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Maharashtra Co-Op Societies Act Amended
K Ram Kumar / Mumbai April 12, 2002
In a move that will have far-reaching implications for societies established under the Maharashtra Co-operative Societies (MCS) Act, 1960, the state government has notified that all elected members of the managing committee of societies are required to execute a bond holding them “jointly and severally” responsible for all the decisions the committee takes. 

Called the MCS (Amendment) Rules, 2002, the new rules are applicable to co-operative banks, co-operative federations and co-operative housing societies, among others. A new form, M-20, has been inserted whereby elected members of managing committees have to declare they are jointly and severally responsible for all the acts and omissions detrimental to the interests of the society.

“Lack of professionalism, transparency, insider/connected borrowing and political interference are the bane of co-operative banks. This has taken a toll on their financial health. The new measure will deter managing committee members from taking arbitrary decisions,” said a senior co-operative banker.

According to another co-operative banker, the new rules could prove to be the proverbial double-edged sword. "It is like a pro-note, which makes each member personally liable. For example, even if a loan decision is taken on merits, an error of judgement cannot be ruled out. So under the new rules, if an advance which was extended during the tenure of a member goes bad, he will be liable for it even if he ceases to be a member of the managing committee," he explained.

Residents of co-operative housing societies, who normally are reluctant to take up the honorary responsibility of looking after the affairs of the society, are expected not to join managing committees.

According to the new rules, every elected member of the managing committee of a society shall execute a bond on a stamp paper, as provided under the Bombay Stamp Act, 1958, within 15 days of his assuming office. The chief executive officer/secretary of the society shall receive such bonds and keep them in the records of the society and accordingly inform the Registrar of Societies within 15 days from the formation of the committee. Further, under the rules, a provisional list of voters should be prepared by every notified society in the year in which the election of the society is due to be held. Persons who have completed a minimum two years as members from the date of their enrolment should be included in the provisional list.

 
 
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   Discussion Board / User Comments    
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Pras November 20 , 2009 ,13:43 IST
If member is holding flat jointly with his wife.Share certificate is having only his wife name. What does he need to do to join the managing commitee or become secretary. If member's request is pending with society for car parking for want of space and if he parks the car in society premises in some open space without disturbing other member's reserved space, can he be charged penalty under unauthorised parking.
Reply
Anju November 18 , 2009 ,13:42 IST
Our Society is registered recently under non-cooperation. The builder is appealing to the higher authority to stop our registration or put a stay or whatever stating reason that the residents are not paying the maintenance charges due to the builder. Can the builder put a stay based on the charges of non-payment of maintenance charges? For how long does the hearing go on? What is the effect of this on the registered society?
Reply
dheeru November 17 , 2009 ,13:46 IST
who is the eligible member to participate in the election of the managing committe of the society
Reply
rajukaran November 15 , 2009 ,20:57 IST
Is it mandatory for any hsg society to appoint security agency having registration with Maharashtra Security Board?
Reply
whiteorchid November 15 , 2009 ,20:44 IST
Dear Sir, I would like to know if a new owner of a flat is responsible for outstanding maintenance charges of the previous owner. Is there any particular section in the Maharashtra Co-Op Societies Act which provides information on this situation?
Reply
K.Swati November 14 , 2009 ,09:11 IST
I am looking forward to buy a plot in Pune. The developer in the deal has mentioned that they would be forming a society after the agreements of all the plots has been completed. Well, I have been informed that the bye-laws of teh society will be decided later. I, in general want to know the laws of the society, and would it put restrictions if i wish to build my home as per my plan? Does it require societies approval, to make any amendments in my home? If in the future i decide to mortgage the home, would there be any restrictions? In short i want to know the advantages and disadvantages of owining a property in a society...... This is my first deal in property ever, hence i am totally new to this concept. Please recommend....
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PHALGUNAN November 13 , 2009 ,11:32 IST
At the very outset I would like to thank u for thevaluable information w/r to society matters. 1. In our societies some of the rooms are being occupied by the relatives of the member and never pay the maintenance charges or take the share certificate ( by the memmber )from the society. They are very much admament that they doesn't require it nor give ,ainenence amount. Hw we can tackle the situation ? Many members were not paying the maintenance charges stating that they are not staying there. Now we want to initiate legal action ? We have already sent notices for recovery. Now we want to file before Asst registrar- Sicne I am living in Dombivli - where I should file the dispute / complaint/ application. please guideme. Thanks a lot Phlagunan P.C
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baggi November 10 , 2009 ,11:36 IST
sir,i wish to assign my rights of my flat to the associate member, what are the procedures
Reply
kksharma November 09 , 2009 ,20:29 IST
acceptence of volutory donation is acceptable/ from new member, our society abbets new members to do donation in other then society fund and do not transfer the shares, and make member of the society. can associate member be a commette member, or hold office.
Reply
Satish November 09 , 2009 ,16:51 IST
In our society i am the secretary. one member of our society died recently.He has nominated his wife as the nominee. the papers have come for transmission of flat in her name.She has one son who is married. What is the procedure to be adopted by the society for transmission or can the society simply transfer the flat in her name. please send me a reply on my mail id: sirav02@gmail.com
Reply
Ameet November 09 , 2009 ,13:17 IST
I had purchased a flat in year 2007, and our society was formed on July 2009. I have not yet purchased the stilt from the builder, however other flat owners' have purchased stilt parking from the builder. IN the society meeting, I suggested for some charges to be levied for car parking, however the members' refused it by saying that they had purchased the car parking at a specific amount from builder & won't pay the car parking charges. Is there any clause where the stilt car parking space purchased by the owner can be charged.
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TONY November 08 , 2009 ,20:31 IST
our housing society was formed in the year 1976. the land is on leased and not on free hold. we have not received conveyance from the landlords nor builder since last 30years. will we be able to go in for redevelopment on leasde land after obtaining deemded conveyance??
Reply
Kailash November 08 , 2009 ,00:33 IST
Hello..! Firstly I would like to thank you for putting up such wonderful information about society laws. My request to you is that Please also email me on my queries as below: 1. Is Playgroup / Nursery / Baby Sitting / Taking tuitions of children at home is Commercial Activity as per rules of Maharastra Co-op Societies Act... I think these are not commercial (Normal Indian laws also not take these activities as commercial) So which section / para of the act mentions about these activities being commercial or not? 2. Is any non-member who/or whose wife is not member (They or their family don't have any flat in society)are allowed to be as Managing commitee member? Can mamanging commitee make non - member part of the managing commitee? I am in serious need of this information.. Hope to get your expert opinion at earliest. Kailash Rathi email: kailash.rathi@yahoo.com, rathi.kailash@gmail.com Thanks
Reply
  Reply by D.P.Karavade:November 11 , 2009 ,00:13 IST
The activities mentioned by you will not be regarded as commercial if you carry them from your home. But if you buy a residential flat and use it only for such activities, you are changing its use which is subject to society's approval and can attract commercial charges. There is no question of an outsider becoming a member of the committee. A society is only for its members who own flats/shops therein and managing committee members are elected by the society members at their general meeting (AGM or special meeting). The committee members cannot adopt members on their own even from among society members, except in case of a casual vacancy. Anyone not owning a flat or shop and therefore not being a member of a society just cannot join society management of any affairs in any manner. It is wholly illegal - karavadedp@yahoo.com
Rudra November 06 , 2009 ,18:44 IST
Ours is a new apartment which comprises of 7no flats. As per cooperative society by laws what is the process and condition by which it can be registered, since there are less than 10 units/members? Pl advice.
Reply
Laxmikant November 06 , 2009 ,13:36 IST
My uncle was a memeber of a Co-op Hsg society in Navi Mumbai. He died with filing a proper nomination of his youngest son. His youngest son wants to sale his flat. My uncle has three sons & one daughter . The Society is now asking him to procure Heirship/succession Certificate from Court to sale of flat. What is the Correct Procedure to follow in such cases. My email id is vibhutelp@rediffmail.com
Reply
Surekha November 06 , 2009 ,13:17 IST
Is there any rate of Interest defined as per Maharashtra Cooperative societies act for delay payment of monthly maintenance.
Reply
  Reply by D..P.Karavade:November 10 , 2009 ,23:59 IST
Yes. It is maximum 21% per annum or lower as decided by the general body, as per bye-law No. 72.
rajendra November 05 , 2009 ,15:52 IST
society o.c certificate dt 07-04-2007 first purchaser purchase flat beofe O.C first purchaserresale his flat on 04-04-2007 society formation paper signed by first purchaser on 07-11-2007 society form on 17-02-2008 first AGM attended by first purchaser on 31-03-2008 first purchaser hiding information from builder and society secound purchaser apppy for trasfer of flat on 04/11/2009 can society trasnfer flat without noc from builder kindly suggest
Reply
rajendra November 05 , 2009 ,15:51 IST
society o.c certificate dt 07-04-2007 first purchaser purchase flat beofe O.C first purchaserresale his flat on 04-04-2007 society formation paper signed by first purchaser on 07-11-2007 society form on 17-02-2008 first AGM attended by first purchaser on 31-03-2008 first purchaser hiding information from builder and society secound purchaser apppy for trasfer of flat on 04/11/2009 can society trasnfer flat without noc from builder kindly suggest
Reply
Anju November 05 , 2009 ,15:36 IST
In case a housing society is not registered and there are resale of flats then the buyer/seller has to go the builder for NOC. As per MCS Act, can the builder claim transfer charges from the buyer and seller at 2% of the current market rate and sq. feet?
Reply
  Reply by D.P.Karavade:November 10 , 2009 ,23:53 IST
The MCS Act is applicable to registered societies only. The builder is not bound by the Act. Transfer premium, whether charged by societies or by builder, is basically a share in the profit you make. So you have to only negotiate with him.
sameer86 November 05 , 2009 ,15:32 IST
1) Does the society have rights to ask for deposit for making furniture in my flat which is Rs. 10000 & also Rs. 5000 for throwing the waste that will be created during the work, out of which only 10000 will be refunded and 5000 will be kept by the society? 2) Its been more then three months now since i have applied for transfer of share certificate in the society and also paid the transfer fees and given three letters for the same but till now no action has been taken till date, and there has not been a single reply from the society on this. Can someone please guide in what further steps can be taken against the society?
Reply
Anju November 05 , 2009 ,14:39 IST
Can the builder claim maintenance charges solely based on the flat purchase agreement or on the basis of actual statement of accounts and on production of receipts & payments? Our builder is not ready to give us the statement of accounts stating that they're not liable to do so and we're liable to pay as agreed in purchase agreement.
Reply
  Reply by D.P.Karavade:November 10 , 2009 ,23:28 IST
The builder is right. He is collecting maintenance as per the agreement which does not mention that he shall submit accounts to you. But he is supposed to collect only till the formation of society. So the sooner you form a society, the better it is.
none November 05 , 2009 ,10:51 IST
Please comment wether a tennant can fight an election with a permenant member of the society for a place in a committe.
Reply
  Reply by D.P.Karavade:November 10 , 2009 ,23:24 IST
No way. A tenant has no connection whatsoever with the society or its affairs or management. His right is limited to occupying the flat rented by him and availing of the facilities / amenities attached to the flat as would be available to the owner himself. Only a member holding a flat can become a member of managing committee - karavadedp@yahoo.com
nashik November 04 , 2009 ,13:54 IST
From a registered society in Nashik, Pl let us know that wether a tennant can fight an election against a permenant member of the society for occuping a place in the cultural committe..
Reply
munnu November 02 , 2009 ,14:18 IST
Sir,I am an owner staying in a registered society in maharashtra and working in thr field of cultuatl activities for last 2 yrs.All of a sudden one tennant has come and he is disturbing the harmony of the society he wants to have an election between me and his wife for the post of cultural co-ordinator,Being a tennant can he ask for such election against an owner.How can we sort out this matter?
Reply
  Reply by D.P.Karavade:November 03 , 2009 ,00:04 IST
A tenant has no right or authority whatsoever in any matter or activity of the society. He has no connection with the society. He cannot take part in any meeting, any decision making or any election of the society Bluntly tell him to mind his own business. If he does not behave, let the secretary ask the concerned flat owner to evict the tenant immediately.
JayantMehta November 01 , 2009 ,21:07 IST
Dear Sir, Can you guide as what is the correct and a legal way if charging maintainence to society members, is it on Sq Ft bases or based on the amenities and other expenses the society has, i have heard there is a high court order regarding this. I stay in pune and in our society there are plenty of arguments happening on this subject. also can you help me as to where i can find those orders published from High Court. Regards Jayant Mehta
Reply
sanjay October 29 , 2009 ,17:19 IST
Can we have a society if there are 10 flats only. Can we force builder to form society if only 8 members are available.
Reply
  Reply by D.P.Karavade:October 29 , 2009 ,23:27 IST
Yes, I have seen a society of 6 members
AMIT October 29 , 2009 ,01:22 IST
Hello..! Firstly I would like to thank you for putting up such wonderful information about society laws.My request to you is that Please also email me back the answer to the question I am asking below- 1> What is the Maximum time limit given to a Registrar to give an order in Section 78 of the MCS Act ? 2> If suppose only father and mother have taken a propety.Fathers name is first and mothers name is second in the registration document of a flat.In this case only the mother can mother can become an "Associate" member right (Because she holds shares jointly with her husband) ? Rest of the family falls in "Nominated" Members right ? 3> Can any other family members (Nominated members) apart from the mother become an "Associate" member WITHOUT holding any shares jointly /without making any new agreement done ? Please reply at the earliest at amits_111@yahoo.com. Thank You..! - Amit Shah
Reply
  Reply by D.P.Karavade:October 29 , 2009 ,23:25 IST
In terms of bye-law No.16(b), an associate member means a member who holds jointly a share of a society with other but whose name does not stand first in the share certificate.
rahul October 28 , 2009 ,12:44 IST
sir i live in malad and my society says HAVE TO PAY RS 5000 when A NEW TENANT IS MOVING in my apartment and rs 3000 when he is vacating the apartment, I am also paying non occupnacy charges every month on my apartment .since i work in bangalore i have to give my apratment for rent,is the cahrge being asked by society legitimate
Reply
  Reply by D.P.Karavade:October 29 , 2009 ,23:48 IST
The charge is wholly illegal. There is no provision for such charge in the bye-laws. The committee is authorised to demand only those charges which are approved by the general body, nothing beyond that. But even the general body cannot sanction charges which violate the bye-laws and the Act. Don't pay anything other than non-occupancy charge that too only at 10 per cent of service charges - karavadedp@yahoo.com
Anju October 27 , 2009 ,16:31 IST
We had taken possession of flats in 2005 and paid the builder maintenance charges for one year. Our society is still not registered. The builder is claiming maintenance charges around Rs. 40 lakhs from us without which he won't register our society. Can the builder claim maintenance charges based on the carpet area? Can the builder not register the society on the pretext of not receiving maintenance charges? As we have received the OC in 2008 and our water connection is still on humanitarian grounds, can the builder ask us to pay the water bill at double rate? From which date should the flat owners pay water charges and at what rate?
Reply
  Reply by D.P.Karavade:October 29 , 2009 ,23:38 IST
Builder can take maintenance only as mentioned in the flat purchase agreement and only till such time as the society is not formed. He cannot refuse registration. If you have got OC you can approach the registrar for formation of society without builder's consent. But if there is no water connection how did you get OC? If the water connection is solely for your building, ask the builder to produce water bill and pay accordinly by equal contribution from all members. The builder is harrasing you. I suggest you engage a lawyer and file a case in consumer court - karavadedp@yahoo.com
Mantu October 27 , 2009 ,10:34 IST
Hi, There is a water leakage problem from my top floor neighbor bathroom to my bathroom. I have requested him to fix this problem so many times. The fellow is not listening to me. Please send me a legal way how I can tackle this issue. Also please advice, this is whose responsibility in terms of expenditure to fix the problem.
Reply
  Reply by D.P.Karavade:October 29 , 2009 ,23:42 IST
Complain to the society. The secretary is supposed to ask the member to carry out necessary repairs at the member's cost and if he refuses the society can do the repairs and recover the cost from the member.
harjinderpalsingh October 26 , 2009 ,17:32 IST
in our socity jimmy tower coop hsg. society adminstrator appointed as members of commite not fill m20 bond. six month after adminstrator brought extension of three month joinning hands with old office bearers now extension of three month has passed still not taking election giving excuse matter sbduce as he installed vodafone in premises n member complaint to registrar n not showing expenditure account pl tell can he do so while advised by registrar to hold election. please clarify whether as per bylaw can election hold by adminstrator.
Reply
prashant October 26 , 2009 ,00:47 IST
sir, i wants information about sefety grill fixing for ground floor residential flat in housing society . can i fixed the grill below 4fit from my window? is there eney law ?
Reply
VISWANATHAN October 22 , 2009 ,04:46 IST
Dear Shri Karavade, I purchased a flat at Thane. The Society was registered and formed in the year 2005. The Share Certificates were issued by the Society only in July 2009, ie, 4 years after the society was formed. What is the time limit for issue of Share Certificates? The present Secretary has issued Share Certificates only to 50% of its members. He has been harrasing the members under some pretext or the other. He has demanded the following documents for issuing the Share Certificates:- (1) Possession Letter From Builder (2) Nomination Forms (3) PAN Card or any other Photo ID Proof. (4) Copy Of Sale Agreement/Deed He has blocked the issue of SHARE CERTIFICATES to Defaulters of Maintenance Dues. IS THIS LEGAL? PLEASE CLARIFY. Any Bye Law/Case Law? If illegal, whom to approach for redressal?
Reply
Rohit October 21 , 2009 ,17:17 IST
Sir, Ours is a registered society. But before forming a society we were having an ad-hoc committee appointed by builder. This ad-hoc committee used to collect some maintenance charges to pay dues like water charges, electricity, security etc. When this ad-hoc committee was in a possession that time one of the flat owner sold his flat. Since then this incoming person has not paid any dues. Mean while we registered our society, but this new person is not willing to become a member of the society, at the same time he is enjoying all the services at free of cost. So wanted to know what we can do to recover dues from him.
Reply
  Reply by shyam:November 12 , 2009 ,16:12 IST
File claim before Registrar of Societies who will issue recovery certificate and proceed with recovry thereon. But before that you need to convince the member concerned what he is doing is illegal and unacceptable in the Society. Despite that if he continues to be adamant please file proceedings under 101 befoe Registrar who will issue certificate for recovery of not only princial amount but also interest thereon and costs of the proceedings.
Umesh October 21 , 2009 ,15:44 IST
Dear Sir, Recently Chairman of our society passed away. So I wanted to know how to go about electing a new chairman. Do we need to dissolve managing committee and have fresh election. Or we can just have nominated chairman. Also till the time new chairman is not elected/nominated whether secretary can give charge to someone as acting chairman.
Reply
  Reply by D.P.Karavade:October 29 , 2009 ,22:55 IST
You need not dissolve the committee. The remaining committee members can elect anyone among them as chairman and continue. Since this is very easy, there is no need to have an acting chairman - karavadedp@yahoo.com
soman October 20 , 2009 ,11:53 IST
I am secretary in my society. One of our member's flat is on joint name with his monther & son. Now the son demands to transfer the mothers share into his name since mother is old. He has also given a copy of WILL. The mother is live. Pls guide me whether we can transfer the same into his name.
Reply
  Reply by D.P.Karavade:October 29 , 2009 ,23:10 IST
Since the mother is alive, the will is not necessary. If the mother really wants to transfer the flat in her son's name, she will have to execute an affidavit relinquishing all her rights, title and interest in the flat and in the share capital in favour of the son. Thereafter she will have to submit an application for transfer in the prescribed format alongwith share certificate and the son's application for membership and membership fee of Rs.100/-. You can then do the needful
mahalakshmi October 19 , 2009 ,14:37 IST
I have a flat of 625 sqft, till now since 7 years I was paying a maintenance of Rs 700 and 900 sqft houses in the same society were paying Rs 1000, society is recently formed and they have suddenly decided that irespective of sqft all the flats have to pay a common maintenance charge of Rs 1000, please advise
Reply
SocAus October 18 , 2009 ,18:57 IST
In our society in Pune, we have quite a few flats not being occupied by the actual owners. What are the rights of the tenants to the parking spaces both covered and open.
Reply
Austin October 18 , 2009 ,17:58 IST
What are the rights of tenants as regards parking in a society? Can they DEMAND a parking space for a car?
Reply
HEMANT.DESHMUKH October 18 , 2009 ,10:02 IST
Dear Sir, I brought a flat in the JOINT NAME OF MYSELF & MY WIFE at Ghodbunder Road, Thane, in the year 2003, directly from the Builder. I paid Rs. 100/- towards membership fees to the Builder. Now, the Secretary took an additional Membership Fee of Rs. 100/- since my flat was in the joint name of me and my wife at the time of issuing Share Certificates, which, I feel is illegal. On questioning the Chairman, he justified that the additional fee of Rs. 100/- was for Nomination. Is this legal? Quote Bye-Law/Case Law if any for taking up the matter with the Secretary/Chairman. Whom to approach for redressal?
Reply
VISWANATHAN October 15 , 2009 ,05:31 IST
I own a flat in the joint names of me and my wife. Over and above the entrance fee of Rs. 50/- and the membership fees of Rs. 100/- the society has collected an additional amount of Rs. 100/-. Is it legal? On questioning the Chairman, he says that the additional amount is for Nomination of my daughter. Is it right?
Reply
  Reply by D.P.Karavade:October 16 , 2009 ,00:24 IST
Entrance fee and membership fee are not separate. There is only 1 fee by either of these names and it is only Rs.100/-. Rs.50 and Rs.100 charged additionally are illegal. For nomination you have to pay Rs.50 only when you change the nomination. First time nomination is free. All subsequent changes would entail Rs.50/- each. As for your second query, Bye-law No. 47 requires that Society's permission must be obtained before you carry out any repairs or renovation. Structural changes affecting the RCC structure (beams and columns), external wall or locations of toilet and the drainage system can just not be permitted and even Municipal authorities can act against such changes. If you make any changes without Society's permission, it is breach of byelaws which is liable for punishment including expulsion from society under bye-law No. 51 - karavadedp@yahoo.com
VISWANATHAN October 14 , 2009 ,06:38 IST
In case any member/flat owner of a co-operative society has made any structural changes in his flat can he be disqualified from being elected into the Managing Committee? If so the relevant Section of the Bye Laws may be quoted. Any Case Laws?
Reply
Kunal October 13 , 2009 ,14:13 IST
Dear Sir, Our society Secretary, Treasurer and Chairman have locked the entrance of the terrace that fall in wing A. According to them members cannot use the terrace for their personal use such as taking a walk or exercising. My Mother daily use to go for a walk on terrace as she cannot get down 3 floors everyday and terrace is just 1 floor above our house. The lock of the terrace was changed without any notification. When we go to ask for the keys we are been abused and replied very rudely. What can we do about this.? Is terrace the property of the SECRETARY/CHAIRMAN, Members of the society or an open space that belongs to the members?????
Reply
  Reply by Kunal:October 18 , 2009 ,12:00 IST
Thank you Sir for your reply. I went through the minutes where in general it is been decided that terrace will not be used for parties and for bursting crackers. It can be used for the personal use and religous purpose. So now what can i do sir?
  Reply by D.P.Karavade:October 16 , 2009 ,00:34 IST
It is the general body that formulates a policy on the use of terrace. Many societies disallow the use of terrace for several reasons such as they can be misused, can lead to quarrels among members, the children playing can disturb the top floor members and damage of flooring can lead to leakage in top floor flats. Additionally there is the safety of water tanks and a risk of any accidents and even suicides. But the decision is taken by general body as a policy matter. The office bearers cannot decide or treat as their personal property. Ask for minutes of AGM where such ban is decided.
Roshan October 12 , 2009 ,13:14 IST
Dear Sir, The owner of a flat has passed away leaving his wife and children behind without making a nomination the family has submitted an indemnity bond claiming responsibility and an affidavate stating that they have no objection from transfering the flat on the wife's name where as the society still claims to have a public notice put forth is this necessary
Reply
  Reply by D.P.Karavade:October 16 , 2009 ,00:54 IST
If the committee is aware that the wife and children are the natural succesors who are willing to indemnify the society, they have no reason to raise any more questions. Submit the application for transfer to the Secretary alongwith membership application form in the name of mother accompanied by the affidavits mentioned by you. Mark a copy to the Registrar. The secretary is bound to reply within not more than 3 months. If no reply is received within 3 months, the application is deemed to have been approved.
jagdish October 12 , 2009 ,12:31 IST
Sir, I want to sell my flat of thane to my sister, please let me know if she needs to pay Transfer Premium to society & secondly I have bought this flat just 4 months before, will she get any rebate on Stamp Duty.
Reply
  Reply by D.P.Karavade:October 16 , 2009 ,01:16 IST
If you are selling it on monetary consideration, transfer premium will be indeed be payable. By the way, transfer premium is paid by the transferor and not the transferee unless they agree otherwise. No, she will not get rebate in stamp duty. But you will have to pay capital gains tax since you are selling in less than 3 years.
sathisan54 October 12 , 2009 ,11:41 IST
Iam residing in a registered cooperative society under the MCS Act at Nalasopara. Can I file a complaint to the managing committee for the misconduct done by another member's son. What is the procedure. Kindly give your valuable suggestion. Rgds. Sathisan
Reply
  Reply by D.P.Karavade:October 16 , 2009 ,01:20 IST
You can of course file a complaint. There is no procedure. Write to the Secretary, detail out the misconduct and inconvenience casused by the culprit and ask the Secretay to take action. If it is a criminal misbehaviour, you can also complain to the police.
Padmakumar October 11 , 2009 ,16:58 IST
Dear Sir Please let me know the procedure to be followed while conducting election to a cooperative housing society at Dombivli
Reply
  Reply by D.P.Karavade:October 16 , 2009 ,01:22 IST
It is a lengthy procedure. Refer to the byelaws
vijay October 08 , 2009 ,22:17 IST
The building in which Iown a flat is one of the 4 wing having common wall between each wing and is having a one open terrace common to all. My wing got completed in 1991 and subcequently the others by 1995. Builder has deviated from the plan on one room tenements to shops in the ground floor(50% of the floor area). The cantt. board has not issued completion.Hence no conveyance or formation of society. Builder collects nominal charges to pay the electricity(lift) and water bills. What stand can the flat owners take against the builder and formation of the society to help maintain the building, cleanliness, security etc..- mr karavade dp
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  Reply by D.P.Karavade:October 09 , 2009 ,23:02 IST
If 60% of the flats are occupied/sold, you can ask the builder for form a society. If he refuses, you can form it with the intervention of registrar.
neel October 05 , 2009 ,18:15 IST
common terrace is leased by the builder in other companies name for period of 15 years prior to formation of society.Subsequent the society has been formed. Now what is the legal recourse as the society wants to take over the agreement. could you please provide me a specific act for the same
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sudhir October 03 , 2009 ,18:50 IST
Sir, Is right to information is applicable for issues related to housing Society? Also a member which is not on general body can take money from the treasurer for society expenses.
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Prakash October 03 , 2009 ,18:29 IST
I own an office in Pune. The complex is not yet completed in all respects and builder is yet to handover the completion certificate to the soceity to be formed. Some members have formed an ad-hoc committee amongst 4 or 5 members and have sent a notice to all owners asking monthly maintenance fees with retrospective date or threatening legal action under 1960 Mah.Co-Op Soc. Act Bye Law No. 58. Is it legal for them to do so and does an adhoc committee have the legal rights equivalent to a formally installed managing committee of a co-op housing soceity ? Kindly advise. Prakash
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  Reply by D.P.Karavade:October 05 , 2009 ,00:05 IST
Generally an adhoc committee is formed with the builder's initiative when the building is not complete but is occupied by a number of owners but the number is not sufficient to form a society (60%). This is done only for the purpose of carrying out day to day maintenace such as housekeeping, security etc. from which the builder wants to relieve himself. In that case, the builder makes an agreement with the adhoc committee and delegates limited powers to the committee. The committee collects contribution from the members to meet the day to expenses such as salaries, water and light bills. It is merely for the sake of convenience. But the adhoc is not a legal entity and it is has no legal powers. Any such arrangement made prior to the registration of society does not enjoy the protection of Maharashtra Co-op. Societies Act 1960 - karavadedp@yahoo.com
Suresh October 02 , 2009 ,11:21 IST
Dear Sir, Does Occupantant is liable for Recovery of Society dues under Section 101 of M.C.S Act 1960? Can you give me any related judgement?
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AnilTare October 01 , 2009 ,17:32 IST
We got the flat in the Society from the Court Recevier as per High Court & Supreme Court Order on December 2005 situated at Mahim, Mumbai 400016. Now there is no case pending in the Court and i am paying the maintenance cost since December 2005 till date and wanted to re-sale the flat due to my personal problem. And the Society is not giving the permission to me and not giving the answer of my letters and verbly telling that go and take the permission from the Asst. Registrar MAHADA. Now please help what to do?
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  Reply by D.P.Karavade:October 05 , 2009 ,00:37 IST
Give 15 days' notice in writing of your intention to sell alongwith the buyer's consent (both in prescribed format) to the Secretary. He is supposed to place the application before Managing Committe in its next monthly meeting and convey its decision to you in not more than 3 months from the date of your applicaton. If it is rejected, he has to give reasons for the same. If no reply is received within 3 months, the application is deemed to have been okayed. Go ahead and sell the flat then. Incidentally, you don't need the Society's permission for selling. Clear your dues, pay transfer charges, give notice as above and go ahead with the sale - karavadedp@yahoo.com
devidas October 01 , 2009 ,16:07 IST
after voluntary retirement cooperative Society receive cheque from person who take the loan against full amount of recovery, but he fail to pay, cheque bounse, Society complaint against guaranter and take decision from cooperative court for the recovery from guaranters salary, recovered 2 instalments, but not take any action against person who take loan, I am guaranter, Pl. guide in this matter.
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Suresh October 01 , 2009 ,12:25 IST
Dear Sir, Can second name holder of the flat (if jointly owned) attend & vote of the society's matters in the meeting.
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  Reply by D.P.Karavade:October 05 , 2009 ,00:13 IST
Yes, the second holder is deemed associate member and can attend meetings and vote
costa September 29 , 2009 ,15:02 IST
Does the cost of repairs for balcony walls of flats come under society expenses or individual flat owner?
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Costa September 29 , 2009 ,14:59 IST
Is compulsory open space required around the society building. Our society building has a car parked blocking movement of vehicle/people in the narrow side o f the bldg. Is there a rule ?
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sumit September 28 , 2009 ,12:23 IST
My housing society maint. charges are Rs.1625 per month. I had not paid the charges for the last 16 months. The society has the policy of charging 21% interest and issues bi monthly maintenance bills. In the last bill they have charged me Rs. 5600 as interest charges. Is this correct? How is the interest supposed to be calculated? Is it supposed to be Simple or compound interest?
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  Reply by Mrs.Banerjee:October 04 , 2009 ,09:13 IST
It is supposed to be simple rate of interest not compounded bye-law 72
PS September 26 , 2009 ,21:50 IST
We as a managing committee resigned after our tenbure was over. Nobody came forward to take over. Now some members got together and formed an Ad-Hoc committee and want to take over from us and have asked us to inform the bank also. They said they will haveb general elections after three months. Ours is a registered cooperative housing society for last 20 years. Is this ad-hoc committee a legal entity? Can we hand over to them? What can we do to make the members come forward and take the responsibility? Please reply asap. Thanks & Regards.
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  Reply by D.P.Karavade:September 29 , 2009 ,20:35 IST
First, you cannot just resign and go away. It is the outgoing committee's responsibility to hold elections and hand over charge to the new committee duly elected by the general body. The adhoc committee is not at all a legal entity and it has no authority to take charge and operate bank account. Your society being a legal entity is governed by the Act, rules and bye-laws. Only a committee elected by the general body meeting (its proceedings duly minutised)can take over. If the members are not wiliing to take over, warn them that the affairs will be handed over to the registrar who will appoint an administrator which is not a happy situation.
maria September 25 , 2009 ,16:07 IST
there are three joint share holders two of whom are present in the USA and the third share holder Of the housing society is present in MUMBAI is the third share holder eligble to attend meetings and cast his vote for the new committee..
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Dhananjay September 24 , 2009 ,19:33 IST
Where can I download the complete bye laws of Co-operative Housing Society with commentry on each law
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  Reply by D.P.Karavadedp:September 26 , 2009 ,00:04 IST
Bye-laws are not available on the net. They are constitution of a Society. Model bye-laws are available with housing federation or with statonery shops selling society stationery. They have to be adopted by the Society (General Body meeting) with or without changes. Changes can be only within the framework of the Act. But they are not the Act and as such no commentary is available - karavadedp@yahoo.com
yogesh. September 22 , 2009 ,13:14 IST
Can a managing committee ruling a society for more than 13 years can stand as a candidate in the election for the new managing committee.
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yogesh September 22 , 2009 ,12:43 IST
The managing committee of our society has been ruling our society for more than 13 years without any election. After the members protested, the committee agreed for the election. Now, the most important thing i would like to know is that, whether this present committee can nominate themselves for election or are they eligible for nomination/candidature in the society election for new managing committee. Kindly shed some light on this issue.
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  Reply by D.P.Karavade:September 26 , 2009 ,00:15 IST
The maximum tenure of a committee is 5 years. Thereafter new committee must be elected. Election procedure is given in the bye-laws. It is lengthy and time consuming but it has to be followed unless all members agree to elect members by voice vote. But this informal, there is no provision in the Act for informal election. The same committee members can contest election unless they are disqualified under Bye-law No. 118 - karavadedp@yahoo.com
arvindlimaye September 21 , 2009 ,16:04 IST
I want to make a conveyance deed of society. so i want a governemnt approved format of cenveyance deed. some one help me. Thanking you, arvind limaye
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arvindlimaye September 21 , 2009 ,16:04 IST
I want to make a conveyance deed of society. so i want a governemnt approved format of cenveyance deed. some one help me. Thanking you, arvind limaye
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Babu September 21 , 2009 ,11:40 IST
can the AGM of CHS pass resolution to discontinue issuing permission for leave and license in the society
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arvind September 20 , 2009 ,18:41 IST
dear sie/madam, does right to information apply to co-op housing sicieties? thanks and best regards. arvind dh_property@ymail.com
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T.K.Mohan September 20 , 2009 ,10:09 IST
Dear sir, One of our members who is a defaulter was allowed to pay in intalments by which the Managing committee has started deducting this amount from the principle amount.Nouw the principle amount has become nil and the balance is only the interest.The member agreed to pay it off soon.Some of the members objected this method of recovery. Kindly advice on this thnaks.
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Sanjay September 16 , 2009 ,15:26 IST
Dear Sh D.P.Karavade, As you have said that if flat is jointly owned by the members. then both members are having right to attend, speak and cast vote in the society's meeting. Can you tell me section number of bylaws of co-operative housing society ? As far as I know Sec 27(8) refers the same. Is it right ?
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Modak September 16 , 2009 ,11:33 IST
Dear Sir / Madam, Pl. give me advice reg the followings [Coop Hsg Society]:- [1] What steps to be taken to make the members to attend the meetings comoulsorily? Member's not attending & that's why meetings held are as good as MC and MC members are becoming dectetors. [2] Is the rep & main, elect bill etc of Lift is payable by the members of Gr & First Floor who are using the same very very occasionaly. [3] Is Member having right to receive the xerox copy of Conveyance Deed? [4] As far as health concern of all the members - is the Mobile Tower on the terrace will be a problem? [5] When the Soc is having more than enough fund [Receiving from Mobile Tower], Whether the MC should consider to reduce the Mon Cont?
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Sushma September 15 , 2009 ,22:51 IST
Under clause 72 of the bye law of the hsg. society mg.committee can charge interest upto 21% if approved by the gen. body. How is the 21%interest on monthly maintenance calculated. Is it cummulative interest? If a member has not paid maintenance for more than 12 months (say 15 or more months). How is the interest calculated for late payment of monthly maintenance? If a CHS has monthly maintenance of Rs500. If a member of the society has not paid the maintenance for say 15 months. Then, can the CHS with approval from the general body, charge RS7500 + Rs1500 = Rs9000 from the defaulter.
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  Reply by D.P.Karavade:September 16 , 2009 ,23:15 IST
What is the computation of Rs.1500? It is 21% per annum means 1.75% per month. It's quite simple. Dues of 1st month (say January) will attract Rs.8.75 in Feb. bill. In March bill it will be 17.50 (for Jan.) + Rs.8.75 (for Feb.) and so on. Better and easier way is link your interest calculation in the bill to the amount of arrears shown in the bill. Every month the amount of arrears will go up and so will the amount of interest. In the AGM you have to only get the rate of 21% approved. Rest is the committee's perrogative. You need not go to the general body every now and then. - karavadedp@yahoo.com
Chintamani September 14 , 2009 ,11:58 IST
Our bldg is 5 years old. Our society was formed 2 years back. In spite of repeated requests he is not giving us the OC and conveyance. What legal options are available to get the same ?
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avinash September 13 , 2009 ,11:27 IST
i have make a registred aggrement of flat in co-op hsg so with the owner for loan purpose. At time of aggrement the chairman and legal adviser of the so. said there is no need of resolation of the sale of the property for the agrrement. Meanwhle i have given paper notice for the deal. the owner also given a advertisemnt in news paper for the sail of the propoerty. The owner also paid the transfer fees. now one of the member of the so. say i am interested in purchasing the said flat. on this ground the chairman is not given me noc for final sail deed what should be my stand now.
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  Reply by D.P.Karavade:September 14 , 2009 ,16:17 IST
If you have already made a sale deed and registered it, where is the problem? You have already become an owner of the flat. Whom to sell a flat is the owner's prerogative and the society cannot object to it. For making a sale deed, you no longer need the Society's NOC. The seller can pay the society's dues and transfer premium, give intimation to the Society and go ahead with the deal. karavadedp@yahoo.com
divya September 11 , 2009 ,22:15 IST
in our society ?.Lift charges are being calculated according to per member. Now some people hv twin flats?n our secretary has 3 flats?now his 1 flat is on rent?n other members are doing the same?who hv twin flats ?one for self n one for rent?is it legal to charge lift charges per member in this situation??? Pls reply?. in our society?watchmen are allowed to stay in the building?24X7 who sleep at 12 in the nite?who has given place under staircase area for cooking and to keep his belongings?.he use firebridge water tank to wash his cloths, take bath?wash dishes?is it legal?
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  Reply by CHERIAN:September 12 , 2009 ,16:56 IST
LIFT CHARGES ARE GENERALLY CHARGED TO EACH FLAT OF THE SOCIETY IRRESPECTIVE OF THE NUMBER OF MEMBERS IN A FLAT. REGARDING THE QUERY OF WATCHMAN IT IS ABSOLUTELY WRONG WHAT YOUR SOCIETY IS DOING AND YOU CAN COMPLAIN TO DY. REGISTRAR
Solanki September 10 , 2009 ,13:54 IST
There was a case between two party for a property, in which the court has now rule that party-1 one had malacious intention of becoming the owner of the plot and a decree have be passed by high court that the owner of the property is party-2 and not party-1. During this time party-1 "false landlord" has entered into agreement and rent the place to tenent. Now party-2 intends to sell the entire property to a developer, in this case Would like to know that and agreement between tenant and false landlord(party-1) is valid or not and does the developer needs to compensate to the tenents or not.
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solanki September 10 , 2009 ,12:50 IST
I would like to know that who can be elected as the secretary and the treasurar of a Co-operative housing society. Can a person who is not the owner of the flat but is a relative (son) of the owner , be elected as a secretary or treasurar
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  Reply by D.P.Karavade:September 14 , 2009 ,16:08 IST
No. Only a member of the society can become a member of the Managing Committee and then can become an office bearer.
  Reply by Santosh:September 14 , 2009 ,15:06 IST
Any member of the society has right to elect the secretary and the treasuarar of a co-operative housing society. You should to check that the son of the flat owner has got any right i.e. proxy or any legal right got it.
umesh September 09 , 2009 ,16:53 IST
we have made the m-20 bonds as per provisions but have not submitted the m-20 bonds with the registrars office, please guide regarding this.
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Gangadharan September 07 , 2009 ,18:11 IST
I want to know as to whether a Society can claim interest on Maintnenance charges, which are due before formation of a Society.
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  Reply by D.P.Karavade:September 09 , 2009 ,23:45 IST
No. The adhoc arrangement made prior to registration is not legal becasue it is not a legal entity. It is a mutual arrangement. Legally, a registered society which is a legal entity cannot claim anything due prior to its formation.
Rajan September 06 , 2009 ,12:17 IST
1. Sir, Ours is a chs of 79 members. When we put some dues on the acct of any member and he refuses to pay then what is the next step? How to get that amt from him? 2.Our builder has excluded 12 shop owners from the membership of the socity. Now after 5 yrs of regn of socity what shall we do to make them members. Can we force them to be the members legally?
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  Reply by D.P.Karavade:September 09 , 2009 ,23:57 IST
(1) If the dues you are expecting are on a/c of charges decided by the general body, everybody has to pay. If any member does not pay, you can send 3 reminders and then approach the registrar for recovery under section 101 of the Act. (2) If the shops are part of your building and are using all your infrastructure and facilities, they are bound to be your members. You can ask them to become members of the society immediately by submitting application in prescribed format alongwith title documents (copy of purchase agreement and possession letter)and payment of share money (Rs.250) and entrance fee (Rs.100). If they refuse, you will have to intiate legal action for their eviction.
RAJESHSHAH September 05 , 2009 ,15:49 IST
If in a society ,the managing committee members have not submitted Indemnity Bond as per rules , what are the consequences, If not filed when the committee members were elected in 2006 then what is the solution now,
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  Reply by D.P.Karavade:September 10 , 2009 ,00:06 IST
Do it now. At least hereafter you will have no problems. The committee's decisions and actions will be valid and you will be on a sound legal footing if you have to initiate any legal action against any member - karavadedp@yahoo.com
Rahil September 03 , 2009 ,23:33 IST
I have purchased the flat in a Housing society at Bhayndar Thane, I have submitted application for transferring flat title on my name with transfer and membership fees along with it, please let me know the legal time duration that a housing society takes for transferring the title to new owner. Also if possible please tell about the documents which are required in transfer application do i need to submit original documents or true/xerox copies will do,my original agreement is with my Bank from whom i have taken the loan.
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  Reply by D.P.Karavade:September 10 , 2009 ,00:23 IST
If there is any problem in your application, the Secretary is supposed to inform you within 22 days and obtain rectiication. If there is no communication from the Society within 3 months from the date of submitting the application, you are deemed to have beocme a member. When you buy a flat in resale, you have to submit a full copy of your registered purchase agreement alongwith registraion receipt, set of transfer documents (which comprises one declaration on Rs.100 stamp paper and applications by transferor and transferee and nomination forms) duly signed by all, a copy of your loan sanction letter and payment of transfer fee of Rs.500 and membership fee of Rs.100. - karavadedp@yahoo.com
Wins September 02 , 2009 ,19:01 IST
Is it compulsory to file M-20 Bond by all the members of the Committee? Is it to be executed jointly or individually? What are the consequences of not filing it with the Societies Registrar? Can anyone send me the text of the M-20 bond to my email: w@wins.mp?
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  Reply by RAJENDRASINGH:September 21 , 2009 ,11:34 IST
If a flat no.202/A wingh in Mathura Complex CHS Ltd. purchased by Mr. Ram Kumar Sharma and Mrs. Kiran Ramkumar Sharma at Bhayander, then how much amount will be giving by them to the society as membership fees and as per which section?. RAJENDRA SINGH Can a Co Op. Hsg. Society change the membership fees individully.
Mathew September 01 , 2009 ,12:46 IST
(1)I have 2 flats in my own name. The first one was purchased in 2003 at a cost of rs.5 lakh. I want to transfer one of the flat in the name of my wife. What is the best mode of transfer with out any money transaction ? What is the income tax implication ? (2) If I sell the flat, using that money can I buy a flat/property in our joint name or solely in her name as a reinvestment with out paying capital gain tax ? (3) Can the money got by selling a flat can be used for buying land as reinvestment with out paying capital gain tax ?
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cmkirtane August 31 , 2009 ,15:17 IST
what are rights of an associate member in a co-op.housing society
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  Reply by floyd:September 04 , 2009 ,18:57 IST
pls mail me the rights of an associate members in a co-op hsg soc
VVJADHAV August 29 , 2009 ,23:55 IST
In an election of Housing Society; (1) what is the procedure of setting new Managing Committee if all the valid nominations are withdrawn? (2)What is the role of Returning officer in such situation? (3)What shall be done by the current Managing Committee? (4) To whom current managing Committee shall handover charge?
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VVJADHAV August 29 , 2009 ,23:55 IST
In an election of Housing Society; (1) what is the procedure of setting new Managing Committee if all the valid nominations are withdrawn? (2)What is the role of Returning officer in such situation? (3)What shall be done by the current Managing Committee? (4) To whom current managing Committee shall handover charge?
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divya August 27 , 2009 ,16:05 IST
If a society exicute M-20 bond but failed to do the following things: -to inform registrar within 15 days? -buy the stamp paper not in the society name but in the member's name? -witness means secretary forget to sign in the witness column? -Stamp paper bought for example on 18th may n office is assuming on 17th may? in all above technical grounds, can a member dismiss the mg.committee.
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  Reply by D..P.Karavade:September 01 , 2009 ,16:23 IST
First, a member cannot dismiss a committee. It is the prerogative of the registrar and that too within the provisions of the Act. Failure to inform within 15 days may invite action by the registrar if anybody complains. Other things are frivolus. Secretary can sign later on since the bonds anyway remain in his custody. Buying a stamp paper in the member's name is ok. Relax, these things don't matter unless some member is bent on making an issue of it out of personal grudge and resorts to legal procedure.
ASHOK August 27 , 2009 ,11:22 IST
Is transfer premium is payable in case of flat transfer from husband to wife as per model bye laws?
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Devendra August 26 , 2009 ,12:47 IST
My housing society has a borewell in its sole premises. Currently, the borewell is being used by another society which was built by same developer. Though the borewell is in our premises,we do not have acess to it. Can we disconnect its connection with the other society and start having access to it and use it. Would this be legal?
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P.K.Sahu August 25 , 2009 ,18:54 IST
Can any body become an associate members of the co-operative housing society even if he/she is not a joint share holder of the said flat? P.K.Sahu
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D.P.Karavade August 25 , 2009 ,17:10 IST
Where will I get the matter / contents of M-20 bond to be furnished by committee members? Does the bond have to carry photograph of the member and does it have to be notarised?
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Kishore August 24 , 2009 ,13:00 IST
What are the duties of a secretary ?
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  Reply by D.P.Karavade:August 25 , 2009 ,16:23 IST
Refer to byelaw No. 141 on page No. 40
Jaya August 23 , 2009 ,11:50 IST
I am a member of the society can my husband contest in the election instead of me on power of attorney or can he represent me if I get elected in the MC working and meetings.
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  Reply by D.P.Karavade:August 25 , 2009 ,16:21 IST
To my knowledge, only a bonafide member and associate member can have any say in the affairs of the society or contest the election to Managing Committee. Power of Attorneys and proxies are not valid under the Byelaws. If the flat is jointly owned by you and your husbnd he can very well contest the election. Otherwise he will have to apply for associate membership
pmassociates August 23 , 2009 ,09:24 IST
We are into managment of housing socities. As We were surfing for sme material on net we found your site and have answered some questions as per our practical experinec in this feild for over a decade.
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mayur August 22 , 2009 ,20:05 IST
If one member is not in position to agree with the some proposal and not in position to contribute the money for the same is it possible ?
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  Reply by D.P.Karavade:August 25 , 2009 ,16:27 IST
One member cannot go aginst the majority. Society decisions are taken by majority. Once a decision is taken and minitised, everybody has to fall in. Dissent can be expressed during discussions, but decision taken by the meeting is binding on everyone.
bharatmehta August 22 , 2009 ,13:01 IST
i have 1 flats in our society on my &my wife joint name now one flat inherited from my father after proper release deed from mother&brother deds were registered& stamp duty paid society refuse to transfer flat on my name telling that one member can not hold 2 flats in society. our society is at vileparle esat pl.tell me what can i do/
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  Reply by pmassociates:August 23 , 2009 ,08:47 IST
This rule of not holding mpore them one flat is now no more valid. In fact a deceleration has been prescribed in the bye laws for holding more then one flat - Model bye laws 61- (D) Restrictions on Holding more than One Flat- 62. Individual member of the Society may hold more than one flat, in the building/s of the Society in his name or" in the name of any of the members of his family .
moeziquadri August 22 , 2009 ,09:43 IST
I live in pune in a Co-operative Housing Society which is registered under Maharashtra Co-operative Societies Act. I have major leakage in my flat and the society refuses to repair the same. What should I do? Can I complain to the registrar of the societies or file a suit or stop paying monthly charges. Please help The leakage is caused by rain due to water dripping in the external part of the walls
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  Reply by D.P.Karavade:August 25 , 2009 ,16:36 IST
If the seepage is due to cracks on the external wall, the society has to repair it. All external repairs are the responsiblity of the Society. You can definitely complain to the Registrar but before that make sure that you have lodged written complaints with the Secretary and obtained his acknowledgement. If he refuses to accept, send by regd. post or courier. Send preferably 3 letters with a gap of about 10 days and then write to Registrar with copies of all complaints.
MANOJ August 20 , 2009 ,10:12 IST
TO MR. SV THANKS FOR YOUR REPLY FOR THE QUESTION RAISED ON 18.08.09 AT.9.53 IST. I WOULD FURTHER LIKE TO KNOW IN DETAIL - UNDER WHICH LAW OR SECTION I WON'T HAVE TO PAY THE TRANSFER PREMIUM, & ALSO CAN I GET THE ADDRESS OF THE REGISTRAR OF CO-OP SOCIETIES - I AM RESIDING AT KANDIVALI [W].
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MANOJ August 18 , 2009 ,09:53 IST
I have purchased 1 BHK flat from builder, in a society which is already formed 4 yrs ago. There are some unsold flats of builder in this society & the Builder is alreay paying maintenance for the same. Now when I have apparoached the Society with the Flat documents for membership, they told us to pay transfer amt of Rs.25000/-, but when I told them that the Flat was purchased directly from Builder then why should I pay the same. Secretary told that since builder is paying maintenance he is also member of society & any member selling the Flat is liable to pay Transfer amount. Then I approached the builder regarding this & he told us that you will never have to pay any Transfer money to the society as per law. Now the Soceity is not allowing me to enter the premises. Can you let me know whether I will have to pay the transfer amount of Rs.25000/- as per law. I am stuck inbetween the Society & the builder. Request you to revert ASAP.
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  Reply by SV:August 18 , 2009 ,15:09 IST
NO NEED TO PAY ANY TRANSFER PREMIUM AS YOU ARE A FOUNDER MEMBER OF THE THE SOCIETY. IF THE SOCIETY IS STILL HARASSING YOU, THEN APPROACH THE REGISTRAR OF CO-OP. SOCIETIES IN THE JURISDICTION WHERE YOU ARE RESIDING, WITH A COMPLAINT AND AN APPLICATION FOR MEMBERSHIP. YOUR APPLICATION FOR MEMBERSHIP WILL BE SEND TO THE SOCIETY THROUGH THE REGISTRAR.
Ninad August 17 , 2009 ,22:23 IST
Please provide me with detailed address of Registrar of CHS
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hitesh August 15 , 2009 ,23:41 IST
Our is CHS of 44 members consisting of 12 shop members and 32 flat members.society had constructed a borewell in the compound and money has been collected from all the members and even some money from society fund has been used.Now the flat owners are using the borewell water but they have refused to give borewell connection line to shopowners.Can they take such a stand against 12 members of the society.What action can shopowner can take against the flatowners who are restricting their rights to use borewell water.
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  Reply by pmassociates:August 23 , 2009 ,09:00 IST
In a Co-op Society each and every member has same right ir respective of the user being commercial or residntial. As a member of the socisty you can file a criminal case against the managing committee members for the stopage of use of water which comes under essential services.
K.Vishwanathan August 15 , 2009 ,12:20 IST
I own a shop having built up area of 250 sft. on the ground floor of a residential building at Thane.The society issued monthly bills calling "adhoc maintenance charges" @ Rs 4/- per sft.The society is not providing any services to the shops.Water is also not provided despite repeated requests for the same.Please let me know the legal validity for demanding such 'adhoc' charges?Is it binding on me to pay it?I have not been issued any communication by the society making me as one of its members.Thanks & regards.K.Vishwanathan,Thane.
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S.N. Dutta. August 11 , 2009 ,17:50 IST
Dear Sir, Our Society is not yet formed. No one knows when it will happen. I would like to individually pay Mumbai Municipality's property tax from 1/4/09, as builder says he has cleared all the previous dues, but not ready to share any documentary evidence with the flat owners.Please let me know can I do it. Thanks. With regards, S.N. Dutta. Mumbai.
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  Reply by pmassociates:August 23 , 2009 ,09:05 IST
Sir, You can form a co-op society if 60% of members agree. As to the municipal taxes if you have paid the outgoings / advances to the builder for miant & taxes it is his duty to make payments you may with soem members jointly write tot he Municipal authorities for details and in case of the failure by BMC to provide details you may also make application under RTI and also communicate with the builder in writing. Non payment of taxes if collected by builder is a criminal offence and unsihable under the law.
mahesh August 10 , 2009 ,17:22 IST
Dear Sir/Madam, Our society is situated in Pune, Maharashtra. There was a transfer of shares that took place between 2 brothers (family members) one & half year ago. The then committee charged only Rs. 500/- as transfer fee & no any premium on transfer. Was that right? The present committee now has issued legal notice to these 2 brothers & former committee members for recovery of premium (Rs. 25000/-) with 18% interest within 8 days otherwise, the notice says, a dispute u/s 91 will be filed. The said transfer has not been approved/ratified by the AGM yet. The matter was not brought before the GBM neither the 2 brothers, new member & former committee members were served show cause notice or chance was given to them for their explanation. Please guide.
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  Reply by pmassociates:August 23 , 2009 ,09:18 IST
Dear Sir/Madam, transfer of shares between 2 brothers (family members) does not attract transfer premium under the model bye laws. Please check defination of family Family' means Group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in law, brother? in-law, sister-in-law, daughter-in-law, grandson/daughter The then committee charged only Rs. 500/- as transfer fee & no any premium on transfer. Was that right? The present committee now has issued legal notice to these 2 brothers & former committee members for recovery of premium (Rs. 25000/-) with 18% interest within 8 days otherwise, the notice says, a dispute u/s 91 will be filed. The said transfer has not been approved/ratified by the AGM yet. The matter was not brought before the GBM neither the 2 brothers, new member & former committee members were served show cause notice or chance was given to them for their explanation. Please guide.
  Reply by SV:August 18 , 2009 ,15:49 IST
Yes, it is right. Pls. refer bye-law No.38. Also pls. note that the present committee cannot take any legal action againt you u/s.91 as claimed. But you take an advocte's help to file a Caveat Petition before the Co-opertive court, to prevent them from getting any interim order.
P.S.Patel August 10 , 2009 ,11:12 IST
if one member owns 2 flats in the same housing society. membership will be for twice or one time?
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ksmlesh August 07 , 2009 ,23:30 IST
we have co.op hsg.society and we have shopkeepers also in the building. They have 2 seats in the committee. They can do voting for their 2 seats. and hsg.residential has total 7 seats( 6 male + 1 ladies). can shopkeeper vote for 2 members only or they give total 9 votes? pl. clarify.
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c.s.sadwilkaf August 07 , 2009 ,14:35 IST
recently one of the member has taken as an associate member and at rhe entry he has asked for the record of last 12 years with the attestation signs on each of the paper, as a post holder what is to be done? is there any restriction for the period of record that society has to keep?
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manesh August 05 , 2009 ,21:24 IST
Dear sir,our society bldg has 15 flats and I am paying my maintaince regulary and on time but 14 flat members has diceded to lock the lift for 6 hrs(12pm to 6pm) and we our on 4th floor can I take any legal action against society as our family includes aged person,patient,small children.
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  Reply by vaibhav:August 15 , 2009 ,10:43 IST
consult with the federation, they will help you.
  Reply by tiwari:August 06 , 2009 ,13:25 IST
Pl. give farmet me minutes of agm and whethter as per law in require atendence sheet of members be circulat @ with minutes.
Ghatalia August 02 , 2009 ,12:49 IST
Dear sir, The sectretary of the society says that I am not entitled to a copy of the conveyance deed even though I am one of the original members. She refuses to give it to me. Please advise the legal provisions under which I can claim a copy of the same and also of the other documents executed by the society and the various permits obtained by the society.
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anil July 30 , 2009 ,10:00 IST
Dear Friends, in our society elections 11 people were elected to form the managing committee. The new management committee has appointed 2 other members of the society as honourary consultants without describing as what contribution they would making to the committee. My question is whether the managing committee can pass a resolution in management committee meeting for appointing the consultantswithout taking the members of the society into confidence. 2) The managing committee has also paased a resolution in the management committee meeting to reduce the strength of the current security personnel in order to reduce the costs,which looks like playing to the gallery. Do they have such rights to pass a resolution in the management committee meeting without taking the other members into confidence. Any legal case laws pertaining to above would be very useful.
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MansoorKachwala July 29 , 2009 ,19:27 IST
1.Whether registration of sale agreement is mandatory. 2.If flat purchased prior to 01-12-1985 from the developers by way of allotmant letter and agreement of sale.Stamp duty paid nominal Rs. 100/-. But after formation of society in 1984 the conveyance not transferred to society. Whetehr member can be called upon to pay stamp duty as per market value from his pocket for facilating conveyance to be executed by the developer in favour of society . Assuming the stamp duty is liability of society. what happens if few members do not co-operate in getting their agreemnt duly stamped for effecting conveyance in favour of society.
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R.Mahendran July 27 , 2009 ,17:26 IST
Please let me know when should the increase in the maintance charges from the financial year 2009-10 as resolved the AGM in July 09 be effected. Should it be effective from April in which case they should collect the arrears or should it be effective only after the AGM date. Please clarify.
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Gurubaran July 23 , 2009 ,15:14 IST
Let me know the maintainance chgs for terrace attached with flat is chargeable or not? The problem is that the common terrace was sale by builder to the terrace attached flat owner. I am awaiting for reply
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jugal July 22 , 2009 ,22:33 IST
with my flat attached a pocket terrace on 1st floor without a parapet wall,i had covered my open space by roof and now they are declaring a charge of Rs.350/month, so is this applicable as per rules or not. Reply.
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dharmendra July 22 , 2009 ,19:14 IST
i had purchased a flat in nallasopara secretary says not to install any dish on terrace as it leads to leakage. where as two people just installed dish . he is not taking action against him. i asked him to show me where society had passed in writing that dish is not allowed/. secretary is imposing his views where to approach and wht are society rules
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Renuka July 20 , 2009 ,10:27 IST
In our society from Bank by self chq Rs. 40000/- withdrawn by fraud signature as per secretary & The chairman & they collected Rs.3000/ from all memebrs under the head service charges extra for this. They denied to go to consumer court & deny to show me letter to bank about such fraud matter. They charged Advocate fees of Rs.5000/- for drafting this letterin Income & expenditure account. what action agaist whom & cost?
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sanjiv July 19 , 2009 ,18:13 IST
with my flat attached a pocket terrace on 3rd floor without a parapet wall. can i put a railing and grill for my family safety purpose on it. also i want to put a weather shed on the grill. wheather it is allowed.
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  Reply by sadhana:August 07 , 2009 ,23:10 IST
You can put a railing for the safety purpose but you can not cover with wheather shed amounts to covering the area and use of FSI. It can be done only if the Society permits you to do so and als0 if BMC grants permission and approves the same. You have to pay assessment taxes for the area covered with wheathersheet.
P.Kezhukkuttayil July 16 , 2009 ,00:25 IST
One member of our society built grill installation on the floor which is part of soc. premises with out committee permission.What legal action can be taken against that member? Please reply.
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  Reply by Sadhana:August 07 , 2009 ,23:12 IST
file a complaint to BMC for encroachment of the area. give notice to the person to remove the grill.
Parul July 15 , 2009 ,11:15 IST
We had not got the share certificate from the society. They have a objectionn on our office type furniture at our residence. We are computer consultants and our engg. comes to our premise and report to us. We have office activities at our customer's place & not at our residence. Can society have objection on our furniture?
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PRATHAMESH July 13 , 2009 ,17:42 IST
what is the rules to be obtain at the time of taking election of after expiry of old managing committee's tenure and our tenure will be expire on 03.08.2009, when we shall take election
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NAIR July 13 , 2009 ,17:39 IST
What is the text of Bye law 18 of Maharashtra Co-operative Societies Act 1960?
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MAHESH July 07 , 2009 ,10:26 IST
is premium payable to society for transfer of flat from husband to wife in a co. op. hsg. society in Mumbai?
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  Reply by pmassociates:August 23 , 2009 ,09:19 IST
Family' means Group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in law, brother? in-law, sister-in-law, daughter-in-law, grandson/daughter ( no transfer presmium is pyable if falling within the defenation of family)
  Reply by ukss:July 29 , 2009 ,15:09 IST
No transfer premium payable in your case
hiranandani July 03 , 2009 ,04:32 IST
since last four years the managing comitee is selected ,not elected,the new comitee has not shown the indemnity bonds but states they filed whithen (3} months as per the advise of auditor,and claim to be legally correct,the same auditor has approved the transfer of flat in the name of an UNREGISTERED TRUST without showing it a discrepancy in last audit,how /and whom to report this matter to reinstate the law and order
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saja July 01 , 2009 ,15:15 IST
I have flat of 590 sq ft. in Kalyan. I pay maintenance charges Rs, 295/- per month. Another resident of same building having flat 700 Sq. ft & paying maintenance charge Rs. 350/-. Please suggest any clause of Maharashtra co-op Housing Society Act which gives information regarding this. If so please mail me on aruna@dicitexdecor.com
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shubhangi June 30 , 2009 ,17:36 IST
Kindly forward me the copy of M 20 form which is required to be submitted by each managing committee member. And also provide me the further line of procedureon getting the society registered.
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  Reply by D.P.Karavade:August 27 , 2009 ,18:52 IST
Please send me your email id. I will mail the matter and the procedure to you
  Reply by mohan:July 11 , 2009 ,17:03 IST
kindly furnish a copy of M-20 bond and on what cost of stamp paper is required for the same. - from : mohan kamerkar
shubhangi June 30 , 2009 ,17:36 IST
Kindly forward me the copy of M 20 form which is required to be submitted by each managing committee member. And also provide me the further line of procedureon getting the society registered.
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  Reply by V.P.MAHAJAN:July 13 , 2009 ,18:13 IST
pl send your email id alongwith the detail of society
ram June 30 , 2009 ,12:49 IST
are there any maintaince charges for pocket open terrace attached to the flat send the copy of order passed by the registrar
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Trilok June 26 , 2009 ,18:54 IST
I am staying at Jeevan mangal building at charkop, by daughter aged 10 yrs is suffering frm celebral palsy & is not able to make any movements including getting up the stairs. we do not have an evevator in our building . pls advise as to how we can install the lift at our bld. many of the members r not co operating in the matter. is there any way by which u can help. thanks & regards, trilok thaker.mumbai, ph 9869472873
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Pankaj June 15 , 2009 ,19:19 IST
Point 1: We have Apartment where i have 2 flats Both flats are in the name of Husband and wife with 2 seperate aggreements. For formation of Society or Apartment, we will be considered as 1 member or 2 members? Ponit 2 We have total 12 flats . but owners are 7 familys. but some of the flat has 2 owners ( e.g. husband and wife together owns 2 flats as described in point 1. If we count them as individual flat owner as per point 2 then we will become 10 members so that we can directly go to registrar for society formation. Can you clarify me wheather we will be counted as 2 owners or single owners
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  Reply by Thomas.V.K.:August 01 , 2009 ,12:31 IST
We have Housing Co-op.Soceity(newly formed) where we have 2 flats Both flats are in the name of "Daughter & Father" with 2 seperate aggreements. In the Sale Agreement Daughter's name first and Father's name second. We want to know whether we will be considered as joint owner of the Flat. In the Sale Agreement Daughter's name first, hence she is the only Owner and Father's name is second, hence father is not owner or what, what is his powers. Whether we are both are having Ownership as well as membership. It means we are both Owners of the Flat and can become the Member of Committee of the newly constituted Managing Committee of our Housing Co-operating Socieity. Please enlighten the powers of the joint owner of the Flat in the newly started Co-operative Housing Society.
P.H.Rao June 15 , 2009 ,13:42 IST
Kindly reply can a member having a flat of 350 Sq foot keep a car parked in the society premises.
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pritesh June 12 , 2009 ,13:04 IST
as per maharashtra co-operative society act can associate member after death of original member participate in election?
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  Reply by p.b.pawaskar:June 29 , 2009 ,12:06 IST
please let me know the rights of associate member after the death of original member and how only one son can get the ownwrrship of the flat as other sons and daughters have their own flats and wife has her own flat. thank you
deepak June 11 , 2009 ,16:58 IST
our society is build by the tenant and classification given at the time of registrtion was tenant co.partnership housing society. we have not adopted new bye laws. society had alloted me open parking space against deposit of rs. 5000/- i had receipt for the same. can i sale this open parking space alloted to me at the time of sale of my flat? pls. guide me. otherwie my money will go waste ( Rs. 5000/-)
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Riturajj June 10 , 2009 ,09:44 IST
Sir, My mother was a memeber of a Co-op Hsg society. She died without filing a proper nomination. the Society is now asking us to procure Heirship/succession Certificate from Court. What is the Correct Procedure to follow in such cases.
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  Reply by a.d.nerurkar:October 01 , 2009 ,22:23 IST
Your mother died. You should have approached federation. In that office of at Tax-print fort office you will get set of document. Please fill up and give it to the society. Your job is done. relax.It is very simple.
  Reply by D.P.Karavade:August 26 , 2009 ,11:06 IST
It is a short but legal procedure. You will have to engage a lawyer for that.
  Reply by ANANTKOLI:August 02 , 2009 ,14:58 IST
please give directions.
SamirSawant May 28 , 2009 ,18:37 IST
Our Society is functioning without any election for years, the present committee is an Ad-Hoc Committee and is very arrogant. The society is giving us monthly bills for maintenance which carries a registration number of the society and the year (1981). However, when we approached the Registrar to seek details on the documents submitted by our society, he replied back in writing saying the "Said society is NOT registered with our office". Our Building is in K/West and We had approached the Dy. Registrar of Co-op Soceities @ Bandra East. We are really confused now. Are we paying our monthly bills to a housing society which is not even registered ? If the society is not registered with the Registrar's Office, then how come the Society is giving us monthly bills/Share certificates/Circulars which carries a society registration number ?
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Joe May 27 , 2009 ,19:18 IST
The society security guards have been employed for years and have become ineffective and lazy. Such a long period of service appears to be risky considering their knowledge on the timings and family routine. What is the best practice regarding maximum acceptable length of service for security guards in one posting
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prakashpatki May 25 , 2009 ,23:21 IST
Maharashtra Cooperative Socieies Act has been recently amended by inseting new clause vide Sec 73(1)AB. To which type of societies is this amendment applicable ?
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  Reply by chandrakant:May 27 , 2009 ,13:04 IST
As per Maharashtra Societies Act 1960 section 73(1AB) and as per Rule 58-A 0f Maharashtra Societies Rule 1961 applicable to all cooperative societies in Maharashtra who are registered under the above mentioned Act,Rules and Bye-laws and and who are using the word "COOPERATIVE" all comes under the above mentioned law.
Srinivas May 23 , 2009 ,16:08 IST
The Society Security Guards are very ineffective in protecting the property and the vehicles in the premises. In spite of repeated notices to society, ther was no improvement in the situation and i had to go through a lot of troubles. In what way can i ensure to set the situation right. Can i stop the monthly maintenance after service a notice to the society for the reason.
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Mayurshah May 22 , 2009 ,00:40 IST
Ours is society having 42 Bunglows & 92 flat, Original Application was done by promotor was for Tenant Co Partnership, but Registar has issued certificate for Teanant Ownership, from '86 to '94 construction of all bunglows & Flat in two story building took place. inspection was carried out by Registar's office & due certificate from them was also issed. Suddenly Dec.2008 Registar has sent notice to Society saying they have registraion for only 15 Dewaling House & flat which is Multistory Building is Ilegal as Registraion is done as TO ( Tenant Ownership ) When approched Personally by flat members registar is asking to get proff for change from TO ( Tenant Ownership ) to TC (Tenant Co Partnership) We all memebesr 42+92 = 134 has been issued share certificate for Rs.250 each. What shold we flat owner should do to protect our interest.
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jasbir May 21 , 2009 ,05:35 IST
Sir, Is it necessry to take NOC from the Society? (of lease hold plot holders to transfer my interst and right ).If I have asked for NOC on plane paper ,then till what period I have to wait for their reply? If I apply for Membership and on plain paper and the Soc Doesnot reply me Do I become the member after what period? I have paid by draft as transfer fees and cheque for Maintainance charges and I have all the acknowlegements but the soc has not replied nor send me the draft and chq back and neither they have encashed it? Please guide me
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GUWALANI May 20 , 2009 ,22:06 IST
sir our so.was borned about 40 yers ago ,20yers my father was sec. after that one person mr manohar wadhwa has takeover the mangement now our so. is in thundering position evryone(30) have seprate water connection , buliding structure is vibrating what can we do now please sugest us or appoint gov. man to conitiniu our building mentananse?
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SAM May 15 , 2009 ,09:20 IST
sir what is Sub-section (2) of section 731D of the Maharashtra Cooperative socities Acr, 1960
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  Reply by chandrakant:May 21 , 2009 ,12:53 IST
MCS Act 73-ID(2): The requisition of such special meting shall be signed by no less than one third of the total number of the members of the committee who are [entitled to elect president, Vice President, Chairman Vice Chairman, Secretary Trasurer or any other officer, as the case may be, of the committee] and shall be delivered to the Registrar. The Requisition Shall be Made in such form and in such manner as may be prescribed: Provided that no such requisition for special meeting shall be made within a period of six months from the date on which any of the officer referred to in sub section (1) has entered upon his office.
S.B.Hirekhan May 13 , 2009 ,19:42 IST
Pl. guide us about own fund calculation for CD RATIO and own fund calculation for deposit to be accepted i.e. 10 times of such fund. mail Id : info@navinsubhedarps.com OR sewak58@yahoo.co.in
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Mahendra May 06 , 2009 ,16:33 IST
Open space can be sale
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  Reply by Chandrakant:May 21 , 2009 ,12:12 IST
Open space arround the buildings in the society premises, Stilt car Parking, Terrace attached with flats/common terace ,common passage or any common amenities can not be sold by any person,either Builder or society, and no member has sole right on the common amenities mentioned above the above same mentioned are property sole property of the society.
Mahendra May 06 , 2009 ,16:31 IST
Please send me the Procedure of transfer the flat on nominees name after main owners death.
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godbolesmita May 03 , 2009 ,17:21 IST
I am reciding in a flat in CHS. Members say that I cant't take tuition for japanese language as it will be commercial use. I am not working in any company outside and I am not employing any other teacher also.There is no lift or any other expenditure society has to bear.
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Balakrishnan May 01 , 2009 ,15:51 IST
My building is having only seven flats. Can it become a registered cooperative housing society? If so what are the formalities I should complete? Thanks
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Balakrishnan May 01 , 2009 ,15:51 IST
My building is having only seven flats. Can it become a registered cooperative housing society? If so what are the formalities I should complete? Thanks
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amol April 27 , 2009 ,16:15 IST
Can a Registered Society recover Arrears and outgoing money from the member of the society? under which provision?
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  Reply by chandrakant:May 21 , 2009 ,13:59 IST
inder section 101 of Mcs Act 1960 Society can recover Arrears and out going money member from Member of the society.
sarwan April 25 , 2009 ,10:11 IST
Under clause 72 of the bye law of the hsg. society mg.committee can charge interest upto 21% if approved by the gen. body. But in case gen. body resolves delay charges @21% instead of interest charges,what is the legal view as bye law does not permit for delay charges .I invite legal views on the same. thanks Reply
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kritika April 25 , 2009 ,07:47 IST
can a 2 joint holder in a property lease the propety in this case the wife when her husband is out of town, without his signatures or power of attorney.
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soni April 22 , 2009 ,10:41 IST
where will i find the nomination forms and the form for associate members with the required procedure .
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  Reply by chandrakant:May 21 , 2009 ,14:03 IST
You can get nomination fors and the forms for the associate members from your society office or otherwise from the Housing fedration situated at fort Vikad Building 1st floor, Mumbai.
  Reply by dalip:April 28 , 2009 ,06:44 IST
Form 7A can be procured from stationary stores who keep legal documents
  Reply by swati:April 26 , 2009 ,17:49 IST
u can get it from the society record.
Sonia April 21 , 2009 ,23:22 IST
I am staying on a leave and licence agreement in a housing society in andheri since 3 years. The Society had provided an NOC initially. Is NOC required from the society if I am renewing my agreement with my land lord. Can the society refuse the NOC?
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Sonia April 21 , 2009 ,23:22 IST
I am staying on a leave and licence agreement in a housing society in andheri since 3 years. The Society had provided an NOC initially. Is NOC required from the society if I am renewing my agreement with my land lord. Can the society refuse the NOC?
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  Reply by ADVOCATEdave:May 06 , 2009 ,17:16 IST
At the time of renewal you have to take fresh NOC from the society. you have to submit the police verification report and your registered Leave and Licence Agreement too. If society refuse for the NOC, in that case you can ask for the reasons, in writing.
sharma April 11 , 2009 ,14:08 IST
Under MCS Act 1960 what is the provision for proxy voting,and how many votes owner of more than one property in the co-operative society can maximum cast in the society elections .
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  Reply by D.P.Karavade:August 27 , 2009 ,18:59 IST
MCS Act 1960 does not provide for proxies. Only the bonafide members can vote. One member one vote
Janak April 09 , 2009 ,21:37 IST
Kindly let me know how much premium is payable to a housing society on transfer of residential flat. Our society is in Kalyan (West). Our Society maintains that it must be 5% on the sale value without any upper ceiling which seems to me as substantial. Society does not accept anything lesser than 5% and is adamant even to hold special AGM to sort out the matter. Thank you much for reading this but matter most urgent please.
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  Reply by D.P.Karavade:August 27 , 2009 ,19:16 IST
Transfer premium is not related to agreement value. It is governed by byelaw No. 38 (e) ix and subject to relevant circulars issued by the Govt. of Maharashtra. Currently, the amount ranges from Rs.5,000 for gram panchayats to Rs.25,000 for metropolitan areas. The amount has to be decided by the general body meeting but cannot in any case exceed Rs.25,000. Society can also not ask for money in any other form.
joe April 08 , 2009 ,22:43 IST
Hello Reader, please let me know the procedure required to transfer the flat in my wife's name after the death of both of her parents? what is the formalities we have to fulfill in order to do so... The flat is in it is a registered society in thane District. Would there be any fee involved. If yes, then how much. Can we do the procedure without involving a lawyer? The nominees for the flat are me and my wife. But in the WILL my father in law has mentioned only my wife's name. Will there be any complication. Thank you for reading. I will greatly appreciate any positive input to enlighten me in this subject.
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  Reply by HARESH:June 06 , 2009 ,12:36 IST
IS THE NOMINEE REQUIRED TO PAY THE PREMIUM ON TRANSFER OF SHARES AND INTEREST -PERTAINING TO TRANSFER OF SHARES IN HER NAME AS THE NOMINEE
francis April 07 , 2009 ,16:28 IST
sir i would like to know that my society was registered in the year 1992 but the people in the society have taken money in case of transfership but the people in the society dont show any balance neither they want to talk about it or tell anyone about it...when ever they take maintance from the renters they dont give a bill...they have not kept any records about the expenditure to prove their statement....their are 12 flat from where 4 flat are tenats staying on rent....the person who is on papers as a chairman tell that he is no more a chairman he has give that post to someone else verbelly not on papers is this allowed...the 8 flat people fight among them self to become a chairman,do they have any right now ,it is since 17yrs they have not maintained any record of any thing....if we dont want anyone to become a chairman can that happen,because people want to become a chairman to eat money......if we complain to the chairman about anything he doesnt take action .....what can we do
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neha March 29 , 2009 ,12:21 IST
sir, I want to know abt rasistration process of co operative society
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  Reply by chandrakant:May 27 , 2009 ,13:18 IST
Refer Maharashtra cooperative Societies Act,1960 section (6),(7),(8) & (9)You will get the Answer as per your Requirement.
  Reply by bhavesh-shah:May 13 , 2009 ,18:35 IST
go to registrar office i.e.GPO (Malhotra House) & new office at vadala collect the annexure & application form fill the forms & submit with the registrar & then registrar may call for registration fees & stamp duty (Rs.2500/-) & if require. ask for some bond & then finally with in 12 weeks i.e. 3 months they has to give a registration certificate or reason for non registration (registration may or may not be with the co-operation of the builder) documents required at the time of registration society has a bank account in the name of proposed society minimum 10 members in the society. agreement of sales to be stamp duty paid agreement & registered. xerox copy of the agreement. any difficulties do not hasitate to call on 9869729066.
manisha March 20 , 2009 ,14:30 IST
i want to registered the Association how? and which form i have to fill
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Harish March 16 , 2009 ,16:36 IST
Dear Sir/s, We have a total of 34 members in our society and in the election for committee members held in Nov '08 a total of 6 members including myself contested for the election out of which 5 of elected to the committee. I would like to mention that I was the only female contestant for the election. Please furnish me with the following details as per the bye-laws of co-operative societies act: 1. In our society of 34 members, what is the minimum number of committee members required and the positions held (viz.a.viz President, secretary, treasurer and committee members)? 2. Is it compulsory to have one female member in the committee whether elected or not?
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  Reply by srnair:July 22 , 2009 ,16:45 IST
would like a copy of the reply
satprit March 16 , 2009 ,10:03 IST
Can you send me rules / rights and duties of the President / Vice-President/Secretary / treasurer and members of the Co-operative Housing Society in Mumbai
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hiranandani February 27 , 2009 ,16:50 IST
since last 4 years the society is in the hads of oppertunists who nither have filed the indemnity bonds nor held elections,they have transferred a flat in th name of an UNREJISTERED TRUST which is conducted by one of the comitee member,the chairperson transfered her aunts flat withut paying any stampduty or documents in her own name.even the audetor appointed by them has not mentioned any irregulation.can any one give the e mail /phone no of rejistrar of societies k west ward.thanks
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  Reply by D.P.Karavade:August 25 , 2009 ,17:29 IST
You have listed lots of irregularities. They all qualify for the strict action against the committee. Write detailed letter to the registrar and he will dissolve the committee and appoint an administrator for the very first failure that they have not filed M-20 bond. He can also act against the auditor. If you complain to the Institute of Chartered Accountants, even they will act against him, provided he is a C.A. Get the registrar's address from the telephone directory or from the district housing federation. You can also get their addresses from other societies in your vicinity.
hiranandani February 27 , 2009 ,16:30 IST
since last 4 years the society is in the hads of oppertunists who nither have filed the indemnity bonds nor held elections,they have transferred a flat in th name of an UNREJISTERED TRUST which is conducted by one of the comitee member,the chairperson transfered her aunts flat withut paying any stampduty or documents in her own name.even the audetor appointed by them has not mentioned any irregulation.can any one give the e mail /phone no of rejistrar of societies k west ward.thanks
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venkatesh February 24 , 2009 ,15:43 IST
Dear sir, Let me know what are the rights and powers of the secretary/chairman/Treasurer/and vice-chairman/vice treasure/ because we r facing some conflicts in our society. Pls reply
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  Reply by Akash:July 02 , 2009 ,07:23 IST
If you have received any reply to your question on the rights and duties of all office bearers of hsg soc, i would request if you can mail the same to me. even i am facing similar problems
  Reply by anju:March 16 , 2009 ,09:58 IST
If you have received any reply to your question on the rights and duties of all appts of hsg soc, i would request if you can mail the same to me. even i am facing similar problems
venkatesh February 24 , 2009 ,15:42 IST
Dear sir, Let me know what are the rights and powers of the secretary/chairman/Treasurer/and vice-chairman/vice treasure/ because we r facing some conflicts in our society. Pls reply
Reply
  Reply by D.P.Karavade:August 25 , 2009 ,17:22 IST
The bye-laws do not provide for such posts as Vice Chairman, Vide Secretary or Vice Treasurer etc. There are only Chairman, Secretary and Treasurer. While the treasurer is responsible for all money matters, the SEcretary has to shoulder the lion's share in running a society. Apart from all routine functions, he is responsible for all legal compliances. The functions of these 3 functioneries and of the whole committee are covered by Chapter XI in general and bye-law Nos. 138 to 141 in particular
sudhir February 09 , 2009 ,23:33 IST
my society in mumbai is compelling me to undertake repairs of a structural defect in the slab of my flat at my own cost , & not ready to repair it at its own cost , what action can i take against this society ?
Reply
  Reply by chandrakant:May 21 , 2009 ,12:35 IST
structural Repaires Means R.C.C.Slab, Columns Beams as well as any structural elements to be repaired by the society as per MCS Act Rules and By-laws.
nandu February 04 , 2009 ,11:10 IST
The MCS amended rules 2002 are they retrospective? my late father who was the honorary director for a cooperative bank in early 90s has been issued with the show cause notice for irregularities, now is forwarded to my mother who is ill with cancer. Where does the liability end? Do the honorary members have indemnity insurance? Nandu
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PRAKASH January 29 , 2009 ,16:07 IST
Dear Sir, Kindly guide me on the following rare instance: One of our society (Thane, Maharashtra) member had filled up the Nomination Form. In which he has filled in following manner- nomination \"his wife 100%, son 100%, daughter 100%, another daughter 100%\". He has not submitted any Indemnity Bond yet. But the main thing is that , he has only communicated us that the nomination will pass one by one in case of his death in the above given order. Means in case of his death nominee will be 100% his wife. If wife is also dead then will passed to his son 100% & so on. I want to know if this is legally allowed i.e. more than one nominee & one after another without any written intimation. And if yes what is the legal procedure & documentation required to submit to the society.
Reply
  Reply by D.P.Karavade:August 25 , 2009 ,17:09 IST
How can 100% ownership be passed on to 400%? Nomination has to be for 100% split into as many family members as he wants. But he cannot nominate for his successors like wife and sons. If he nominates 100% to wife, after his death his wife will decide whom and how much she should nominate. If he nominates more than one person (total not exceeding 100%), all nominees have to furnish a bond on Rs.200 stamp paper as memtioned at the bottom of the nomination form.
ThanaSociety November 18 , 2008 ,19:06 IST
What should the Society do if the bonafide dues of the Society (from some non members)are collected by an illegal association? The non members are enjoying all facilities that a member enjoys..
Reply
  Reply by ADV.SHAIKH:July 19 , 2009 ,00:53 IST
APPROACH THE COURT AND INITIATE PROCEEDINGS FOR A STAY ORDER, TAKE ACTION AGAINST THE OCCUPANTS U/S 101 MCS ACT, APPLY FOR RECOVERY OF FLAT FOR BREACH OF AGREEMENT.
meena.jairam November 08 , 2008 ,00:32 IST
what is the consequence if society has not recieved full charge from out going sectrary and there are serious breach of trust issues to be sorted out which emerged only in process of partial charge hand over?
Reply
Ranjit October 01 , 2008 ,18:15 IST
What is the amount of Franking do we need to make on M20 bond?
Reply
  Reply by Hema:September 10 , 2009 ,23:11 IST
What are the responsibilities and the rights assigned to a returning officer of a co-operative housing society?!
  Reply by swati:April 26 , 2009 ,17:50 IST
Rs.200/-
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