have SGM, what to do.

    ReplyDelete
  40. Sir,I am from thane in our society parking from the last 1 year someone is regularly scratched my bike and I also complaint about this to my secretary but he is not doing anything. I suggested to install CCTV cameras but he said society don't have that much fund to install camera. I am helpless so please suggest me what to do?. Please help me!

    ReplyDelete
  41. Is there any email ID to complaint against the society or is there anyway to complaint online.
    Please reply I am fed up with the society.

    ReplyDelete
  42. Hi,
    I recently buy a Resale Flat in mahalaxmi Society Pune, Society Firm in 2012. Still Builder allocate reserved Parking now. is this Valid ? and Builder allocate parking to few of members those Index II not contain any parking.

    ReplyDelete