We Run Societies

Dear sir,
Our society is charging "festival charge " under maintenance charge. The society is claiming that ,though it is not a society by-law, but as the AGM as decided to charge this with monthly maintenance invoice,therefore it is bound to every flat owners. Can they compel me to do that? If not,then please forward me the address details of cooperative deputy registrar fo Thane, Mumbai area.

Dear Amit,

No, the managing committee has limitations. They cannot decide every rule weather it is at the committee meeting or at the AGM. Also, be aware that not everything is driven by the cooperative bye-laws. General civil rules and regulations of the land is applied which the society management cannot change.

You can apply to the registrar immediately and inform him to take suitable action.

It is always better to settle matters at society itself. If unresolved, you can approach the dep registrar along with details of written communication.

Address for society offices of Mumbai are here:
http://societyhive.com/Helpdesk/Question/Society-registrar

Dear Dear ,
We have APEX body of seven housing societies and we get the monthly bill as APEX charges along with other charges. APEX is spending all his collection fund on two festival only . Will bye law allow this ? how we can stop ?

The decision to charge festival charges along with the monthly maintenance fee was taken in a general meeting and has been minuted. I wrote to the cooperative deputy registrar regarding this issue and asked for his opinion. He informed me that the procedure was followed correctly and I am bound by the society decision. He has not put it in writing his decision.

Dear Sir,
Can housing committee collect legal fund from flat owner by deciding about the collection in AGM? I have no moral support on the lagal cases the committee is proceeding. Even the committee gave me a letter from their lawyer to stop to feed two sts. I won the stray issue. Yet through my point of view now they are harrasing citizens for their benifit by the legal charges collected from flat owners. My questions are following:

1. Is it my civil right to not to support any legal procedings by finalcial help?
2. Can committee compel me to pay money for the legal issues without my moral support and faith?
Please answer.

Dear Binthu,

No, there is no provision for such a fund.

Dear Sir,

Our Society in Bhayandar (east) Mumbai have decided to install CCTV and Inter-com system. The total cost involve will be equally divided and collected from members. Some members are not in favor of this. What to do. Society is newly formed have no funds. Please advice thanking you

J Dhami

Sir
Please advise us , our society got registered under Gujarat society act and un knowingly about the by laws fully promoters used the maintenance fund in celebration of Festivals that approx 4 Lakh .Its objected by Govt auditor . whats re the legal points involved in it and how the matter can be solved . Please guide us and help us

Society cannot charge or demand money / donation for the Cultural/Festival Expenses from their members/residents. The Society cannot implement such Resolution in AGM / SGM and put burden of contributing any money on all the members including the members who are not interested to participate, even though such Resolutions are passed.

For Social, Cultural or Recreational activities; Society should use the reserve fund as described in Byelaw 147(b)iii, iv and utilise it as indicated in Byelaw 5(d).
Byelaw 147(a) After providing for the interest upon any loans and deposits and after making such other deductions as required under Section 65(1) and 66 of the MCS Act 1960 and Rule 49A of MCS Rules 1961, twenty five percent (25%) of the net profit of all the business carried on by or on account of the Society, shall be placed at the credit of the RESERVE FUND of the Society.
Byelaw 147(b) The remaining seventy five percent (75%) of the net profit of the Society shall be utilised as provided under Rule 50, 51, 52, 53 of MCS Rule 1961.
Byelaw 147(b)iii To allocate to a Common Welfare Fund, such part of the profit as the Annual Meeting of the General Body may determine, to be utilised in furtherance of
Byelaw 147(b) iv the objects specified in the bye-law No. 5(d).
Byelaw 5(d) To undertake and provide for, on its own account or jointly with a cooperative or Other Institution Social, Cultural or Recreational activities.
For RESERVE FUND; Please refer Byelaw No-12

Voluntary Donations / voluntary contribution from members are acceptable.
Society can take sponsorship to conduct such events as per Byelaw 5(d).
Society can fix the number of events /festival as per the National / State Government rules. Two important events are Republic Day & Independence Day. Rest events/ festival can be decided and approved in GBM.

I asked that ours is Registered Co op housing society, and UN knowingly our promoters used some part of maintenance fund in Festival celebration.
What legal action can applied on society by Registrar

No one can be forced to pay for festivals at cooperative societies. Such funds entirely voluntary. You can complaint to the cooperative deputy registrar of your area.

My society @ mira bhayander road is mandatory collecting festival charges, though my flat is vacate. They are even charging me interest @ 18% on non payment of these festival charges. I am diligently paying my maintenence charges. Please advice on how can i proceed on this from legal perspective.

Dear sunita pujari, Society cannot charge for festivals.

pls read my post on 21st Sept 2015 related to the festival charges.

i am staying in ahmedabad and our society is service society. the board of members has decided to take a tenent entry fee of rs 2500/- whenever any tenent comes to reside in the society. this fee is non-refundable. the resolution has been passed by the society committee to take such entry fee (one time). is it legal to take such entry fees ? pls suggest what to do.

am azeem live in singaraya konda in prakasam dt ANDRA PRADESH MY SOCIETY NAME "MAGUNTA PRAJA SEVA SAMITHI" SCHOOL CHE SA EXJAM AND TO GO TO MLA AND MP TO PEOPLE SUFARING WATER AND ROAD AND AM TEKEN TO HANDI CAPED PEOPLE WORK AND MY ONE MONEY PURE PEOPLES TO GEVEN SARRYS AND AIDS PEOPLES ONE DAY MILES. THAT TIPE OF WORKES SIR U TEL ME U R FAX NEMBER AM SEND TO PHOTOS AND PEAPER CUTTINGS

While purchasing the flat, society gave me the NOC that all the dues and taxes are cleared and no amount is pending against the flat. After 1 year i got a property tax bill from Municipal authority in which there was arrears for 3 years and interest/fine on the amount.
Should i claim the amount from the society as i have the letter from the society that there is no dues/tax pending against the flat.
Please let me know as under what section or rules i can write a letter to the society.

Yes , you can. But who was responsible to pay property tax to municipal authority in the past. If I was you,then you have to pay,if it was society,then society has to pay.

society members paid their maintance including property tax except defaulters, but mc utilised fund in building repairs,legal expenses etc. now sBMC issued notice to pay property tax. in society ac no sufficient funds r available.in sp AGM a resolution passed to collect additional fund to pay property tax. some members are saying we already paid property tax again why should we pay. plz advice me that on what title we should cgenerate fund.And what action should be taken against Ex MC for not paying property tax and utilising fund for other things.

Our is a registered residential housing society under Maharashtra CHS act. Can the part of maintenance fund (meant for payment of water bills, electricity bills and other maintenance works etc.) be used for religious and festival purposes.?

our society members want to change our management, please suggest c i applicable for yearly change society body through voting????

please suggest norms regulations

Being a registered coop housing society, we are collecting maintenance charges from our flat owners to meet day to day expenses i.e. electricity maintenance & bills, water bills, lifts maintenance, cosmetic contract, security payments etc. Apart from the above expenses can we use the maintenance money for religious/festivals if yes how much? Please guide.

Dear Joginder Pal Singh,

pls read my post on 21st Sept 2015 related to the festival charges.

Our is a registered chas having 6 building with total 132 flats. Now we want to bifurcate society into two each for 3 bldgs. Common area and plot is not divisible. Can v make two societies with one apex body.

Dear Yogesh, for making APEX BODY, 5 societies are required.

Can a society charge equal / same maitainance charges for different carpet areas

Can a society charge equal maitainance charges for all flats with different carpet area I.e. one room kitchen and two room kitchen

Dear Khale, if there is no objection yes. But better to follow byelaw rules for calculation.

Dear sir,
I have sublet my flat in mumbai.
Apart from sublet charge society has levied welfare charge(i.e 20% of the rent amount).
Society is saying that there is provision in the bye-laws regarding the welfare charge.
I am being compelled to pay the welfare charge.
Please help me whether i should pay it?

Dear Ansari, There is no such rule in the byelaw to collect 20% from the rental flats.

As per byelaw, NOC charges of 10% on the service charges of the Monthly maintenance component will be applicable on the rental flats. (eg: if your monthly maintenance charge is Rs:1000/-; service charge component , say may be Rs:500/-; so NOC is 10% of the service charge; ie: Rs:50/- ; so your monthly maintenance cost will be Rs:1050/- for rented flat)

As per byelaw, Welfare fund is to be created from the PROFITS.
Byelaw 147(b)iii To allocate to a Common Welfare Fund, such part of the profit as the Annual Meeting of the General Body may determine.

.
Byelaw gives the method of generating funds: ( A ) Raising of Funds

Byelaw-7: The funds of the Society may be raised in one or more of the following ways:
Modes of raising the funds of the society are

a. by entrance fees,
b. by issue of shares,
c. by loans and subsidies,
d. by deposits,
e. by voluntary donations, (but not from Transferor and Transferee)
f. by contributions towards cost of building or buildings,
g. by fee on transfer of shares, along with the occupancy right,
assignment
h. by premium on transfer of occupancy right over the flats,
i. by corpus fund from Promoter Builder
j. by any other mode permitted under these bye-laws,
k. by way of statutory requirements.
l. by way of non-occupancy charges, leasing / hiring of open spaces
m. by way of corpus fund, in case of redevelopment


None of these talk about the welfare fund.


Hope this helps

Please explain as i m applying for Home Loan on resale property to bank where they asking to show property tax receipt please explain from whom same can received and note mentioned property is in under co op housing society.

Dear Sandeep Fawade,

Property tax receipts should be available with the owner who is selling the property to you if the property tax is paid by individual. If the property tax is paid by the society, then you need to approach the society office, ask your seller( owner) to write a letter to the secretary of the society, requesting for the copy of the property tax receipt for bank loan purpose.

Can a society compel me to deposit a sum of Rs.2000 to 5000 as security for repairing my own flat Or is their any such standing order passed by registrar of housing society. Please mention the section of by-laws.

Dear Mr. Sen, yes society can collect security deposit for internal work. This is to safe guard the society common area damage if any during your internal work / or to ensure, you clear the garbage/derbis left after your internal work is over.

Dear Sir,

Our Apartment has 20 equal area flats along with allotted parking by builder.
1)Builder has not given any common entrance and area of terrace as terrace rights have been given to top floor flats. Is it legal ? How do I check whether approved plan has also give rights to top floor flats.
2)Our members have made an association for collecting and expending for building maintenance. There is no registration under society law. Committee members deny to give payment receipt of collected money. To whom I need to escalate in Government. Pls suggest.
3)Each flat has different number of persons ranging 01 to 10 persons. Committee members are incurring expenses other than building maintenance expenses like dinner party / tea party / diwali gathering party. All such expenses incur from collected maintenance charges and not from other collected charges for persons who have attained. Kindly inform to who I need to escalate in Government. Pls suggest. Thanks and Regards

Hi
This month our society office sent out a mail to all members saying they will drop the maintenance bill in the drop boxes of each individual member which is on teh ground floor level. All members need to collect the same from there and make payment..My point was can society do such thing..Isnt maintenance bill supposed to be sent to member's address? Cant we demand it on email?
To help convenience of 1 person isnt this also utting 200 people to inconvenience.
Any legalites in such case?

Dear Ashish, If the Mail drop box of all the floor is in the Ground floor, It is correct on the committee's part to drop it in the Mail drop box. For the members, Govt postman dropps the letters of the members in the Mail drop box. Same is applicable to the Maintenance demand also.

Members can request the committee to send the Maintenance bill hard copy to the individual flat and also send a soft copy by email. Both Hard copy & email can be used for sending the Maintenance bill. Committee after droping the Maintenance bill in the drop box can send an SMS to all the members also.

Hello,

I've read the earlier posts and I noticed that funds for extra curricular activities can only be taken voluntarily. My question is, what if there is a majority among the members of the society for collection of funds and it has been agreed to and minuted in the AGM? Would the minority have precedence to file a case against the society then?

Would appreciate a reply soon. Thanks!

In my case, I m following with registrar, regarding festival fund. No result from Dy registrar.

Dear sir need to have comment on following question.
We live in Aakash 2- Yashwant nagar .vakola santakruz east Mumbai
1.can society committee can only provide door to door notice for Hindu community and not for all as it is society of all membr for Any kind of Pooja celebation of the society.
2.can committe members use terrace for there personal parties such as celebreting their birthdays,new year and drinking parties without informing society members who are living in.
3.Giving permission to keep crackers which were in huge quatity to store for one of the society member and other young boys who does not belong to even the building or complex.
4. Is the Society secretary's wife has a right to say and fight with society members considering that she becomes a Mrs.Secretary.
5. If the person is owning only one flat then how many parking space the person should get.
All this we are facing for long time.
also very important the Secretaty n comitie members has not been changed last more than 10years.when ever we have asked about it they have given unreasonable answers and have only fights.

Can Society force the tenant to pay for religious festivals at cooperative societies , even though the festival itself is not applicable to the tenant.

Dear Mr. Vincent, Society cannot force residents to pay for religious functions. It is Voluntary.

It is not necessary that whatever decisions are taken for collection of festival charge.Registrar of co-operative is only a show piece institutions and any other civil laws consumer protection laws lies outside his jurisdiction. He will never guide in required way .I am quoting from my experience. Better to opt for civil court or consumer forum who have powers to get their orders executed. Where as does not have such type of powers

1can society demand advanced maintenace from member e.g.april to june in 1st week of june.
2can society inculd recurring deposit charges in bill
3 can we claim bifurcation of general expenses as it is major portion in our bill

Soceity is not authorised to collect festival charge as it's not a part of maintainance Registrar of Co-Op can't help in this regards as it has any administrative power for punishment. .If soceity forces then lodge complaint with police as topmost authority "Commissioner of Co-op Pune "also can't confirm that it is not a part of maitaonance

Namaskar, I am from Pune. A flat holder in our society is fighting a legal case against the builder. He has no docs of the flat on his name. viz : MSEDC bill, registered sale deed, rent agreement, index II, etc. nothing on his name. So, he is not a registered member and share holder of the society. Is he legally eligible to pay maintenance changes and avail society facilities like parking, water, sanitation etc. ? Kindly guide.
Thanks in advance.

It's not advisable to lodge complaint against CHS, to registrar of soceity,but to file complaint in civil/consumer court because registrar of Cooprative is a soldier without a gun,cane or any weapon as well as no powers to get their orders execute

I wanted to know whether. We have to pay the society Maintenance Before our society documentation is done?

For smooth functioning except maintenance no are charges are payble if soceity is not registered

Dear Sir/Madam,

Hello, i stay in CHS. From past 10 years Ganesh festival is being organised in our society, for which contribution is taken from flat owners. However this year committee has decided to organize the festival by using society fund.
Our building need repairing work. There is lot of issue wrt leakage. We have suggested the committee to use that fund in repairing, & to carry out festival by taking contribution from flat owners. Then too committee of our society is not ready to listen to the same. Is there any remedy for the same?

Thanking you,
Vaibhav

Basically it is illegal to divert the soceity fund for personal use I.e.Genesh festival though a decision is taken by majority in the soceity meeting.This is the matter of misappropriation of fund & is challangable under Consumer Protection act. Please take action in the maater

Dear Sir,

Our Apartment has 20 equal area flats along with allotted parking by builder.
1)Builder has not given any common entrance and area of terrace as terrace rights have been given to top floor flats. Is it legal ? How do I check whether approved plan has also give rights to top floor flats.
2)Our members have made an association for collecting and expending for building maintenance. There is no registration under society law. Committee members deny to give payment receipt of collected money. To whom I need to escalate in Government. Pls suggest.
3)Each flat has different number of persons ranging 01 to 10 persons. Committee members are incurring expenses other than building maintenance expenses like dinner party / tea party / diwali gathering party. All such expenses incur from collected maintenance charges and not from other collected charges for persons who have attained. Kindly inform to who I need to escalate in Government. Pls suggest. Thanks and Regards

This is gross violation of misuse of public fund particularly when soceity is not registered, possession of terress which is given to individual flat holders is illegal,diverting of public fund for pvt purpose.Approach consumer forum

Society does not force anybody to contribute for cultural fund is fine. However, if the collected cultural funds are not sufficient for celebration then society takes money from reserve funds which is indirectly making non-participating members to pay. Can this be stopped and how?

Yes Utilising soceity fund for cultural fund is misappropriation of fund & also a financiaĺ crime for which civil as well as consumer complaint can be lodged

Dear Sir/Madam,

This is again regarding "Festival Celebration Fund".

In GBM, it was decided to collect the "Festival Celebration Fund". I was not present in that meeting. I am staying alone and I usually don't participate in such celebration because such celebrations are mostly catered around families.

I am not willing to contribute to this fund as I don't celebrate any.

My question is : Since decision was made in GBM and this discussion was on agenda, can Society force me to pay "Festival Celebration Fund" + "Interest @21%"?

Is there any way to handle this scenario without much trouble?

Appreciate any advice.

Thanks and Regards

Solution is if someone can spare time for legal fight against the soceity. Lodge complaint with consumer forum for over charging

Check this link: Article published on 22nd Sept 2017 on TOI, pune edition
http://epaperbeta.timesofindia.com/Article.aspx?eid=31814&articlexml=Permit-must-for-societies-to-collect-Navaratra-donations-22092017002022

"Any housing society found collecting donations for Navaratra festivities, without a permission from the charity commissioner's offices, may face heavy penalties. The permission can be sought in person at the charity commissioner's office, or can be applied for online. Shivaji Kachare, the charity commissioner of Pune region, said during the Ganeshotsav, there was not enough awareness. For Navaratra, the department wants to make sure that all the housing societies acquire the requisite permission. “For the Ganesh festivities, 10 housing societies have been served notices, and one even faces a penalty of Rs 10,000, for not intimating the office and for not taking permission un der Section 41C of the Maharashtra Public Trust Act,“ Kachare said, adding, “We have made an appeal through the police department."
The permission form requires the society to specify the amounts collected and spent, and even the overall audit report of the society must be furnished. Moreover, 10% of the revenue collected should be given to some educational or medical charity , or be utilized to fill up potholes on roads nearby .

During Ganeshotsav , mandals that had taken permissions were asked to repair dugup roads."

Sir
Even we have been facing issue regarding carry forward of non payment of festive fund
along with interest .
Thanks to your reply.

Sir .
Around 6 yrs back we all in society were asked to deposit 15 thousand per flat for colouring of building premises.. sir as we had some constrain of finances we requested verbally that we will pay just before colouring starts.
As we have aflat and office in same building we paid 30000 rs at 15mnths i.e just before colour started. Society started charging interest on 30000 thousand not paid by me right from 5th month of notice although it was paid before the work started..and interest on interest is being appied to main maintenence bill as we only cleared main amount but refused to pay interest penalty.

Pl guide

Can the MC of the society charge any PENALTY or INTEREST for non or delayed payment of the "additional money"(apart from the monthly maintenance amount)contributed by member's towards work like Painting of the Building,Getting the Conveyance Deed work done through some Agents/.

Hi Sir

I am Vipul Dattani residing at Bhayander West , Staying at Bhairav Shrusti housing society. They are charging 500 Rs monthly as festival fund in maintanence invoice. Also they are charging interest if it is not paid. Request you to please let me know if this is compulsory. Also let me know where can I complaint about the same or contact details or website where we can register our complaint.

Hi Sir

I am Vipul Dattani staying at bhayander west residing at bhairaw shrusti. They are charging Rs 500 as festival charger compulsory and if not paid they are charging interest for the same under maintaince invoice. Please guide us if this is compulsory and if not where can I register complaint.

no one can force you to pay such funds nor even A GM or G B M

The interest charge is elligigal because festival charge in not covered by CHS Act.If they force it then lodge complaint with consumer forum for deficiency in service for both compulsory payment as well as interest part

Society demanding arrears of non occupancy charges from 2004 which is not collected by previous managing committee. I have refused to pay arrears showing it is a fault of all previous managing committees.As per bye law of society and MCS ACT 1960 all members of previous managing committees are responsible and should be collected from their own pockets. Is correct or not. Whether I am bound to pay arrears
Rajaram Parab

Can a society compel me to pay a sum of Rs.10000 to 15000 as renovation charges for repairing my own flat other than Security deposit Or is their any such standing order passed by registrar of housing society. Please mention the section of by-laws.

Dear Rajaram Patab Demanding arears from 2004 is covered by law of limitaion of 3 years as per Mumbai High court judjement of w. p. no 2685 of 2001 decided on 07-10-2003 between Versova Gurudatt CHS V/s Divisional Joint Registrar by Judge R.M.S. Khandeparkar . It seems that managment Commitee has not initiated any action on recovery of Non Ocupancy Charges. For Fixing responsibilty of previous member there is govt circuler also what you have written is in order

Dear Chandresh soceity have to collect repairing contribution equally from all mmberes

Rajaram please pay it gently. what your quoting that is on loss caused to society property needs to be made good by any M C while in office or later on. regards

I want to clear that can a co op society charge a different amount from the members for pooja
I mean a chairman, secretary, treasures will pay a different amount and all other members will pay a diffrent amount

@ Saytah, for pooja or festivals, the contribution should be voluntary. Cannot be forced.

can the monthly maintenance charges can diverted to relegious expenditures for maintaining a temple constructed by the builder

Diverting monthly maintenance charge to religious purpose is unauthorized

Can Society ask for Gruh Udhyog to stop working from home?? Even though one has license to work from home from government?

Hi.

Our society committee is using society funds for festivals and cultural programs. Also using society funds to pay the salary of priest who is doing daily pooja in society temple. But this temple is not a part of original building structure. society members built this for there own prayer. And deputed one priest to perform daily pooja. I oppose on this things, but committee is ignoring on my point.

I want to know, to do expenses on this things is legal or illegal?
Kindly mention under which bye laws its legal or illegal.

Thanks.

paying salary to prist is misappropriation of funds under law. Please lodge complaint with consumer forum for refund of the mony

Dear Sir

We were celebrating festivals and Get together in our society like Janmashtami, Ganesh Chaturti, Navratri and dinner get together and we were using society reserve funds since last 5 years. Now this year 1 member is going against it as by law Society committee is not allowed to collect any kind funds for these occasions. But Society is not collecting or charging the members for these functions. Society is giving the funds from the reserve funds collected from hoarding and mobile towers on the building. Can you suggest what can be done in this case and celebrate the functions staying in SOCIETY BY LAWS and using reserve funds as we don't want to go door to door and collect funds from each member as funds collected are not even 40% for these events.

Hi My self Ajith Nair, In our society we are depend up on Tanker water as Munipality water connection not yet confirmed and procedure is going on. My question is if owners are not paid the maintenance on time then will stop their water because we are paid the money to Tanker.

Is there any issue ???