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Whatsapp Faq From V.Viswanathan
ABOUT V.VISWANATHAN
V. Viswanathan is a practicing housing society consulant for the last 1 and

1/2 decades.
His interest in sharing knowledge has always taken him to higher heights in
his chosen specialized practice in the area of Housing societies. He has
authored co-authored nearly 20 books on various issues of Housing society
functioning like conveyance, transfer of flat, parking, repairing, collection of
dues, income tax, service tax for housing societies.
He is a regular faculty with number of Instititutes, Non Government

Organisations throughout Maharashtra,
Regular speaker and contributor in various leading news papers on the
subject of stamp duty, registration, conveyance, co-operative Audit,
Management of Housing Societies, Rules, Bye-laws. He has delivered talks
in number of Clubs, seminars, and many NGOS, programs organized by
Co-operative Department, Revenue Department, Housing Departments of
Maharashtra Government.
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QW/VV/001/30.07.2015
If the office of Depty.Registrar Societies does not respond to

R.AD.application under RTI.within stipulated time frame, to whom to make
an appeal?
Answer by V.VISWANATHAN
The officer below the deputy registrar in vasai is the PIO (principle
information officer) and deputy registrar is the appellate authority
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QW/VV/002/30.07.2015
Vasai-Virar municipality corp come on which Category of municipalties?
what is the maximum transfer premium can be collected by society on flat
transfer/sale from the buyer in case if purchased a falt in the vasai-virar
belt?
The VVCMC falls under the "A" municipal category and therefore the
maximum transfer premium to be charged is Rs. 25,000/
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QW/VV/003/30.07.2015
If some member gift his own flat to someone his relatives Is Transfer
premium is payable by him.
If the transfer is done to family member as defined in the circular / act
then no transfer premium to be charged
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QW/VV/004/30.07.2015
Sir at present we are charging maintenance as per flat rate for all shops &
flats. Can we start charging maintenance as per sg.ft going forward. If
change is possible under which rule it comes so we can inform members
accordingly backed with some act or rule.
You have to charge maintenance equally to all flat and shop owners. No
deviation possible. Atleast in near future I don't think any changes possible
in this . Not allowed at all . Period
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QW/VV/005/30.07.2015
Shailesh oza frm ashokvan vasant karishma 9860295691 my qst is if the
flat owner does not pay maintence for long time say two to three years
then what is the action to be taken to get due maintence
File a case before the deputy registrar under section 101 of the MCS act
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QW/VV/006/30.07.2015
Whether Balance Sheet is to be submitted to Dy. Registrar, Vasai before
AGM or after AGM ? And whether submission is responsibility of Society or
Auditor ?
As per section 81(5A) of the amended MCS act 2013 the onus is on the
auditor to submit the report to deputy registrar within one month from the
date of audit but in any case for the AGM
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QW/VV/007/30.07.2015
Is it necessary to inform registrar regarding AGM, ???
There is no onus casted on the society to inform the registrar about AGM
however as a prudent practice to inform the registrar
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QW/VV/008/30.07.2015
AGM or after AGM ? And whether submission is responsibility of Society or
Auditor ?
date of audit but in any case for the AGM
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QW/VV/09/31.07.2015
AGM or after AGM ? And whether subm ission is responsibility of Society or
Auditor ?
date of audit but in any case for the AGM.
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QW/VV/10/31.07.2015
Vasai-Virar municipality corp come on which Category of municipalties?
what is the maximum transfer premium can be collected by society on flat
transfer/sale from the buyer in case if purchased a falt in the vasai-virar
belt?
The VVCMC falls under the "A" municipal category and therefore the
maximum transfer premium to be charged is Rs. 25,000/-
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QW/VV/11/31.07.2015
Sir in case of the death of a member as per append I X-16 under byelaw
34 an ad has to be given in two local newspaper. The question is who is
supposed to issue and pay for those ads , the society or the person in
whose name the flat will be transfered ?.
The newspaper ads has to be given by the society on their letter head.
Obviously the society would and should ask the beneficiary to pay for it.
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QW/VV/12/31.07.2015.
Is it necessaryc to inform registrar regarding AGM, ???
There is no onus casted on the society to inform the registrar about AGM
however as a prudent practice to inform the registrar.
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QW/VV/13/31.07.2015.
Sir our society formed in 2007. 25 flats and 26 shops. Ttl 51 members.
Society is charging maintenance charge as under.: rs 1/- per Sq ft for Flats
and Double rs 2/- per Sq ft for Shops. Saying it's a Commercial
premises. Is it Legal as per Bylaws ?Secondly society is charging rs 500 /-
as Non Occupancy charge for all the Shops given on Rent.
Is it Legal as per Bylaws ? They are also charging rs 30,000/- as A Transfer
Fees. Is it legal as per Bylaws ? We have our AGM ON 15Aug. Can shop
keepers take Objection for the above three matters ?
The maintenance has to be equal irrespective whether it's flat or shop and
size.
Non occupancy charges cannot be more than 10% of service charges
Transfer premium cannot be more than 25,000/-
Any member including shop owners can take objection about the same.
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QW/VV/14/31.07.2015
Sir at present we are charging maintenance as per flat rate for all shops &
flats. Can we start charging maintenance as per sg.ft going forward. If
change is possible under which rule it comes so we can inform members
accordingly backed with some act or rule.
You have to charge maintenance equally to all flat and shop owners. No
deviation possible. Atleast in near future I don't think any changes possible
in this . Not allowed at all . Period.
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QW/VV/15/31.07.2015
In one of our society, secretary's Name is not there in Flat Agreement For
Sale. Flat is in the name of his wife only alone.
By just filling Associate Form he became Secretary of the society. Is it
Legal as per Bylaws ? Can he became like this ?
Pls inform nd reply.
Prior to 14.2.13(date of amendment of MCS act ) a person was allowed to
become an associate member and also hold office bearership by paying
Rs.100/- entrance fees and filling up form 10A &7. Post the amendment it
is not allowed. Now if a persons name is not in the agreement he / she
cannot be an associate member.
However those you have already become an associate member as per old
act (prior to 14.2.13) can continue to be so until regular elections are
conducted in the society whenever it's due. Eg. If the society's election was
on 2012 and an associate member (without name in the property) became
an office bearer by filling up form 10A and 7 then until 2017(next election
due) he can continue to be office bearer even though new act is applicable
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QW/VV/16/31.07.2015
If some member gift his own flat to someone his relatives Is Transfer
premium is payable by him.
If the transfer is done to family member as defined in the circular / act
then no transfer premium to be charged
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QW/VV/17/31.07.2015
Shailesh oza frm ashokvan vasant karishma 9860295691 my qst is if the
flat owner does not pay maintence for long time say two to three years
then what is the action to be taken to get due maintence
File a case before the deputy registrar under section 101 of the MCS act.
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QW/VV/18/31.07.2015.
what is difference between " membership " and " ownership "?
This question would have an answer prior to 14.2.13. Now has no
relevance except nominal membership . Now if you are not a owner then
you can't become a member. Previously associate membership was allowed
even without name in the property now not allowed. Nominal member is
the one not being the owner but using the premises in society like the
licencee.
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QW/VV/19/31.07.2015
In case of a single nominee and where the other heir is not a resident of
india but a citizen of usa and having no documentary proff of indianness
which are to be filled by the single nominee for transfer of the flat.
Answer by V.Viswanathan
If the nominee is single then where is the question of needing the other .
Not clear with question.
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QW/VV/20/01.08.2015
If an agreement is only on husband's name, who has taken a loan and
wife's name is not included. To include wife's name, can the agreement be
amended in the form of deed of rectification or by any other way like gift
deed / re-registration / filling any membership form.
If yes, what will be approximate charges for amendment ??
In such methods, is wife is allowed to become office bearer after
amendment is done??
Technically if there is a loan on any flat then you cannot add/alter/ amend
the deed without the permission from the bank. Presuming that you have
taken permission you may do so by gift deed / agreement for sale /
rectification deed. There is possibility of objection by the SUb registrar
office for rectification deed. However since there is no stamp duty post
24.4.15 for certain relatives he may agree
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QW/VV/21/01.08.2015
Sir is it compulsory to send all correspondence and notice to society
members in Hindi and Marathi or we can communicate in common
language ie English.
The society has to follow the language in which they would have agreed in
the application form for registration for accounts. For general
communication English Hindi or Marathi can be used in Maharashtra
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QW/VV/22/01.08.2015
Under what law has the beneficiary to pay for the ad as he is submiting all
the rewuired original documents it is the society which has the doubts so
why the burden on the beneficiary and i also had raised other question
regarding citizenship of heir
Mr ramesh prabhu kindly clearfy why should i invite this problem of the
making of the society
Sirji second question ka answer mil gaya thankyou but first question about
ad is still not clear. The ad has to be issued by society but the beneficiary
has not told the society to issue the ad so why does the beneficiary has to
pay for the ad and under what law please explain
I will give an example suppose a child is born . Getting birth certificate is
compulsory as per law and local authority is given right to do so . However
they have also been given the right to collect a fees of Rs 10/ or 25/- to
issue a birth certificate . Similarly the law has put the onus on the society
to issue the ad however as the MCS rules 1961 they have right to has for
the money. Once all the papers are received from member the society
should send a letter to the beneficiary requesting him to deposit the sum to
society before issuing the ad. If not then the society should not transfer his
membership. Hope now clear
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QW/VV/23/01.08.2015
A situation has arised that a flat belonged to 2 brothers and one of the
brothers has expired and nomination has not been filed. If all the legal
heirs of the deceased person has given no objection on a stamp paper to
transfer the flat in the name of other brother, is this sufficient.
My question is Still not answered
Srinath Nair treasurer vasant karishma ashokvan complex.
Just obtaining NOC from other legal heirs does not suffice. You have to
follow the entire legal formalities as the MCS act and rules. I had replied to
such similar question . However shall repeat it.
Such transfer is called transmission. All the legal heirs have to come
together . The beneficiary would have to give an indemnity bond as per
appendix 19, and other legal heirs to give affidavit on are 100/- stamp
paper, then paper notice in two newspaper as per appendix 16 and various
other forms for membership. Caution. By doing this the applicant only gets
membership in society and not ownership in property. For that they have
to obtain succession certificate / heirship certificate
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QW/VV/24/01.08.2015
So should we cancel associate membership of earlier member.should their
names be cancelled from share certificate.
Any membership cannot be cancelled just like that. Proper procedure as
mentioned in section 35 of the act has to be strictly adhered to.
Secondly there is no need to cancel an associate membership . I
understand you are asking this considering the change in law wherein prior
to 14.2.13 (date of amendment of MCS act 2013) where some one
becomes an associate member without name in the property and continues
to remain so after that date too. There also you can continue until regular
elections. Once election are
conducted post that date then the associate member automatically losses
him rights .
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QW/VV/025/03.08.2015
Sir, can you please let us know of it is mandatory to adopt the new bye
laws, our society has not yet adopted the new bye laws. What is the legal
obligations on part of the society? Are they bound to adopt or it is an
option?
It is mandatory and compulsory to adopt the bye laws. In case if not done
the registrar has rights to not only dismiss the committee but also de
register the society
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QW/VV/026/03.08.2015
Flat owner has not paid rent for past 6 months despite of phone calls
reminder and official letter sent to him. In his flat renter is staying pls
suggest appropriate action?
Sorry maintenance not rent
File recovery case against the member under section 101 and also make
the occupant as a party to it
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QW/VV/027/03.08.2015
Sir, as you already answered that form 7 has got importance before
14.2.13.
1. So if any member who is fills n submit form 7 for associate membership
will not be considered????.
If yes then can that member attend committee meetings/sgm/agm and
present his or her views apart frm having voting rights.
2. Based on its validity, Its ok if form 7 is duly filled and submit it to the
society with 3 chairperson signature or it needs to be submitted any where
else and by whomever( society or the member).
This grp is extremely helpful for all of us to clear our doubts . Thank you
for question and answer session by all.
If you find this group useful inform maximum people and we would more
such groups for their benefit.
To my knowledge I have written substantial matter about associate
member. Please read further . Now associate member purely by form 7 not
possible. If name is there in agreement then associate member can attend
meetings and hold post. I have
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QW/VV/028/03.08.2015
Can we cancel the membership of members who are not paying their
maintenance from last 3 to 4 years and can from now onwards society
send them bill of non member
Cancellation of membership means expulsion of member. It is governed by
section 35 of the act . A society can only propose to remove the member.
The actual expulsion has to be done only by registrar through proper
procedure. Persistent defaulters qualify for expulsion.
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QW/VV/029/03.08.2015
Can we add property Tax on maintenance bill and pay from the society
account on belhalf of members.
That's very much possible. Infact that is how most of the societies function
in Mumbai. The only risk is since you are committed in writing to VVCMC to
pay collectively then you have to contribute to those members also who
don't pay their maintenance regularly . That would add further burden on
those who are paying regularly
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QW/VV/030/03.08.2015
Every society is the non profit organization. We only charge what we are
payable and the only society is benefited when it is sold and we received
as Transfer premium.
Can we invest any amount other than F.D
As rightly mentioned by you society is a NGO and therefore profit making is
not their motive . Investments to be done by the society are restricted and
properly regulated as per section 70 of the act
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QW/VV/031/05.08.2015
Flat is in name of my wife can I attend AGM
If you are an assoBbciate member by paying Rs.100/- and form no 7/10A
prior to 14.2.13 and the elections are not due as yet then you can. Else no.
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QW/VV/032/05.08.2015
As per the new byelaw of the CHS, can the original member make any
one as an associate member,who can attend meetings and vote in his
absence. What are the restrictions/formalities for making a relative an
associate member?
Now if the name of the associate member is not in the agreement then not
possible. Else no restriction.
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QW/VV/033/05.08.2015
There is the common garden between 4 different society. Can we make
the car parking in the garden.
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QW/VV/034/05.08.2015
Pls advise me if govt employees can take responsibilty of chairman
secretary or treasurer.
If yes then are they reqd to take any necesaary approvals from their
government dept????
To my knowledge you have to inform your employer (if a govt servant ) if
you hold any place of profit. Society is a honorary job and therefore may
not require permission . However it is advisable to have a declaration done
to the employer.
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QW/VV/035/05.08.2015
Is that any rule for small (soc .)20/22 flat member that " you have to make
fix deposits of Repair fund ?" OR "Sinking fund?"
Nothing like that. All societies irrespective of the strength of the members
have to charge sinking and repair fund on area basis.
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QW/VV/036/05.08.2015
Sir, I would like to know as to what documents are required to complete
the chain of agreement if the flat is being transferred to the new member
via 100%nomination from the late member (mother) to her son.
pls reply as this issue is been pending for a long time.
Chain of agreements are not required but the procedure for transmission
without nomination needs to be followed. Like I .Bond paper notice etc.
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QW/VV/037/05.08.2015
Can agm decide penalty for members not attending the agms of the
society ( can society levy fine).since the agms are held only once in a
year,and resolutions are adapted, is it not necessary?
Attending AGM is a right of the member but not duty . I have answered
this question earlier too with riders.
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QW/VV/038/05.08.2015.
Is TDS applicable on interest acrude from FD made in co-operative & PSU
banks.
TDS was always applicable for PSU banks , for coop banks it is applicable
from 1.6.15. Coop credit societies are exempted
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QW/VV/039/06.08.2015
Can Society refuse water connection to shopkeepers having flats in the
building? Pls reply
In case if the builder had not provided water connection line then the
general body can decide about the same. However if the water connection
was already there in the shops then it's a must to give. Frankly I would
advise that if it is required for the shipowners for business purposes one
should give it
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QW/VV/040/06.08.2015
I Steel confused We are Charging repair fund on area basis to each
member but that " Repair fund" OR " Sinking fund " is to be deposits in
form of F/D' s only.??
Fund collections has to be done on area basis and the deposit with the
bank would be fixed deposits only. No other way
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QW/VV/041/06.08.2015
Pls advise if there is any restriction on renewal of rent agreement of any
tenant. For ex if they can renew for consecutive 2 or 3 yrs or there is no
limitation for renewal of rent agreement.
As far as renewal is concerned there is no restriction . You can renew it
unlimited
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QW/VV/042/06.08.2015
Sir please guide is what all documents / forms are required for admission
of new member via flat resale.
1. Registered agreement
2. Full payment receipt of completion of transaction between purchaser
and seller
3. Possession letter
4. Form 4 on Rs.100/- stamp paper
5. 20(1)
6. 20(2)
7. Transfer form 21
8. Application for membership
9. Form 23.
10. Share certificate original for transfer
11. Nomination form 14 in triplicate advisable not compulsory
12. Transfer fees 500/- entrance fees 100/-
13. Transfer premium
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QW/VV/043/06.08.2015
Can u please elaborate your rider,it is not quite clear about a member not
attending the agms.?
Original question was can penalty be charged for non attendance of AGM
There is a government notification which states that if
1. A person does not attend AGM regularly
2. And persistently and continuously complaints about certain decisions
which taken in the AGM then penalty of Rs 100/- can be levied subject to
approval of general body
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QW/VV/044/06.08.2015
If in residental flat ,if the owner gives his flat for office use like consultant,
Advocate ,on rental basis.Can its permissible to do in the residental area.
Supreme Court judgment stays that if a consultant uses his flat partly for
residence and office then it's allowed. However many have twisted the
judgment to benefit themselves and state that consultancy is fully allowed.
Actually that's incorrect . Technically a residential flat cannot be fully
utilised for commercial including consultancy . However practically that
should be allowed
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QW/VV/045/06.08.2015
What are the parameter to make some one as nominal member of the
society
CA of our society point out in its report to make Airtel as nominal member .
The installed antenna and paying to the society.
Nominal member is a person who pays 100/- entrance fees with the
consent of the original member. He is the one does not have any right over
any of the property in the society however uses one or more units in the
society or uses society premises. Normally the licencee can be advised to
take nominal membership. Also in this case the mobile tower company can
be made a nominal member. This is better for the company to
communicate to society for certain services that it may need like terrace
keys to open and repair the tower. It's also better for society as the
nominal member is better regulated.
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QW/VV/046/12.08.2015
G.M. Have got to know that housing societies have to re register
themselves @ Pune registration office and have to upload all their details
on the site.Is this true ?
After the amendment to MCS act it is compulsory now. You may visit our
website for more details. Www.vasaihousingfederation.com
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QW/VV/047/12.08.2015
Hello sir if any flat owner give power of attorney to his relatives and he is
no more, then can society will give noc for that (poa) person to saleing
flat?
The moment the person who gives POA expires the POA ceases to exists .
In short the power also dies with the person so giving it.
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QW/VV/048/12.08.2015
Societies makes various payments like security charges, repair charges etc.
If payment exceeds Rs. 2 lacs in a year then whether Tax (TDS) is to be
deducted & pay it to Govt. ?
As per section 194C of the income tax act any single payment if it exceeds
30000/- and if aggregate to a person exceeds 75000/- the TDS is required
to be deducted . If the receiver is individual then 1% if company then2%
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QW/VV/049/12.08.2015
Sir, member has changed his name using affidavit, which he has submitted
to the society so that maintenance bill and receipt should come on his new
name. The society has changed his NAME in society maintenance bill also.
Can n should society also provide him noc for name change in property tax
bill also. Member has asked NOC from society for name CHANGE in
property tax bill.
Legally without payment of stamp duty and registration of documents the
society cannot transfer any shares. Nor can it give NOC. I suggest to give
show cause notice to that member , take general body resolution and
remove his name from membership stating it was error which is rectified
now
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QW/VV/050/12.08.2015
As our society is newly formed so we need information .
It is possible to get a format for
1. noc to be given to the members by the society regarding name change
in A) MSEDCL. B) VVCMC for property tax, C) a letter given by the society
to a new member after taking possession of the flat( RESALE CASE.) And
from where
Email to us if you are a member with your membership number on
vasaihousingfederation.com and we will provide the same.,
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QW/VV/051/12.08.2015
Sir our society member is 60 flate owner and 30 shopkeeper so can u
inform us in committee how many member s required
For details please Refer to bye law no.114 of new model bye law. There is
a slab . It's on our website to
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QW/VV/052/12.08.2015
sir,pet charges are allowed or not ? if not, can we take cleaning charges
from member.
Nothing in the bye laws on this subject and therefore the general body can
decide over the same
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QW/VV/053/12.08.2015
Dear Mr. Viswanathan, very good morning to u and all the members.
On what basis sinking fund is calculated, is it on area wise or on
development cost on individual flat? And what is the percentage?
Sinking fund is charged on area basis @0.25% p.a of the cost of
construction of the flat or shop. Refer to bye law no. 13.
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QW/VV/054/12.08.2015
Q. Do the society can elect a member in committee since she/ he is the
2nd partner mention in registration & he can vote for committee election?
Answer by. V.Viswanathan
All the election has to be done as per election rules dtd 11.9.14 see our
website. Even if it's one committee member too. If a person name is
second then he too can come in the committee if the first member
relinquish his / her right in favor of second
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QW/VV/055/16.08.2015
Does the stilt parking which the flat owner paid for at d time of purchase
from the builder, fall into the "society common area ?"
Answer BY V.Viswanathan
As you are aware that common areas like garden, terrace, corridors , stilt
parking common parking cannot be sold it belongs to society once formed.
This answer should be read in isolation in case it relates to parking . As the
same is a very vast and debate able topic
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QW/VV/056/16.08.2015
Sir please reply my one question is that our entire managing committee
resigned without producing accounts in the agm and secretary put
resignation on notice board where as agm has elected all of them and is
the way of resignation and what legal action can be taken await your reply
ex secretary of star classic Co op hsg Vasai west
Answer By V.Viswanathan
Pasting resignation on notice board is not correct. All committee members
hold a responsible post and can't vacant place without their resignation
being accepted. Actions can be taken for non conduct AGM u/s 75(5) and
penal provisions can also follow. Should take immediate steps to conduct
elections as per new rules
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QW/VV/057/16.08.2015
If a committee member cease to be a member due to sale of flat do we
have to take fresh election as per prevailing procedure or can be elected at
the EGM /AGM
Any appointment of committee should be done by the new election rules
including for a single committee member also. Through the state
cooperative election authority (SCEA) only
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QW/VV/058/16.08.2015
I m john dsouza secretary of Anand Sarovar Society. We wanted to appoint
a CA for our society can u suggest some name n no.
The list of auditors are available on our website and with federation office .
Visit www.vasaihousingfederation.com
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QW/VV/059/16.08.2015
Dear sir. My query is. If a member asks for a copy of all the managing
commitee minutes as well as the minutes of the AGM and EGM for last 4
years, should we give the copies. If not then what should be our reply to
that member.
Minutes of the meeting of the society has to be maintained by the society
perpetually without any time limit and getting such copies is a members
right. You have to give the same to member after collecting requisite fees
as per bye laws
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QW/VV/060/16.08.2015
I am lakshman from Rajesh Park CHS, Ambadi Road, Vasai West.
Can the managing committee members of a religious trust registered under
charity commissioner induct additional committee members by co-opting
them in a resolution passed in the managing committee meeting
subsequently held after the AGM? Pl clarify. Lakshman
I understand your question is related to maharashtra public trust act and
not MCS act. It is possible if the charter documents (trust deed) allows it. If
not then you have to amend the deed first and then it's possible
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QW/VV/061/16.08.2015
What is process if shop owner wants to set up wine shop...pls suggest.
Firstly the matter should be placed before the general body and if it's
passed then the permission may be given subject to the shop owner gets
all the relevant permissions from various authorities like local body , excise
dept and others
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QW/VV/062/16.08.2015
In open gallery bldg can we take corner place in our carpet area. We need
suggetion
Sorry but question not clear to me.
I understand corner place means you are referring to the place in the
gallery only . If it's sold by the builder to the owner then yes should be
included. If you are referring to covering it then not allowed
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QW/VV/063/19.08.2015
Who is d authorise person to sign on share certificate ?
As per the face of the share certificate as prescribed in form 1 the share
certificate has to be signed by chairman secretary and one committee
member. However the managing committee can decide to authorize any
other committee member to sign too
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QW/VV/064/19.08.2015
Is it legal to make a structure on the Terrace for roofing ...
Any construction be it temporary or permanent to be done has to take
place only after permission of the planning authority for vasai taluka being
Vvcmc . The society has to apply for permission pay necessary
development charges as per DCR ( development control rules ) only then
construct . However practically no one does it and all societies have done
so without any permission
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QW/VV/065/19.08.2015
Sir need ur guidance...
Which documents a society should have/take from builder (health check of
society) to avoid any legal problems in future like for.. Conveyance,
redevelopment etc...
Prof. Anand, secretary Rushabh Tower
I have long list of documents which cannot be sent here. Please message
your email id I shall arrange to send it and also post it on our website
***********************
QW/VV/066/19.08.2015
Hello need a suggestion, a member in our society without permission of
society lend his house on rent, and apart from this his house being on
ground floor, he intends to give it on rent for commercial basis ,what
action can be taken ?
Minimum 8 days prior to giving the flat on rent the Memebr has to Intimate
society. Permission as such not required. Also flat cannot be given on
commercial. Approach municipality for change of use. And police station if
given on rent without intimation and also collector of stamps if no stamp
duty is paid and registered
***********************
QW/VV/067/19.08.2015
Sir, we have a stilt parking which is full. The society intends to allot the
common area to the members who do not have stilt parking at some
premium one time charge so that the space is reserved for that particular
member. Is this legal ?
As per the new bye laws the parking policies has to be decided by the
general body only . So you can do it. However care has to be taken that
those members should not misunderstand to be owners of such parking
place
***********************
QW/VV/068/19.08.2015
Dear sir there is one question i am treasurer of d l shelter chs ltd there is
one problem in our society commitee member is kept one german sheferd
dog for his safety and when that dog make huge noise day and night all
members are doing complaint against this we have file police complaint
also but they says its society issue we can not intefear please suggest if
there is any provision to control this type of issues ??
Pets in a house is regulatedl by the policies so maintained by the municipal
authority . Ideally you should approach Vvcmc for the same and also
represent your case to the managing committee who in turn has to take
appropriate action against the erring member
***********************
QW/VV/069/19.08.2015
Auditor can do audit of any society for maximum 3 years in a row.
Whether this rule is applicable for all the societies irrespective of No. of
members of that society OR it is applicable only to those societies having
more than 100 members ?
Answer by V.Viswanatan
The auditor has to be changed after the third means from the fourth year
you have to appoint a new auditor. It's applicable to all types of society
irrespective of the size of the members
***********************
QW/VV/070/19.08.2015
One of our members of MC has sold flat. Can we select/elect another?
Pls. Guide us sir.
Once the flat is sold the managing committee ceases to be sold. Even if
one society has to appoint one committee member also the new election
rules dated 11.9.14 has to be strictly followed. Means informing the
registrar thru SCEA who will depute person to conduct the election for one
single seat
***********************
QW/VV/071/20.08.2015
If RTI as well as an appeal is not responded at all by the authority what
will be next course of action in such a situation?
Application/appeal.
Then you have to go for second appeal before the state commission
***********************
QW/VV/072/20.08.2015
Plz.suggest Wht is procedure to adopt new bye laws.
1. Pass general body resolution adopting the new bye laws
2. Two new bye laws
3. Copy of old bye laws
4. Copy of notice agenda and minutes of the general body meeting
wherein the bye laws has been adopted
5. Online registration must
6. Filling up forms ( available of our website )
7. Affix 50/- court fee stamp on that form
8. Submit to deputy registrar
***********************
QW/VV/073/20.08.2015
Do we have to do fire audit of the society premises in compliance with the
state fire policy every year???. Pls advice.
Pls also advice to whom we have to approach for fire audit as per state fire
policy
Fire audit is Perse not compulsory under the MCS act or the bye laws . It's
required under the development control rules (DCR) of the planning
authority generally being the municipal authority and therefore approach
them.
***********************
QW/VV/074/26.08.2015
we are planning for AGM next month.We completed 3years as office
bearers. So this year there is any compulsion to take Election ? We check
with our society members where anyone interested for become
Chairman,Secretary or treasurer. But no one interested. So in such case
whether we need to ask to Election officer to conduct Election.
Elections are to be held once in 5 years and not 3 years . New election
rules dated 11.9.14 should be followed . In case no one files the
nomination whenever the election is due then the Registar may decide to
de register the society
***********************
QW/VV/075/26.08.2015
Question from secretary, Indraprasth tower , sector 9, vasant nagari.
we are paying Rs.30000 pm to the security agency. According to them
service tax is applicable from July 15 @ Rs.14% is as to be paid by the
society.
Question - is service tax applicable to the coop society ?
if applicable what is the percentage ?
Service tax is applicable to society only if the monthly maintenance of each
member crosses 5000/- incidentally to my knowledge there is a judgment
which states that this also is incorrect. Since you are paying the question of
service tax arises under the reverse charge mechanism (RCM) which is not
applicable to society
***********************
QW/VV/076/26.08.2015
Sir what is the yearly Subscription Fee amount of the said Magazine ? Can
one individual also ask for it ?
Individual can also subscribe for monthly magazine at a nominal charges of
rs 200/- including postage. You can download the form from website or
contact the federation office
***********************
QW/VV/077/26.08.2015
We want call to registrar for committee election. Please tell us what is the
procedure n what they will charge.
Is it necessary to inform registrar for election of any housing co - op
society to form the managing committee of C H S ?
Election in housing society has to be conducted once in 5 years. As per the
election rules dated 11.9.14 the housing societies are classified as type C if
more than 200 members and type D if equal or less than 200 members. Six
months prior to the due date of election The society has to fill up form E-
2/E-3 form and submit to registrar after online registration of society once
that is done the registrar shall depute election officer and conduct regular
election with ballot boxes and nominations etc in case of type C society.
For type D society all the procedure is same only thing the election officer
shall conduct by raise of hand in general body.
The procedure remains the same even if one committee member has to be
appointed due to resignation or death of a Comm member.
The election officer charges are available on the website of federation
***********************
QW/VV/078/26.08.2015
Hello sir wanted to know if there is any leakage in the dry balcony it is the
owners responsibility to repair it or societies
Technically the dry balcony is society's premises which the builder sells and
the purchasers buys. The moment you ask society to repair that means you
agree that the society is owner and vice versa. If you ask me. Since you
have bought it and society cannot access that place from outside the
member should repair it
***********************
QW/VV/079/26.08.2015
Can socity call for AGM without Agenda, within 7 days notice on notice
board?
No meeting can happen without agenda. Secondly 14 clear days notice is
must for AGM
***********************
QW/VV/080/27.08.2015
Sir, Is registration mandatory for Leave License agreement for shops or
flats ? Some people are avoiding registration or making notary to save fee.
You have answered your question your self. Payment of stamp duty and
registration is compulsory.
***********************
QW/VV/080/27.08.2015
Sir one of the member has asked following way back... plz we r waiting for
this....
Hi Vishwanathan...
One query...
What if members do not come forward for being part of managing
committee and often General body have to request for someone to come
forward.
In such a case no elections are held and voluntary participants are selected
as managing committee members. In such a case how to follow election
rules?
Also member sometime decide to quit as office bearers or managing
committee members before the term of 5 years completed and new
members needs to be selected(not elected) in place of outgoing member.
Post the amendment to MCS act 2013 even for a single committee member
election has to be done through the registrar only. No other alternative .
***********************
QW/VV/081/27.08.2015
How to follow election rules as sometimes members are reluctant to cater
to society as it is being thankless jobs and so much legality to follow
making members to be afraid of inviting unwanted liabilities...
Yes it's a thankless job. However please take it as a extended family. If a
father says I have to work and feed my wife and children and it's a
thankless job then he has to either leave his family or do something
untowards. Similarly if no one comes forward for committee membership
then the registrar will de register the society and you will again at the
mercy of builder and no one to handle your maintenance , leakage problem
sweeper etc. in short you will be like a orphan. So one has to decide
become a head of a family or an orphan. Sorry for the dramatic answer.
Hope the message is clear that someone has to take the lead .
***********************
QW/VV/082/27.08.2015
Sir ... need help.... whose name should be there on the share certificate in
case the agreement has two names as... owner and co-owner. ?
First owner as first member and second owner as an associate member
***********************
QW/VV/082/27.08.2015
where printed Marathi Byelaws are available for sale or is it available on
website.
model bye-laws released on 30th Aug 2015 on the occasion of opening of
5th branch at Pune.
Marathi bye laws are available at abranch of VTHF at the price of Rs.70/-
per copy.
Order for marathi or English model bye-laws of society. It also will be send
on making phone calls at home delivery by charging additional home
delivery charges of Rs.200/- in addition to cost of bye-laws Thane district
***********************
QW/VV/086/29.08.15
What is procedure for approval of accounts, whether auditor will give draft
report, then committee will approve and office bearers sign and then send
to auditor for his sign? Or office bearers will sign first then place in
committee for approval?
Answer by Viswanathan
Once the draft financial statements are ready the managing committee has
to call for meeting in that approve the financials and draft audit report and
then sign and give it to auditor for his signature
***********************
QW/VV/087/01.09.2015
Flat owner had not paid maintenance past 9 months. We had done phone
call still not paid. Send reminders letter to address shares by him but letter
are returning back. Currently flat renter is staying. Pls suggest action
The notice for recovery should be sent to member not only at the society
address but better to the place wherever he stays in case you have it or
know it. Also send notice to the occupant for using services. Later file a
recovery case u/s 101 of the MCS act before the deputy registrar
***********************
QW/VV/088/01.09.2015
9809662512
Can we co-opt one or two committee member as there is 2 vacancies in
the committee, our society have 71 members society?
Appointing of any number of committee member has to be done by
registrar as per the new election rules 11.9.14. No other option
***********************
QW/VV/089/01.09.2015
My name is not registered there in house agreement; still if I have to
nominated my name for post what will be the legal procedure which I will
have to fulfill? Pls guide.
In case you don't have your name in the agreement then there is no way
that you can hold post in the managing committee after the amendment to
the MCS act. A person's name has to be there in the agreement even if to
the extent of 1% being bare minimum without which no holding of post.
***********************
QW/VV/090/01.09.2015
Our society is going to undertake the painting & other repairing works of
the building. We wanted to know whether we can use the reserve fund for
this purpose with the approval of AGM.
Normally reserve fund money cannot be used . You can use the sinking
fund or the repair fund for repairs. The society has to initimate registrar
(no permission required) about using the same
***********************
QW/VV/091/01.09.2015
Dear Mr Ramesh Prabhu
Just one querry
What all documents are required for flat transfer if no nominee and the
Husband and 2 sons want the flat to be transferred in the 2 sons name. I
just want to know what all documents are required for flat transfer.
Whether all original documents required. I will be waiting for your reply.
Thanks and regards
Kevin
I understand you are seeking information in respect of transfer between
two living persons . The following papers are required
1. Registered copy of the agreement
2. Full receipt of agreement value
3. Possession letter from seller to purchaser
4.form 4
5. Form 22
6. Form 20(1)
7. Form 20(2)
8. Transfer form
9. Transfer fees / entrance fees and premium amount
10. Original share certificate for transfer
***********************
QW/VV/092/01.09.2015
Sir one question which is i think skipped.
Can managing committee appoint structural auditor, or same needs to be
pass in General body meeting.
Appomtment of structural auditor can be done by managing committee
however if the amount increase 25k/50k or 1 lakh depending on the
number of members then approval such payment to be done by general
body only
***********************
QW/VV/093/01.09.2015
One of our Member who stays at ground floor, every week ends play the
music in the night to till morning. Because of this the other member who
stays at 2nd floor complaint to society about the disturbance. Other
members say that they can not hear the sound as their windows are closed
at night. Please advise. Can the member complaint to the police station?
Complaining to police station is the only solution
***********************
QW/VV/094/01.09.2015
Dear sir,
Our society has recently awarded a contract worth appr 7 lacs to construct
a overhead shed. Please confirm whether we have to deduct TDS at the
time of making payments to the contractor or whether the tax is applicable
to society , if applicable at what rate. Please reply.
TDS is applicable . The rate is 1% of the amount if the receipient is a
individual and 2% if it's company or partnership firm
***********************
QW/VV/095/01.09.2015
Awaiting for your revert on my query dated 29th Aug 2015.
Quick revert will be appreciated.
Dear sir,
I have one question. Our society has 5-6 shops and they are using
additional space outside the shop for business purpose. They install big box
cutting machine outside the shop which block the society' s place illegally
for running his business.
Can we charge additional maintenance charge for such act. If yes on which
basis we will charge them.
Pls guide us.
If the shop owners are using the Otla area beyond the shutter and not
doing any construction then it's allowed. However if they are using beyond
the Otla area then after issuing notice to them you can charge penalty to
them after approval of general body. There is no question of increasing the
maintenance as the moment you increase indirectly you agree that they
are the owner of that place
***********************
QW/VV/096/01.09.2015
On submitting the nomination form in triplicate, does the member receive
one copy back duly signed and stamped by the society? In whose keeping
are the other two copies?
Nominations made in form 14 is required to be submitted in triplicate to
society. Upon receipt the triplicate copy has to be given back to member
duly acknowledging it. Later after noting in the nomination register as
approved in MCM the duplicate copy should also be returned to member
mentioning the nomination register serial number in it
***********************
QW/VV/097/01.09.2015
Hello sir
If there is no Agm held in the society for more than two years inspite of
the repeated requests and the renovation work costing more than three
lakhs is carried out without any meetings and quotations then what steps
can be taken .kindly guide.if the parents are immobilized and unable to
attend the meetings then are children allowed to attend the meetings.pls
guide me what are v supose to do as per bye laws
The society has not conducted AGM by 30.9. Every year then you can
complain to deputy registrar about the same and under section 75(5) they
will be removed and new committee will be elected by following
procedures .If parents are not well then children cannot attend if their
name is not in agreement and share certificate . Best is pay stamp duty
add your name in property and become member and by which you can
attend meeting. No other way Appomtment of structural auditor can be
done by managing committee however if the amount increase 25k/50k or 1
lakh depending on the number of members then approval such payment to
be done by general body only
***********************
QW/VV/093/01.09.2015
One of our Member who stays at ground floor, every week ends play the
music in the night to till morning. Because of this the other member who
stays at 2nd floor complaint to society about the disturbance. Other
members say that they can not hear the sound as their windows are closed
at night. Please advise. Can the member complaint to the police station?
Complaining to police station is the only solution
***********************
QW/VV/094/01.09.2015
Dear sir,
Our society has recently awarded a contract worth appr 7 lacs to construct
a overhead shed. Please confirm whether we have to deduct TDS at the
time of making payments to the contractor or whether the tax is applicable
to society , if applicable at what rate. Please reply.
TDS is applicable . The rate is 1% of the amount if the receipient is a
individual and 2% if it's company or partnership firm
***********************
QW/VV/095/01.09.2015
Awaiting for your revert on my query dated 29th Aug 2015.
Quick revert will be appreciated.
Dear sir,
I have one question. Our society has 5-6 shops and they are using
additional space outside the shop for business purpose. They install big box
cutting machine outside the shop which block the society' s place illegally
for running his business.
Can we charge additional maintenance charge for such act. If yes on which
basis we will charge them.
Pls guide us.
If the shop owners are using the Otla area beyond the shutter and not
doing any construction then it's allowed. However if they are using beyond
the Otla area then after issuing notice to them you can charge penalty to
them after approval of general body. There is no question of increasing the
maintenance as the moment you increase indirectly you agree that they
are the owner of that place
***********************
QW/VV/096/01.09.2015
On submitting the nomination form in triplicate, does the member receive
one copy back duly signed and stamped by the society? In whose keeping
are the other two copies?
Nominations made in form 14 is required to be submitted in triplicate to
society. Upon receipt the triplicate copy has to be given back to member
duly acknowledging it. Later after noting in the nomination register as
approved in MCM the duplicate copy should also be returned to member
mentioning the nomination register serial number in it
***********************
QW/VV/097/01.09.2015
Hello sir
If there is no Agm held in the society for more than two years inspite of
the repeated requests and the renovation work costing more than three
lakhs is carried out without any meetings and quotations then what steps
can be taken .kindly guide.if the parents are immobilized and unable to
attend the meetings then are children allowed to attend the meetings.pls
guide me what are v supose to do as per bye laws
The society has not conducted AGM by 30.9. Every year then you can
complain to deputy registrar about the same and under section 75(5) they
will be removed and new committee will be elected by following
procedures .If parents are not well then children cannot attend if their
name is not in agreement and share certificate . Best is pay stamp duty
add your name in property and become member and by which you can
attend meeting. No other way
***********************
QW/VV/098/02.09.2015
If lady members r not willing to come in comittee and cast person is also
not available or not willing to come then these posts should be kept vacant
or any other member should be taken in place of them?
Any reserved category if not filled should get kept vacant and Cannot be
filled
***********************
QW/VV/099/02.09.2015
Is it compulsory to write all statutory books and issue notice in local
language or can be issued in any of the 16 languages of india
Books of accounts and other records has to be maintained in the language
which the society would have agreed for at the time of formation of the
Society as per form A. Otherwise also they can maintain in English Hindi or
marathi only
***********************
QW/VV/100/02.09.2015
Sir ! If a soceity member is the owner of the flat and wife is the nominee,
when he passes away is the flat passed to her and the children ?Does the
wife become the flat owner ?
Dobthe children have right on the flat ?
Upon nomination been done what the society transfers is the shares upon
death of the member and not the ownership right over the property. The
nominee holds the property in trust he does not become owner. All the
legal heir of the deceased member would have ownership right over the
flat even though the shares are transfeered in the name of the nominee in
society in respect of the said flat
***********************
QW/VV/101/02.09.2015
As per rules "Education and Training Fund"= contribution has to come from
members Rs 10- per month per flat or as decided by the general body. ==
Want to know where this amount has to be deposited and what does it
mean as decided by the general body. Also our society was registered in
2012 do we collect arrears from the members as well. Please advise.
Training and education fund @10/- PM per member has to collected wef
14.2.13 or from the date of formation of society . Retrospective not
required. Prospective is enough from the date for adoption of new bye
laws. As of enough it has to be kept in a separate fund - FD. Later govt will
intimate where to deposit
***********************
QW/VV/102/02.09.2015
Dear sir,
I m the owner of flat and I would like to transfer my flat to my brothers
name
What should be the chargers for transfer of owner at society as per low?
For transfer within family member the transfer fees is 500/- entrance fees
100/- and tranfer premium is NIL. This is applicable whether you make gift
deed or an agreement for sale
***********************
QW/VV/103/02.09.2015
I am the member of Shiv om apt. The flat no. B 102 owned by me & now
I intent to transfer the above flat of the same society to my son's name, if
this is possible or not & what is the procedure?
Make agreement for sale / gift deed submit relevant transfer forms ,
possession letter , 500/- transfer fees and entrance fees of 100/-
***********************
QW/VV/104/02.09.2015
Are the rules for election r same for housing as well as commercial society?
Yes
***********************
QW/VV/105/02.09.2015
One question..
What is legal validity of registered sales deed made between members and
builders w.r.t. various terms agreed and signed by purchasers.
It is 100% valid contract and is legally binding on all parties if duly
stamped and registered.
***********************
QW/VV/106/02.09.2015
This question is special relevance to the builder holding ownership of
terrace and giving on rent to mobile companies for erection of mobile
tower on it by including such authorisation terms in sales deed.
The contract cannot overrule an act . Like terrace cannot be ownership of
of builder after formation of society. Act will prevail over contract /
agreement .
***********************
QW/VV/107/02.09.2015
Can members who agreed on such terms during registration revoke such
consent without challenging such terms in court of law?
It has to challenged in court.
***********************
QW/VV/108/02.09.2015
Can AGM cancel the allotment of terrace to mobile companies and overrule
the allotment by builders under such conditions?
The AGM can pass such resolutions and also write to companies . In case
they don't agree go to court
***********************
QW/VV/109/02.09.2015
letter A.G.M
AGM
AGM present ?
English madhe reply dila tari chalel
Leave of absence will not treat him as present . It will be treated as absent
only .
***********************
QW/VV/110/05.09.2015
(1) can we charge penalty for last 6-7 yrs they are using society premises
beyond the otla area.
(2) It covers approx 150 sq.ft . How much I charge for that area.
Aswer by V.Viswanathan
Penalty can be charged upto 5 times of maintenance with retrospective
***********************
QW/VV/111/06.09.2015
Once in 5 years
***********************
QW/VV/112/06.09.2015
Dear sir our society is member of your federation please let us know
whether u have New Bye Law copy with u r office and if yes what is the
price ???
Yes available at a cost of Rs.70/- Vasai Taluka Co-operative Housing
Federation Ltd, Swagat Bhawan, Opp MSEB colony, Near Indian Oil, Station
Road, Vasai Road (E), Dist Palghar. 0250-
2390170/71/2393773/74/6457585 / 95 / 96
***********************
QW/VV/113/06.09.2015
If the builder has in the agreement of sale mentioned they will have liberty
to erect a mobile tower on the terrace and the proceeds be enjoyed by the
builder. Can the flat owners make a MOU with the builder for treating the
clause as void at the time of formation of society and handing over to the
members.
Agreement for sale should be executed as the MOFA and all agreement
should be clauses which are consistent with the act . Any clause which is
against the law is not binding on the parties as its not the law.
Even if such clauses are there in the agreement, which most of the
agreement has it's not binding as immediately after formation for the
society all the common areas including terrace is owned by the society. In
my opinion no separate deed nullifying it is required. However if the builder
is willing to do its a welcome move
***********************
QW/VV/114/06.09.2015
as per above article fire extinguishers are mandatory in society n as per
bye laws no 78 2b fire audit has to be done. Pls advise procedure for the
same.
Yes it is required. The same will be uploaded on our website by Tuesday
***********************
QW/VV/115/06.09.2015
Sir, in a society of 50 members apart from Secretary, treasurer n chairman
how many members can be added for the managing committee?. Can we
have cast wise break up.. thanks
For 50'members it is 11 committee member of which 6 are general, 2
women, 1 each for SC/ST, OBC, VJ/NT/SBC
***********************
QW/VV/116/06.09.2015
Sir one thing I want to add our request to so called managing commitee
remains unanswered or it turned down taking resort to legal provisions. i.e.
asking fr bringing 50 per voting fr conducting meeting.
The society runs under the democratic process as our nation . Therefore
legally they would be right. However the resolution that they pass should
be within the law. For eg. Charging maintenance on area basis is wrong
and cannot be implemented even if 100% agree. Therefore you have test if
what they pass is as per law or not. If not then you alone can fight it out
***********************
QW/VV/117/06.09.2015
Sir our building is newly constructed and it's now two yrs since I staying
there. Builder has made proposed society and has given to some hand full
of people inspite of our opposing that this not right time to takeover since
many issues r pending. Now they r collecting high maintenance without
conducting any meeting nor taking our consent on any society issues
regarding framing of rules, sharing details of a/c. In such Case what option
lies with us as a member of the proposed society.?
In case any thing is pending that has nothing to do with handing over of
society . Pending issues are governed by different act and societies are
governed by different act. Now all can come together and pass resolution
to take action against the builder and fight it out in case mediation does
not work
***********************
QW/VV/118/06.09.2015
As per the Bye Laws Deceased Member Shares are transferred in Nominees
Name I.e. his wife. Deceased Member is having one son. Does she need to
prepare any legal documents for owning the property in her name, if yes
how and what is the procedure. Can she Nominate her son as a nominee.
Can she sell the property
transfer of shares upon death of a person in society is known as
transmission . Such share holder does not become the owner of the
property. Such thing has been specifically incorporated in the new bye law
for better clarity even though this was the law always . All the legal heirs of
the deceased has right over the property. The legal heirs have to obtain
succession certificate / letter of heirship / letter administration from court /
first class magistrate
***********************
QW/VV/119/06.09.2015
Thanks for reply Mr Vishwanathan but the Flat owner is no more living and
also there is no nomination but the Husband of the deceased wants the flat
to be transfered in one of the sons name so I wanted to know what all
documents required for the flat transfer. Please excuse me for I was not
clear in my earlier question. Awaiting you reply I need to know if all
original documents are required as the son of the Flat owner is giving only
zerox copies including the death certificate. So I wanted to know for sure
what all documents are required besides indemnity bond.
All the documents should be certified true copy by the reapective dept or
an advocate and the society may verify the original documents required
1. Indemnity bond by the applicant
2. Affidavit by other legal heir
3. Paper notice 2 local papers
4. Form 4
***********************
QW/VV/120/06.09.2015
If any transfer is not done after the demise of flat owner for last 25 +
years what is the action to be taken by society/what the present residents
should legally do?
Nothing just wait for the concerned person to come forward and apply until
then wait and watch
***********************
QW/VV/121/06.09.2015
So if I nominate my wife and want her to be heir to my flat must I make a
will giving her ownership of the flat as heir once I pass away?
Nominee is only a custodian or a care taker. Will gives the ownership right.
Always advisable to make a will and include all that you want in the Will.
***********************
QW/VV/122/09.09.2015
what remedy lies with if some hand Full of people's form a proposed
society and collects high rate of maintenance nor we r involved in decision
making of society.
Answer By V.VISWANATHAN
You / minority can revolt as there is no society in place and such disputes
would go to civil court
***********************
QW/VV/123/12.09.2015
Is registration with Vasai Housing Fedration Mandatory??
Registration of society i mean.
As per bye law no. 6 all the societies have to compulsorily become member
of federation . Therefore in vasai taluka all have to become member of
vasai housing federation
***********************
QW/VV/124/12.09.2015
Can committee members modify the earlier resolution passed and take U
turn .
Committee member in their meeting can reverse their decision anytime.
However general body cannot do so before 6 months
***********************
QW/VV/125/12.09.2015
Hello sir just want to know if d external water pipe coming from the main
tank has rusted and the flat below has the leakage in d dry balcony due to
this pipes who will be responsible to get the work done society or the flat
owner.
Since the reason for leakages is known and it's a outside society pipe then
it has to be repaired by society only and not the flat owner
***********************
QW/VV/126/12.09.2015
In new by-laws, is there minimum time limit for new members to become
committee member / office bearer?
New members can immediately become committee member now.
Previously there was a cap of 2 years cooling period which is no more
applicable
***********************
QW/VV/127/12.09.2015
Dear Mr Prabhu, if the builder has not given the OC even after 5 year
inspite of his repeated assurance what shud we as a society do to get the
OC. Also now he says that unless we don't pay the VAT amount i.e. 2 %
of the agreement value he will not initiate any paper for OC. We know
that it is his tactic to delay. Pl let us know can the builder club both the
issue as it is first the responsibility of builder to provide OC. Should we go
legally and if Yes then suggest a good Advocate. Kind regards, Raji
Thomas , Ex Secretary, Sigrun Splendor CHSL. Vasai East
You have answered your query yourself that the issue of OC and VAT
payment are independent and the builder cannot mix it up. You may
approach consumer court for the same. Please call on 022-42551414/28
and take advocate name
***********************
QW/VV/128/12.09.2015
I have a question that in Vasai no societies is coming under service tax
payable but every society is paying service tax for receiving various
services such as security account writing etc. In this case any exemption is
applicable to the somi the. I have checked with the service tax department
but they say no provision is there. Your valuable advice will be highly
appreciated
Sorry the above query is from Balakrishnan T P Rajhans Dreams CHS
As you know service tax is a indirect tax and the service provider has to
charge collect & remit the same to government treasury. Presently the law
is like that therefore you and me can't do anything but follow the law of
land. The Information is correct that there is no exemption for the same.
***********************
QW/VV/129/12.09.2015
The forthcoming AGM of our society has a Agenda item..,,proposal by
some of the committee members. That during any Transaction of Sale/ LL
In the society they will collect one side brokerage/ service charge from the
members over and Transfer premium Please confirm society can pass such
a resolution considering the fact that society in not a profit making body
and this in case passed is a direct income . Pls clarify as the AGM date is
fixed for 27th
Such things are against the law and the society cannot do so. The
notification on transfer premium is clear that one cannot charge more than
25,000/- per transfer, including seller and purchaser, under any
circumstances . Since its against the law even if it's passed by 99%
members still one member can oppose the same and complain the same to
deputy registrar
***********************
QW/VV/130/12.09.2015
Can owner of the flat transfer his voting rights or meeting attendence and
speaking rights in meeting to other family member by giving specific Power
of attorney.
POA has no locus standi under society law . Only a joint owner can speak
as per the new act and bye laws.
***********************
QW/VV/131/12.09.2015
Dear sir, one of our member purchase flat on his wife name. Now wife
wants to give authority to husband to attend all society mtng. How she will
give authority to her husband? Wht was the procedure for this.
Without being a joint owner the husband cannot attend the society
meetings. To attend meeting the wife has to sell/ gift some percentage of
flat to husband, pay stamp duty registration and only part formalities can
be attend meeting
***********************
QW/VV/132/12.09.2015
Dear Sir please advice if an associate member can be an office bearer in
the management committee
As per bye laws and MCS act an associate member can become a
committee member. However as per the amendment to the act a person
can become associate member only if his / her name is there in the
agreement
***********************
QW/VV/133/12.09.2015
Agm me kon bath sakta hai par bat and vote nahi kar sakta hai. Aisa koi
rule hai kya ?
The person who is a member can only attend, vote and speak in a general
body meeting . The person who's name is not in the agreement cannot be
a member
***********************
QW/VV/134/12.09.2015
I have two questions
1) Is there bye-laws for federation of Societies?
2) Same society members can be president and secretary of federation
1. Like housing societies federation also have bye laws but there are no
model bye laws. One have to draft the same.
2. Yes the members of society can be office bearers of federation
***********************
QW/VV/135/12.09.2015
Hello Sir, Question is - If any rules is there to appoint 3 members
committeee besides normal committee and is the 3 members committee
selection should be from 11 members committee. If yes please advice
under which rules or act sud be done. As we will be having AGM and same
can be approved.
By your question mean a subcommittee . A subcommittee is not recognized
by bye law or act. The same should be over and above the committee and
not inclusive of committee. Normally such sub committees are made for a
specific work for eg. Redevelopment committee conveyance committee etc.
they are supposed to report to the main committee. You can form such
subcommittee and the same can also be appointed by managing
committee even though I would advise that such subcommittee should be
appointed by general body
***********************
QW/VV/136/19.09.2015
Dear Sir, last year our society elected committee bearer election. But this
year also they asking to take election to select committee bearer again for
next 3 years. Is it as per by laws or as per regulation??
As per the election rules the tenure of the committee is 5 years cannot be
4 years 29 days or 5 years 1 day. No election allowed in between unless
any resignation or death
***********************
QW/VV/137/19.09.2015
Is it permissible for flat owners or the occupants of flats to keep their
personal belongings such as furniture and shoe rack on the staircase area,
terrace and corridor, since according to them they do not have space in
their house to keep such items. Please advise if allowed and if not then
how can this be informed to the members. Is a circular on this subject to
be sent to all and avoid the use of such premises. Thank you.
In normal course the corridor, terrace area and other common places are
owned by society and therefore the managing committee can decide not to
allow the Members to keep things outside. If a general body resolution is
passed to charge them penalty then upto 5 times of the monthly
maintenance can be charged . Alternatively the society can also chose to
allow members to keep things without any fuss. Call is of the general body
***********************
QW/VV/138/19.09.2015
Can you please tell me the percentage of stamp duty and registration fee
to be paid for Gift Deed between Father and son as per new GR for
residential and commercial .
Adv. Parag pimple was kind enough and has already answered it. However
would just add little. If it's only a residential and agricultural land and if the
gift is given by father to son then stamp duty is 500/- and registration fees
is 1% of market value. Additional 1% is paid as Zilla parishad tax. Please
note that the same is NOT Applicable is son gifts to father. Probably a
lucna in the amendment . Good question .Type a message
***********************
QW/VV/139/21.09.2015
Can we pay rs 10000 as a development fund to society for my two co
owners are removed and we need to noc from society for mortgage loan.
Pls suggest can we rs 10000 to society. Is it legally valid
I am clear with your question . However from what I have understood is
that you want to remove co-owners name by paying development fund of
Rs.10000/- to society . If that's the question then answer is NO. As to
remove name you have to pay stamp duty and registration and only after
that and following proper transfer formalities can the name be removed
and not otherwise
***********************
QW/VV/140/21.09.2015
Our one of flat owner wants a car loan...for which he has put an
application for NOC....
( he has applied to a pathpedi bank)
But he already has a home loan. Can we issue him this NOC?And if yes, in
which way... And if NO...and what reason should be given to the flat owner
for decline....Please suggest.
Thanks and regards...
Hitesh Patel
Please send the answer on personal message also.
I have never heard of NOC being given for car loan. Maximum some of the
credit society may ask for confirmation of the person being the flat owner
or member. If they are asking NOC for mortgage of flat for car loan and if
there is already a housing loan going on from some other bank then not
possible. However if the housing loan is from the same credit society then
extension of lien is possible towards the car loan subject to member
agreeing
***********************
QW/VV/141/21.09.2015
Sir,
What r duties/work of secretary/comittee after AGM?
Plz convey......
Immediately after AGM draft minutes to be circulated and finalised within 3
months of AGM
***********************
QW/VV/142/21.09.2015
In case a person made a will and registered, after His/her death whether
succession/legal heir ship/1st class magistrate certificate is required it not.
Please clarify.
No. However if the will is made by a person from a metropolitan city like
mumbai Delhi chennai Kolkatta then probate (confirmation from court) of
will is required . For vasai not required
***********************
QW/VV/143/21.09.2015
Sir is it mandatory to adopt new byelaws, suppose we are not adopting
then what will happen
After the amendment to MCS act 2013 it is mandatory to adopt bye laws
on the lines of the act. If not the model bye laws then you can make
changes in the bye laws as per the new act and passed it which will be big
task for committee already doing job for free so better you adopt model
bye laws . If you don't amend / adopt bye laws then the registrar either
sou moto or upon complain deregister the society
***********************
QW/VV/144/21.09.2015
Ques : Whether all Chartered Accountants can do audit of housing societies
? OR they must be on panel & get panel no.
As per government directives even if a CA does audit it's not enough if he
is not in the panel list of auditor . It's must
***********************
QW/VV/145/21.09.2015
Question is : In agreement joint names are there and if 1st owner does not
want to attend AGM meeting but 2nd owner wants to attend the AGM.
Need to know if 2nd owner has to submit NOC from 1st owner to society or
2nd owners has to fill up some forms before AGM. Request to please guide
on the issue if possible with any act or byelaws sr.no.
When there are two or more than one names in the agreement and other
than first name others are treated as an associate member . The second
and subsequent names should fill in form 7 and 10 A. Once that is done
the associate member can attend meeting instead of the original member
***********************
QW/VV/146/21.09.2015
Question: if society member are absent past 5 continue agm what action
we should take?
E.g Can society cancel there membership of pls help with by law number
Please suggest appropriate action
As per the new bye law if a member does not attend 5 consecutive AGM
then he should be classified as non active member. Alternatively the
general body can chose to pardon him. You cannot expel him by virtue of
that. However a non active member is as good as non member you has no
facilities . He can't even attend meetings till the time he becomes active
member
***********************
QW/VV/147/21.09.2015
Is video shooting compulsary for AGM?
No. Not compulsory
***********************
QW/VV/148/21.09.2015
if someones takes society's document home and refuses to give it back to
society and have also claimed expenses for the same from society, what
action society can take for the same. Person taking document home is not
active member of committee and has no business to keep documents at
home, thks
The committee can do the following
A. Send notices to him to return it back
B. Complain to police station and deputy registrar about the same
C. Pass a resolution in general body meeting to charge him penalty
maximum being 5000/-
D. Initiate expulsion procedure under section 35 for doing things
detrimental to the interest of the society
***********************
QW/VV/149/21.09.2015
What is the minimum number of owners / promoters required for a
registration of society proposal?
60% of the flat / Shop purchasers/ promoters are required to join the
registration proposal if building is constructed by builder/developer. Once
the same is done within 4 months from the sale of 60th% the builder has
to initiate the registration process.
***********************
QW/VV/150/22.09.2015
What is the rule to induct a new committee member. While few committee
member intend to quit.
Need to conduct election as per the new election rules of 11.9.14. Co
option not allowed. Now on even if you have to appoint one committee
member also then too the same procedure of election only
***********************
QW/VV/151/22.09.2015
Is it mandatory to circulate AGM notice to each n every member?....or it's
enough to stick on notice board.
2) is it mandatory to distribute balance sheet to every member before 15
days.....
Circulation of audited financial statements with full audit report is must to
be circulated to all members minimum 14 clear days along with notice to all
members . Pasting notice can be in addition to this but posting is must
***********************
QW/VV/152/22.09.2015
Dear sir, one of our member purchase flat on his wife name. Now wife
wants to give authority to husband to attend all society mtng. How she will
give authority to her husband? What was the procedure for this.
Without name in the agreement no one is a member and therefore one
cannot attend meeting . Even if it's between relatives only flat owner can
attend meetings. Wife has to transfer either some or full rights in favour of
husband do registration of document follow transfer formalities only then
husband can attend meeting
***********************
QW/VV/153/23.09.2015
Question:Builder allotted parking spaces to a member after registration of
society. Do builder has such right? If so under which bye law No. Society
planning to challenge builders action. Please advise.
We r member of hsg. Federation.
Builders cannot sell parking space. However "allotment" is possible. In your
given case even allotment is not possible as the society is formed and 4
months after society formation society becomes the owner of all the
common areas. You have a good case on hand
***********************
QW/VV/154/24.09.2015
How many signatures are required to be signed by promoters for
registration proposal?
60% of the promoters who have joined the registration proposal are
required to sign it. Along with that the copy of the registration receipt of
their flat / shop / gala is also required.
***********************
QW/VV/155/25.09.2015
A Building has less than 10 units in such cases whether Co-operative
Housing Society can be registered?
Cooperative Housing Society having less than 10 units can be registered
subject to the following conditions:
The built up area of each unit should not be more than 700 sq.ft. There
should not be balance F.S.I and with the special permission from the
government.
***********************
QW/VV/156/26.09.2015
Since 2004 society has not presented any audit report.
I am paying maintaince bill regulary since 2004
I have asked for audit reports many times.
No audit report is shared till date.
Can i stop the payment of maintaince bill? Please advise.
You cannot say that if you do this I shall do that. The way conducting AGM
and issuing audit report is the committee's duty similarly paying
maintenance is your duty . Both are exclusive . You have to continue
paying your maintenance and at the same time you can complain to
registrar against committee for not giving the audit report.
***********************
QW/VV/157/26.09.2015
Sir,Whether service Tax applicable in maintenance bill.
If the monthly maintenance is above 5000/- per month per member the
yes else not applicable
***********************
QW/VV/158/26.09.2015
Its not every time possible to fulfill as per bye law.Can committee take the
suitable action favourable to all the members.
Your question vague. I do understand following bye laws may be tough
task however we have no other alternative . Follow the law..... By-law
***********************
QW/VV/159/26.09.2015
If any owner not taking society permission before subletting his flat what
action society can take against owner. Can amount of penalty of rs 5000
can be decided in agm.
Is registered rent agreement is compulsory. Can society accept normal rent
agreement which is not registered.
For your information NO permission is required for giving the flat/ shop on
rent. Only intimation is required to be given minimum 8 days prior to giving
the flat / shop on rent is required. Payment of stamp duty and registration
is must
***********************
QW/VV/160/26.09.2015
Please advise if owner has rights to vote n fight mc election if he or she
has given flat on rent and staying in different society.
If a person is a active member then right to vote is always there. In my
opinion right to contest is only to person who stays in the office. Some may
differ this view.
***********************
QW/VV/161/26.09.2015
Please advice if agm can b taken without audit report
One of the requirement of AGM is placing the report of committee and
audited financial statements without which AGM is not complete . Any
person objecting to it would have a valid point
***********************
QW/VV/162/26.09.2015
Since the audit reports are not avble, We could not go for AGM by
Sept.15, What is the alternative action.? Should we inform Registrar and
take extension.pl. Advise.
AGM now on must be conducted by 30.9. There is no extension possible.
Technically you have to intimate the registrar about the same and he will
depute his authorised officer to conduct the AGM. However in case you do
so after 30.9. It will still be taken as valid AGM unless challenged in the
court of law.
***********************
QW/VV/163/26.09.2015
Pls also advise if income tax returns are compulsory. If yes pls advise if v
have file income tax returns for last ten yrs. And what is the penalty if
returns not filed.
Return filing is compulsory and you can maximum file for 2 years. The
income tax levy penalty of 5000/- per year for non filing plus can ask you
to file pay taxes interest and penalty going upto 3 times of the tax amount
.
***********************
QW/VV/164/26.09.2015
If a person has bought a flat in cash from a member before society
registration and has not paid NOC charges to the builder but has paid
transfer charges to the society after society registration and society
handing over. Can society accept him as a member and issue noc for name
change at various places, issue share certificate , fill index forms.
There is NOC charges required to be paid to builder. Infact there is no
transfer fees also here as he is becoming the first member of the society
and therefore there is no tranfser. He has to just pay 500/- share money
and 100/- entrance fees. That's it.
***********************
QW/VV/165/26.09.2015
Sir, if builder has allotted a parking place to a member, then for how many
months the member can use the allotted parking place as in our society no
of parking place is much lesser than the members.
Parking is a perinial problem. Everyone is aware that builder cannot sell
parking . However he can always "allot" parking spaces. If allotment is
don't for life the member can use it
***********************
QW/VV/166/26.09.2015
Please advice if agm can b taken without audit report
One of the requirement of AGM is placing the report of committee and
audited financial statements without which AGM is not complete . Any
person objecting to it would have a valid point. However the committee
can place the unaudited balance sheet before AGM with a valid reason for
delay . If the body agrees the same can be passed with a condition that
the audited balance sheet is placed before the SGM sooner and later a SGM
can be called on to approved the audited accounts and deviation if any
from the unaudited accounts may be discussed.
***********************
QW/VV/167/27.09.2015
Can A G M allow some member to extend length of half Balcony if yes how
to regularize addition F S I OR must be approved first from MUNISPALITY
The society / committee has no right / authority to allow any one to do any
construction activity other than those as per approved plan which ought to
have been done already by the builder
***********************
QW/VV/168/27.09.2015
My query as under:
Before Registration of Society members has sold the flat to another buyer
and the buyer has again resold the same flat to another buyer this
transaction happened without paying any transfer fees to builder. When
builder has registered the Society he has given the name of 1st member in
the application form. Now what is the procedure to regularise the
documents of present member to became a valid member of society.
Above all deals did by broker without informing builder prior to
Registration as well as handing over of society to provisional committee. Pl
advise. Laxman from Aster Building. Vasai West.
Builder had and has no right to collect any transfer fees from owners. If
the builder has mentioned the 1st owner only as a member even though
on the day of registration there owner 3 of that flat means there was a
misrepresentation before the registrar at the time of formation of society.
For a practical solution and if it's a one of case and subject to agreement of
general body you can take a indemnity bond from the present owner , take
chain of agreements, application of membership fees, entrance fees , no
transfer premium and admit the Present owner as member after verifying
the original chain of documents . In case there is a loan after NOC from
bank.
***********************
QW/VV/169/27.09.2015
Wish to know, our accounts compilation has been delayed, we shd b able
to gv the same by 31st oct 2015, what wud b its implications as iam gvn to
understand that 30 sept is last date for filing soc a/c's, yr feedback
solicited in this regds
accounts had to be audited within 4 months from the end of the financial
year that being 31/7/ and AGM should be held by 30.9. techincally if the
AGM is not conducted by 30.9. then the committee is required to call the
registrar who will appoint an authorised officer to conduct the AGM.
practically speaking you conduct AGM after 30.9. without authorised officer
and it will be valid unless challenged.
***********************
QW/VV/170/27.09.2015
can we get duplicate copy of OC issued by CIDCO?, if yes, what is the
procedure?
make an application to VVCMC under RTI using the BP (building permit )
number given in the CIDCO letter and you can get all the papers relevant
to that BP file number
***********************
QW/VV/171/27.09.2015
In commercial building .. Can the terrace be assigned to an individual
premises owner for exclusive use by the builder ?
Terrance and other common areas like, common internal roads, corridoor,
play area, compound area all belongs to the society and builder has no
right to allot the same to any one.
***********************
QW/VV/172/27.09.2015
Is there any rule regarding how many years same sub-tenant can be kept
in same flat ?? Is there any role of society in this regard ??
There is no rule or bar in keeping a sub-tenant in the same flat. he / she
can be kept for any number of years. however per the evidence act if there
is no claim and no dispute in any property for more than 12 years then the
occupant can claim ownership over it. however in leave and licence
agreement if you have a proper registered agreement no one can claim
ownership over it. however on a safer side people prefer to shift / change
the licence every three to five years and it is advisable also.
***********************
QW/VV/173/27.09.2015
I m kotekar from Johova village RH CHS ltd, Vasai
If member's wife wants to attend AGM, she is not associated member also
and she wants to make Hangama only so can we cancelled meeting at that
situation Please advice
she cannot legally attend the meeting as she is nor the member or an
associate member. still if she enters the meeting the chairman / committee
has full right to object it. however if still she insists and does not leave the
meeting the committee can call the police to remove her.
***********************
QW/VV/174/29.09.2015
government.
***********************
QW/VV/175/01.10.2015
Our society is ten yrs old and share certificates are not yet issued. Now we
are in process of issuing share certificate. While checking records we found
that previous committee has issued 2 share certificates from share
certificate book. And from another book 2 share certificate pages are
missing without any record. Now in AGM held on 26 sept all agreed to pass
resolution to cancell all previously issued share certificate. Pls advise if this
is a right action if not pls advise correct action.
This action is correct however there is lot of precautions to be taken before
such action is initiated. to name few some members would have taken
bank loan and share certificate would be kept there. in some members
case member may not be alive, in some cases there is no loan of any bank
however the member would have misplaced his original agreement.
therefore there are many issues in this which needs to be addressed. i
would be not in a position to explain this on whatsapp. request you to
meet me personally in case you need my guidance else obtain proper
professional help and understanding before starting the work.
***********************
QW/VV/175/01.10.2015
Today every one takes a house on joint name may be for the purpose of
loan or any other reason. They call themselves joint owners and not first or
second owner. Tell me Sir from the society's point who is the member
They are definitely called joint owners and the moment you say joint then
it is understood that one is first and the other is second. you cant have two
first owners or two second owners. both have equally right over the
property in case the share proportion is not mentioned in the agreement. if
mentioned then it is in that proportion that they own. in respect of society
matters the new act 2013 and bye laws have made many, if not all, things
clear that by default the first owner has the right in the society however in
case he is not interested he can relinquish his right in favour of second and
second owner gets the right in society to attend meetings and speak, vote
and contest. ownership and membership are exclusive even though both
depend on each other.
***********************
QW/VV/176/01.10.2015
Dear Sir our society hire advocate for Conveyance purpose. He confirmed
the charges for Conveyance Rs 2500 and deem conveyance Rs 5000/-.
ADVOCATE has already send Two notices to Builder,Registrar but we got
written revert from Builder that he was only Developer and original Rights
of land with Dewan...We also send letters to Dewan but still no revert from
Dewan. Need your help to know whether this procedure is right to get
conveyance ? As now we will submit all agreements of our society the
Advocate for further course of action. Need your guidance in this regards.
First and foremost the moment you appoint a professional you should have
full faith and freedom to ask questions to them even if that amounts to
questioning the professional himself. i shall explain the point to you. in
normal course landlord sells the development right in favour of builder in
exchange of handsome amount. the builder constructs the building on such
land, sells the individual flats / shops and leaves with profits. now at the
time of conveyance of land in such cases both landlord and builder has to
be made as party to the conveyance as land is getting conveyed to the
society which is recognised becuase of the building that is constructed by
the builder. when they both cooperate to sign and registered the
conveyance deed it is termed as a normal conveyance. and where atleast
one of the party does not agree to sign then the matter goes before the
District Deputy Registrar (DDR) who takes up hearing and passes
appropriate order after calling on all the affected three parties namely
builder, landlord and society. that is called deemed conveyance order.
thats the end of first stage. later the second stage you have to approach
the collector of stamps for adjudication with all the agreement copies of
the flats / shops owners of the society to get it verified if proper stamp
duty is paid or not. later in the third stage you regsiter the conveyacne
deed with sub-registrar office (SRO) and the final stage is 7/12 extract or
the property card transfer. still in case you have any query please do meet
me in my office to have better clarity.
***********************
QW/VV/177/01.10.2015
what are rules in regulation In connect the power and other issue Last one
weeks in society meeting and He told her me you are only for members
can't do the authorities the members. Please the tell me a are society is
correct the answer please Mr prabhu tell me you are any new rules in
society. Please give me advise
as per the new MCS act 2013 and bye laws in case you dont have your
name in the property you are not termed as member and therefore cannot
be the member and committee member of the society
***********************
QW/VV/178/01.10.2015
The rules of conducting AGM by sept.30 Th is confusing.the answers given
by you are also contradicting.this is my humble feeling.
1. Due to audit delays if the balance sheet is not made ready how the MC
can be held responsible.?
2,under such circumstances after informing Registrar with facts AnSGM
Can be conducted says Shri.Ramesh Prabhu in a earlier answer.Can we go
for SGM?
3,the MC Is tenured for 5 Years.then why go with a voters list to Registrar
for AGma's As per Shri.Jain? For every AGM voter's list is needed?
4,if AGM could not be conducted by 30th Sept what is the correct/exact
recourse?
with warm regards
There was no contradiction only thing is the matter was not cleared to you
properly. i shall try to explain to you to the best of my ability regarding
accounts..... nomally the audited financial accounts has to be placed before
the AGM every year and AGM needs to be conducted latest by 30th sept
every year. in case Audited financial statements are not present what
prabhu sir mentioned is you may place the unaudited financials before the
AGM and later when the accounts are audited call a separate SGM to
approve such audited accounts which may happen well after 30th sept.
there the committee should explain the deviation in audited and unaudited
accounts if any.... there is no recourse or extension available for AGM
beyond 30th sept. however all the actions taken at an AGM held after 30th
sept will continue to be valid UNLESS CHALLENGED. hope i have made the
AGM and accounts matter clear. regarding elections the same has to be
held once in five years only. the voter list is not required every year in the
AGM... only in the year in which elections are due that year the elections
may be held in AGM and therefore the list in that AGM. else not required
every year.
***********************
QW/VV/179/01.10.2015
In one of my friends society elections are to be conducted in December.
Since July there is a cc
There is a caretaker committee. Can this committee call an agm . Some
members are objecting this move. Please advise. Also can this committee
go ahead with transfer of nomination in case of death of a member. The
committee needs an advice on the same too. If not when will the transfer
of shares take place. Kindly advise.
Till the time regular elections are not conducted the existing committee
remains as the proper committee and they have all the rights . However it
is advisable not to take major decisions by the committee alone. Transfer /
transmission of shares is not a major decisions which such committee can
take. There should be any problem in it.
***********************
QW/VV/180/01.10.2015
Please advise if a member own a flat on Husband as well as on wife name
can they both attend ANUAL GENRAL MEETING or only one is allowed or a
first name is allowed to allowed. To vote or one can only be allowed
Please advise on the above we can stop other members wife to attend
AGM on a single name
In case of joint owner the first owner is the member and the second owner
is termed as associate member as per new bye law and MCS act 2013. In
normal course only the first member is allowed . However in case he
cannot and he can authorise the associate member to attend . Both cannot
attend
***********************
QW/VV/181/06.10.2015
government.
***********************
QW/VV/182/06.10.2015
Can a society be still registered if the builder does not register a Co-
operative Housing Society?
The 60% promoters can come together and apply the DDR who shall pass
an order and later send it to respective Deputy Registrar for formation
under the non-cooperation category.
***********************
QW/VV/183/07.10.2015
Whether the Chief Promoters has got authority to withdraw the money
deposited in the bank opened in the name of proposed CHS and he being
the signatory?
No. The Chief Promoter has no power to withdraw the money. However in
any case if the society is not registered and / or before registration of the
proposed Cooperative Housing Society can be withdraw the money with
the permission of the Registrar.
***********************
QW/VV/184/09.10.15
Piz.reply when some members has objection on audit repor & they
demanded for reaudit what should managing committee to do?
For re audit process there has to be valid reason which should be minuted
in the general body resolution. Later the same should be sent to DDR who
in turn will call for hearing and decide. Once he agrees depending upon the
case auditor will be appointed as per panel and the complainant has to
deposit the re audit fees
***********************
QW/VV/185/10.10.15
Hi i would like to know when we purschase a resale flat what is the amt
which needs to be paid as transfer fee and membership fee
Transfer fees Rs 500/- entrance / membership fees Rs. 100/- and transfer
premium maximum of Rs 25,000/- same for flats and shop
***********************
QW/VV/186/10.10.15
Can u also explan what does transfer and membership consists
Shall try to answer as the question is quite vague.
Transfer means transfer of interest in shares of the society from one
member to another and membership means application for membership
directly at the time of inception of society.
***********************
QW/VV/187/12.10.15
Top floor flat if there is leakage from roof is the society is responsible to
bear the internal repairing cost and painting works. One member state
160A it is soc. responsibility. Plz explain us.
Rgds
If there is leakage in the top floor flat from the terrace then it is the
responsibility of the society to repair it
***********************
QW/VV/188/12.10.15
I had paid a total amount of Rs 22600/- towards transfer premium,
membership and transfer fee. But society committee reluctant to provide
to this effect and says that we have taken the amount as donation to
society. Is it in order? How can I obtain d receipt from d society for the
actual cause I paid? Kindly help me to solve d issue ?
I presume that you have paid the said sum by account payee cheque .
Now you mention the same through a letter tot the society that such sums
are paid as transfer premium. Also still if they don't give you membership
you can apply under section 22(2) / 23 for membership to the deputy
registrar and obtain membership
***********************
QW/VV/189/12.10.15
This is Dewan No.6 Premises CS Ltd. Membership No.T-1875. One Gala in
our Society is unauthorisdly using Acid in the Gala. Members were
objecting to the usage citing irritation in the eyes; breathing problem;
corrosion of metallic items on vehicles; water taps etc. Repeated requests
verbal/written did not bring any change in him. AGM had also passed
Resolution prohibiting use of Acid in the Society and communicated to him.
Can u please guide us as to whom to complain about this to ensure that
the Gala stop usage of Acid in the Society premises ?
Usage of strong acids are and should be prohibited in society. It is good to
learn that you have passed such a resolution in general body . Meanwhile
after writing letter to such members please write to police station and
deputy registrar and also vvcmc health department
***********************
QW/VV/190/14.10.2015
From: K.A.Desai mob: 9890662512
If a member of society staying at other society permanently but he attend
the AGM every year, now wants to become a committee member, can he
contest the election? As he is not staying for long time.
If a person does not stay in the area of operation that's the society then he
can't contest election. However if he is staying now then he can contest.
Just because he was not staying for long time does not disqualify him.
***********************
QW/VV/191/16.10.2015
Sir, What r the options available to Co-op. Societies to recover outstanding
maintenance from members. One option is u/s 101. Is there any other
option ? What is the effect ? What is the normal charges for recovery
procedures and who bears the charges/costs ?
Thanks - OM Vijayan
You can approach cooperative under section 91 however that may not with
stand without exhausting resource of 101.
***********************
QW/VV/192/17.10.2015
Sir, Can we give a special concession to the seniors. Citizens Rs.100/- in
the maintainance bill to the member completing 60 years .
Management of the society is at the full discretion of the general body and
the managing committee. They can decide what's best for the society. I
see no reason why such concession cannot be given. However
"reservation" of any kind may be dangerous and contagious. Today it's is
senior citizens tomorrow it will disable and only hope any particular race of
persons should ask reasoning it. All the best
***********************
QW/VV/193/17.10.2015
Hi sir, good morning. Sir one of our society member wants to change his
name in society record . What requirment he ahould complete for this.
Changing name of a person if major can be done by giving an affidavit
registration of declaration and publishing in the official gazette. Once it's
done you take a simple application with all the true copy proofs and pass a
resolution in managing committee and change it
***********************
QW/VV/194/20.10.2015
Dear .. Ours building was constructed in 2005 .. For initial 8 months builder
has collected maintenance .. After that committee was formed to handle
society operations but it was not registered as society at that time .. In
2010 we formed society under MCS Act .... One of our member has not
paid maintenance from 2005 till date .... Does society has right to collect
maintenance from that member for duration of 2005 to 2010 or we can
collect maintenance after society formation only i.e. 2010??
Please guide in this regard.
The society has right to Collect maintenance only from the day it is formed
and not earlier. Therefore here the right to collect maintenance is only
from 2010.
***********************
QW/VV/195/20.10.2015
Sir,can u clear me wheather a member of a society who has 3 Children
after 2006 can contest society election ???
If its no, then on which act or byelaw this provision exist??
what is the year after the more than three children of a member is denied
to contest the election??
Any member having more than two or more children is disqualified to
become a committee member. Please refer to section 144E(1)(d-1) of the
MCS act since 2001.
***********************
QW/VV/196/22.10.2015
What happens in case the registration proposal is rejected?
Such rejection order can be challenged by filing appeal under section 152
of the M.C.S. Act 1960 before the Divisional Joint Registrar C.S. of the
concerned Division.
***********************
QW/VV/197/22.10.2015
What the circumstances are for de-registration of a Cooperative Housing
Society? And under which section?
If the society is registered on the misrepresentation made by the
applicants, or the object for which the society was formed is completed or
exhausted or the purpose for which the society has been registered are not
served. De-registration is done under the provision of Section 21-A of the
M.C.S. Act.
***********************
QW/VV/198/23.10.2015
Is there any circumstance under which the registration of the CHS can be
cancelled?
Registrar can cancel the registration of CHS under section 21A of the
M.C.S. Act under the following circumstances:
a. If a CHS transfer the whole of its assets and liabilities to another society
or.
b. Amalgamates with another society, or
c. Divides itself into two or more societies or,
d. Liquidation proceedings are terminated under section 109.
***********************
QW/VV/199/23.10.2015
What is the registration fee required to be paid for registration of a
Cooperative Housing Society?
The applicable fees for formation is housing societies are: -
a. Tenant Co-partnership /ownership CHS Rs.2500.00
b. Other (General) CHS Rs.2500.00. All fees to be paid online only.
***********************
QW/VV/200/25.10.2015
Is it must for promoters to submit their applications for membership to the
Chief Promoter before registration of Cooperative Housing Society?
Yes, all the promoters should submit their application for membership to
the Chief Promoter before registration so s to enable him to undertake
about receipt of application for membership in the prescribed "Y" form to
be submitted to the Registering Authority.
***********************
QW/VV/201/25.10.2015
What is the remedy if Chief Promoter fails to deposit the share money and
entrance fees collected from promoters in the Bank?
Failure of Chief Promoter in depositing share money collected from
promoters of proposed CHS amounts to an offence u/s 146 of M.C.S. Act
and the Chief promoter can be prosecuted in the court of law with previous
approval of Divisional Joint Registrar of concerned Division u/s 148 of the
Act.
***********************
QW/VV/204/27.10.2015
Who is required to convene the first General Meeting?
The Chief Promoter of the society should convene the first General Meeting
of the members.
***********************
QW/VV/205/27.10.2015
What is the remedy if the first General Meeting is not called by Chief
Promoter in time?
Upon failure of the Chief Promoter to call the first General Meeting of the
society in time, the concerned Registrar can call for the meeting upon
complaints given by the member/s of the society.
***********************
QW/VV/206/28.10.2015
What are businesses to be transacted in the first General meeting?
The agenda for the first General body meeting is fixed by the bye law no.
87 a. There are about 10 items. Among others some businesses are
enumerated below
a. Election of a president
b. Admission of new members, if applications are received.
c. Receiving a statement of accounts and report stating all transaction
entered in by Chief Promoter up to 14 days before the meeting.
e. Constitution of provisional committee for a period of one year.
***********************
QW/VV/207/28.10.2015
Who’s duty is it to convene the AGM?
Rule 60 of the M.C.S. Rules cast responsibility on the secretary of the
society to convene the AGM
***********************
QW/VV/208/29.10.2015
Who is responsible to ensure the AGM is convened within the stipulated
time?
Bye law No 139 (17) provides that the committee of the CHS should ensure
the holding of AGM within the prescribed period.
***********************
QW/VV/209/29.10.2015
What is the business to be transacted in AGM
Among others, the following business is required to be transacted in AGM
a. To receive a report of the committee together with statement of
accounts for the preceding cooperative year/years.
b. To consider audit report received from the Statutory Auditor for the
previous Cooperative year/years.
c. To declare the result of election if held prior to AGM
d. To consider the appointment of Statutory Auditor.
***********************
QW/VV/210/30.10.2015
Sir good morning
If any member has lost his original share certificate ,can the society issue a
duplicate share certificate? If yes then what is the procedure?? Pls reply
.Thanks.
Obtain an indemnity bond on Rs. 200/- stamp paper and a simple
application. Also paper notice is advisable to be issued in two local
newspapers. Receive the charges of Rs. 50/- later pass the same in
managing committee resolution and issue a duplicate share certificate
***********************
QW/VV/211/30.10.2015
We have passed one resolution in AGM which states fine of rs 100 will be
charged if any four wheeler vehicle is parked in society premises. Now we
have recieved a letter from one of our member objecting this resolution.
His letter says that resolution is passed by non members who are not
supposed to attain the meeting and he will not pay any fine. On checking
minutes book we found that 50% of the people were non members. I.e
spouse of the member. Even that resolution of car parking is proposed by
member n seconded by non member. Pls advice can we go ahead and still
charge fine.
Since non members attended the meeting in large numbers the resolution
passed cannot be taken on record. It is better to call a meeting again and
pass proper resolution. Until then don't use such resolution
***********************
QW/VV/212/30.10.2015
Dear Mr. Vishwanathan Sir ... Please reply to my following query :
Ques.: Whether society which is not yet registered but handed over by
builder few months back can collect transfer fees if flat is transferred.
There is no transfer fees or premium applicable if there. Is no society.
Therefore no question of collection of the same by builder or the under
registration society. Not applicable at all
***********************
QW/VV/213/30.10.2015
What if any member go to co operative court against the decision of AGM
and made complain against the society as well as on the committee
members? Kindly suggest.
Any resolution passed can be challenged in cooperative court only under
section 91of the MCS act. Any member can do so. The society has no
option but to defend the same in the court.
***********************
QW/VV/214/30.10.2015
Sir
AGM Meeting AGM minutes document Ragistar office la
submit ?
acknowledgement
Yes. The minutes of the meeting along with approved financial statements
has to be submitted to deputy registrar
***********************
QW/VV/215/30.10.2015
Sir
Member who does not stay in society, can he posses any post of office
bearer?
No. If a member does not stay in the area of operation that's the society
then he can't contest election of the society
***********************
QW/VV/216/30.10.2015
One of our society members wants an noc stating that her daughter is
staying with her.. But actually speaking she is In abroad..kindly advice can
we issue such NOC..
Simple it's manipulation and wrong doing. Simple application of mind is
required that you should not give any such NOC as you and other members
may land in problem. Don't do it
***********************
QW/VV/217/30.10.2015
Pawan paradise chs is member of your federation .Sir origional share
certificate is not signed by secret.andchairman .of that time. That chairman
has sold the flat and secret .staying at mumbai. The
Present sec . and chair. Can sign.the original share crtificate.pl.advice
If the share certificate was not issued earlier to any one then the present
committee members can issue the same.
***********************
QW/VV/218/30.10.2015
Question to Mr. Prabhu-
Whether the society should write name of current owner of any flat in
share certificate(front side) or we should maintain chain by writing name of
first owner who has purchase the flat from builder.
Sir,if any member is requsting to add new name in share certificate which
is not there in Registration Deed, what society to do? What is a procedure
for the same.
Always on the day of registration of the society which ever person is the
owner of the flat or shop becomes the first member of the society and his
name should be written on the front of the share certificate. The
subsequent transfer should be endorsed on the back side of share
certificate. Very clear that the person who's name does not stand on the
agreement then his name should not be added in the share certificate
***********************
QW/VV/219/30.10.2015
If owner is not staying in society and given flat on rent, Can owner park his
old car in open space or shall society can remove his car
Answer
Normally if a person does not stay in the building then he should not Park
his vehicle in society. However if the society has space to park then should
be OK subject to general body agreeing
***********************
QW/VV/220/30.10.2015
Committee decides on it's own to close our individual overhead tap when
they find we have gone out and not at home when they release the water
for the day. What action can be taken against the committee for this?
Ideally first write a letter to the committee to find out the actual reason for
doing so. If they have purposefully done it then ask them to ask for
forgiveness. Take up the issue before the general body meeting whenever
it happens. Don't get into litigation as that time the concerned member
was not at home and mostly the committee would have done in the
interest of the member and society
***********************
QW/VV/221/30.10.2015
Dear sir, I was the chairman of siddhi homes co op society last FY. Even
after the accounts got approved in AGM, I want to do 're auditing of my
society accounts as I came to know some vertual entries passed for certain
payments. Under which section can I do so. Pls suggest...Regds.
Dharmendra.
For initiating re audit one has to have a concrete evidence and reasoning
for the same. If available then you have to make a complaint before the
district deputy registrar at thane. He will decide whether it's a fit case of re
audit or not and then ask you to deposit the audit fees in Govt treasury if
found positive for re audit and layer appoint a Govt auditor
***********************
QW/VV/222/30.10.2015
+91 90293 16599: Hello sir, can you tell me what is annually audit fees
each flat we have 48 flat in our in our society Regards santosh
+91 90293 16599: What is the minimum & maximum limit
For vasai area minimum is rs. 75/-per member per annum. Maximum no
limit
***********************
QW/VV/223/01.11.2015
Dear sir,one of our society member requires NOC from society for banking
purpose..but the member has outstanding maintenance due on him...can
we still issue noc
Even though legally the noc can be given is that noc does not speak about
no outstanding dues. However it is opportunity for society to make hay
while the sun shines. Pressure that member to pay dues before giving NOC
***********************
QW/VV/224/02.11.2015
Dear vishwanath our society had conducted elections in December 2014
and I was selected as secretary from flat A303 of which my wife is a joint
member. My mother a member of flat A304 expired in June 2015. As I was
the nominee the flat got transferred in my name. Now I want to make my
wife an associate member from flat A303 of. which I have been selected as
secretary. Can I remain as secretary from flat A304 instead of A303 (.
from where I was selected as secretary) or is there any other procedure
which our society has to follow.
The primary condition to become the committee member of the society is
that you have to be the owner of the flat in the society. You are the owner
of flat no. 303 along with your wife who is an associate member. Now the
shares in respect of 304 were transferred in your name upon demise of
your mother. However I presume that you have not followed the required
ownership procedures of approaching competent court to get ownership
over flat 304 therfore in my opinion you are not the owner of flat 304 and
therefore you not eligible to become committee member by virtue of 304
but only 303.
***********************
QW/VV/224/03.11.2015
As per the Nomination Deceased person; Shares has been transmitted to
the Nominees name. Now Nominee wants an NOC from Society for
transfer of Electricity Meter. Can society issue an NOC stating that she is a
Bonafide Member? Society can issye a general letter statng that He,/She is
staying last so many years. Please advise
Time and again I have replied such queries that nominee does not become
the owner of the property but is only a custodian or a caretaker of flat.
There should not be any issue in giving noc to member for electricity meter
transfer.
Similarly no issue is stating that he stays in the flat for so many years if he
actually was staying. By that he does not become the owner of fkaty
***********************
QW/VV/225/04.11.2015
Due to any reason if the general body meeting is not concluded on the
same day then what is the recourse?
If the business on the agenda of the general meeting of the CHS is partly
transacted then the said meeting shall be postponed to any other suitable
date, later than 7 days but not later than 30 days from the date of the
meeting as may be decided by the members present at the meeting.
***********************
QW/VV/226/04.11.2015
Can a AGM be adjourned due to want of quorum ?
Yes, an AGM can be adjourned for want of quorum
To the time as may be specified in the notice on the same day or
To a subsequent date, not earlier than seven days.
Holding of adjourned meeting will not required quorum.
***********************
QW/VV/227/05.11.2015
What business cannot be transacted in AGM without due notice ?
Any major business not mentioned in the agenda cannot be transaction.
However the following business cannot be transacted in AGM without due
notice
a. Expulsion of members of the CHS
b. Amendment / adoption of bye laws
c. Bifurcation, amalgamation, division of the CHS
d. Transfer of Property of the CHS like land conveyance
***********************
QW/VV/228/05.11.2015
What is the minimum period of notice of AGM
14 clear days notice is required to be given for calling the AGM. That is to
say excluding the day on which the notice is issued and the day of AGM
scheduled.
***********************
QW/VV/229/15.11.2015
Whether AGM is treated as invalid if the notice is not served to any
members of the CHS?
Conducting general body meeting is a democratic process. It cannot be
treated as invalid unless and until such order are passed by the
Cooperative Court.
***********************
QW/VV/230/15.11.2015
What is the period for finalizing and audit of accounts of the CHS
The society has to conduct the audit of the accounts within 4 months from
the end of the financial year.
***********************
QW/VV/231/16.11.2015
What remedy is available if the AGM is not called before 30th of
September?
As per the new amended act there is no recourse for the Committee of the
CHS to go for extension. In case the Registrar receives any complaint
about the same then the committee is liable to be dismissed and debarred
from contesting election for 5 years and the general body to be conducted
by the authorised officer so appointed by the Registrar.
***********************
QW/VV/232/16.11.2015
How can one challenge the resolution of the AGM?
Resolutions passed in AGM may be challenged in the Cooperative Court
under section 91 of MCS Act 1960.
***********************
QW/VV/233/17.11.2015
What remedy is available in case resolutions are not recorded modified
altered deleted etc.?
Only remedy available is to file a dispute under section 91 of the MCS Act
1960 before the Cooperative Court.
***********************
QW/VV/234/17.11.2015
In case if the resolution passed in AGM/SGM are neither stayed nor set
aside by Court then is the resolution so passed binding on the members /
society?
Resolutions passed in AGM/SGM remains in force unless and until stayed or
set aside by the Cooperative Court.
***********************
QW/VV/235/20.11.2015
We have to purchase one flat in Vasai.for Daughter. Bank loan is
sanctioned from ICICI BANK.
But they says since income of daughter they consider we can't add name
of either mother or father in Flat Agreement For Sale. It Wl be Solely in
Daughters name only.Her age is 24, Now what shall we do for additional
safety of our daughter after marriage. Can we add any ones name as co
applicant / co owner after taking possession of the flat. With consent of
builders. Pls guide me. We have to finalise the sale deed. Kindly give
prompt reply on Priority basis very urgently please. it's a Humble Request
to you Sir.
Normally after taking a loan from bank there cannot be any addition or
deletion of names in the property without the banks consent. I suggest you
add the required name before getting the loan.
***********************
QW/VV/236/21.11.2015
Please let us know ,can society allow to increase of F S I to ltd members ,
Builder has made many irregularties in construction for an example all the
Balconis in the plan is half but in actual only front Blconies r half they have
two Balcony one is half and other is full in actual only , the dispute is
member in the centre also demand to construct /extend length the length
on same type of beam where front side members has extended, OLD AGM
has permited to all members AND resulation is still in tact not cancelled,
CAN PRESENT MANAGE COMMITTEE ALLOW TO ONLY SOME /FRONT SIDE
MEMBERS
The society has no right to allow it's members to do any construction. For
that the Competent authority is the municipal corporation. Can't do it.
***********************
QW/VV/237/22.11.2015
Is any regulation to occupy flat by three family,it has become a nuisance
,Riksha/Bajiwala by a flat and occupy all surrounding area even the sleep
out side by useing mosquito net.
One can't regulate the number of family members of a member. If a
person has 10 member in a family he is allowed to stay. You can't do
anything in it. In case they. Sleep in the society area then you pass a
general body resolution restricting the same and also charging fine for
repetition
***********************
QW/VV/238/23.11.2015
Husband and wife are joint owners of a flat. They have one son and two
daughters. Husband passed away and had not made any will.
The Family members have mutually decided among themselves that the
flat should be given to son.
My question is what procedures has to be followed so that the son not only
become the member of the society but he gets the ownership of the flat.
Ownership can be decided only by succession to be decided by court or
first class magistrate. Till the time a person is not the owner he cannot be
a member that's the law. However for practical purposes I suggest that the
legal heirs should come and execute a release deed and register it. Plus
the legal heirs formalities may be followed as per bye laws. The procedure
is already mentioned earlier. Please check our FAQs
***********************
QW/VV/239/24.11.2015
I have 1 query if a flat is registered in the name of husband & wife jointly.
Society records also mention the same along with share certificate which
also has both names. If there happens to be a death of 1 of the owners
eg. Husband, what is the procedure to transfer share certificate into a
single name by cancelling the deceased persons name?
We have already replied such queries many times. Request you to go
through our FAQs
***********************
QW/VV/240/25.11.2015
We are ground plus two society ,problem is top flat owner have modified
their flat as to their need and some of them has changed the floor tiles as
a result the floor has started leaking and beam is effected, when complaint
is made they force the first floor to share the expence,this problem has
arised only after modification please advise they enjoy the tarace
advantage leakege done by society but on their misconduct /failour we r
punished.
There is no law stating that both upper and lower floor members should
share the expenses. Logically and legally the person who has created the
leakage should pay for it. You should fight it out.
***********************
QW/VV/241/26.11.2015
Dear sir one of our society member keeping their personal belongings in
society compound, we have insisted him to remove in 15 +15 days (2
reminder), he is not bothering to remove it. Committee has decided to
charge penalty for the same. Under which rule/section/bye law committee
charge the penalty and what would be the penalty quantum? Please help?
A society can charge penalty for occupying it's premises subject to
approval of general body. As per bye law no. 165/166. Before charging
penalty issue a show cause notice Quantum of penalty for occupation of
society premises is five times of maintenance
***********************
QW/VV/242/27.11.2015
Dear sir in our 45 members society we have 10 flats given on rent. None of
them have submitted registered rent agreement inspite of giving 2-3
reminders. They have given normal rent agreement which is notarised. Pls
advise what action committee can take against them.
Registration of leave and licence agreement is compulsory. Payment of
stamp duty and registration is must. In case members don't do it then
write compliant to collector of stamps, deputy registrar, municipality Also
you can charge penalty after approving in general body meeting
***********************
QW/VV/243/30.11.2015
One of the member parks his commercial vehiclw i.e. tempo in the society
premises. Pls advise if parking of commercial vehicle is allowed in society.
pls advise under which section of society act we can send notice to him to
not park his commercial vehicle in society.
As per bye law parking charges can be charged by the general body. The
society can decide whether to allow commercial vehicle or not. If the
society decides not to allow commercial vehicle then still if someone
charges then penalty can be charged
***********************
QW/VV/244/01.12.2015
I want to ask u that one of our society member is defaulter,announced in
AGM.he has three vehicles 1 fourwheeler & 2 two wheeler.he is purposely
torture other people by blowing horn loudly n making full volume of music
system in car.
As he is defaulter,can we ask him not to park vehicle inside?plz suggest
Note-we already posted a written complaint against him to Registrar.
Even if he is a defaulter he will continue enjoy the benefits of parking.
However you can pass a general body resolution that if someone's more
than 3 months maintenance is outstanding then the society will not allow
member to park (just an example). Here even though technically it may be
wrong but to prove that one has to go to co operative court only against
any general body resolution. Secondly registrar cannot do much in this. For
this you have to complaint to local police only.
***********************
QW/VV/245/02.12.2015
45 A
B,C
B C A
45 ?
?
Need to understand with the approved plan. If the overhead and under
ground water tanks are separate and electricity supply is separate and
sewerage tank is separate then possible. However request you to meet me
with all the approved plans and other building related papers.
***********************
QW/VV/246/03.12.2015
We are member of rashmi reshidency .lank road .there builders
mantanance arriars around rs.1.5 cr what can do the society please advise.
Pradhan .vasai east

File a recovery case under section 101 of the MCS act with deputy registrar
after giving him the required notice to him
***********************
QW/VV/247/04.12.2015
Pankaj Sharma: Hi Vishwanathanji, my parents purchased a flat in 1984
and there was no provision of stamp duty at that time , my queries are do
we have to pay stamp duty at this point in time as a mandatory process or
is it compulsory to do it. Secondly what is the procedure of having a
nominee on the same sale/agreement deed. Adding to the question , the
legal formalities were followed in purchasing the flat.
Since the flat was purchased prior to 10.12.1985 no stamp duty is required
to be paid. Nominee means in your case your parents can appoint say you
that after their death the membership of the society may be transferred to
you.
***********************
QW/VV/248/04.12.2015
Can housing society collect celebration funds as part of monthly
maintenance?
Dear Sir, Our Society is thinking of collecting Funds for welfare functions
like ganesh festival, durga pooja, annual sports, etc from all flat members
under regular monthly maintenance. Earlier this was collected voluntarily
from willing flat owners. Although funds are for cultural welfare I want to
know whether it is permissible under Society bye laws. Please reply by
email and oblige.
After passing the required resolution in the general body meeting the
society can charge and collect such funds in the maintenance bills
***********************
QW/VV/249/04.12.2015
In the month of august our society ask to take Election, till date we didn't
get any reply from election office-officer one of our body member is
moving from our society, now what to do? Shall we select replacement for
him from our end.
Nothing but you have to follow up with registrar. You cannot appoint any
one on your own. Secondly I believe that there is a bright chance that you
have not followed the correct procedure. Firstly you should have on line
registration. You should have user name password and the same should be
validated by registrar. Later you have to submit form E-2 and E-3 that
needs to filled and submitted to registrar. Unless you do this the registrar is
not authorised to initiate election of your society. Check what you have
done before anything
***********************
QW/VV/250/04.12.2015
Dear sir,
Builder has provided 2 water connection from tank on terrace to 1 flat
owner. As we understand VVMC gives only single water connection for 1
flat with charge of 120 rs. Does society has right to terminate one
connection of that flat ?? What is the procedure for the same ??
You are mixing up two things here. Vvcmc gives one connection for 15
flats or multiples thereof and that comes from the municipal water
common tank to the under ground tank of society. From the over head
water tank of society the builder can give any equal number of connection
to individual flat. Hope now it's clear.
***********************
QW/VV/251/04.12.2015
Sir in my soc flat has been sold since 2 yes bt not transfered in society is it
legal or not.
Membership and ownership are two different things. Also obtaining
membership is a person's right and not duty. I may choose not to become
a member of the society and still be the owner of the flat.
***********************
QW/VV/252/04.12.2015
Sir, There is compulsory to give Diwali Bonus to society's sweeper, if she
joined from August 2015? We paid her Rs. 1500/- for monthly salary.
If yes, so how much we paid her?
Labour laws are applicable only if you have 20 or more employees else no.
***********************
QW/VV/253/04.12.2015
Dear Mr Vishwanath
We the members of sea green chs faced an deliberate situation last week,
One flat owner who is not staying here in society allowed some of his
colleagues to come and make merry or party in his flat for overnight stay
without information to any committee member,and whole night they
created a Ruckus in the society and on asking became more violent so as
to compelling us to call the police The police came and took all couples
away and later released by paying a huge amt of fine.Now so far the
concerned member has not responded to any of our msg What action can
be taken against him
Approaching police is the only option. If they don't respond your have to
go to court for their inaction. Meanwhile call a special general body
meeting on the issue and pass a resolution to discontinue various services
that are being given to that flat except water but after giving proper show
cause notice. Also you can charge penalty after passing general body
resolution
***********************
QW/VV/254/04.12.2015
A member of our society has expired without leaving any nomination. One
of his sons has filed an application for membership of the society and for
transfer of shares and interest of the deceased member. For this he has
submitted appendix 35, appendix 19, appendix 3, appendix 14, notarized
affidavit by the legal heirs, paper notice & copy of the death certificate.
Is these documents sufficient & can the property be transferred to the
deceased members' son ?
I have replied to queries umpteen number of times. Request you all to also
go through the FAQs on our website for revision. Yes it's OK for transfer of
membership and not ownership of property. For that you have to obtain
succession certificate
***********************
QW/VV/255/04.12.2015
Wish to know, Ms. Shanti aged 70 yrs, unmarried has died, she has
nominated her nephew in society nomination form, so now the nephew
wishes to incorporate his name as the owner of the flat, what is the
procedure for the same, pls guide.
Same as abo
***********************
QW/VV/256/05.12.2015
Father having flat in building and son used to stay with him. Now son has
taken flat on rent in next building and continues to park car in dad building
which is permanent and communication address as well.
Now society has asked for clarification and why parking should not be
allowed to son. So we want to know what legal remedy father son has. Can
society stop parking?
It will difficult for the society to defend this as the car is in the name of
immediate family member. And the other person is a family member.
The only possible thing here I see is that the society should pass a
resolution in general body that in such cases parking will not be allowed.
That will be applicable to all members. In case anyone wants to challenge
it then the option remains under section 91 cooperative court only.
Otherwise nothing. Incidentally as per the new bye laws the parking
policies can be decided by the society in their general body
***********************
QW/VV/257/06.12.2015
If I am having bank loan against flat,the society deny to giving share
certificate to me,society said ask the bank person to come and collect the
certificate
Is it ok
Generally when a loan is taken by a member of society he obtains a NOC in
the banks format from society. In normal course the format takes
confirmation from society that they will not allow anyone to transfer the
membership plus also state that share certificate if not issued would be
issued to the bank directly. The society is correct in not giving it to the
member. However they cannot expect the banker to come and take from
them. It's becomes the responsibility of the society to deliver it directly to
the bank if not then for practical reasons they may retain the original share
certificate with them but no circumstances can they give it to the member
***********************
QW/VV/258/06.12.2015
A society member who stays at ground floor ,has asked to convert his
living room's window into his front door, do society has any authority to
approve this? Or
No. The society has to authority. Once the plan is passed, building is
constructed then the society has no locus standi to issue any NOC for any
structural changes even though in practice it goes on
***********************
QW/VV/259/06.12.2015
Have few queries. 1�Apart from the transfer fee what are the
additional fee for a new entrant to a society. 2� can
society charge transfer fees more than 25000. Thank you.
The society cannot charge transfer premium of more than 25000/- under
any circumstances. Additionally they have to charge Rs. 500 towards
transfer fees and Rs. 100 towards entrance fees. Nothing more than
25600/-in totality
***********************
QW/VV/260/065.12.2015
Sir, pl guide
Our scty was formed in 2005, it is a registered society plot. But the Share
certificates are to be issued now. 4-5 members are new in scty, can we
directly issue share on this date in their names since they are transferred
members and registered by CIDCO.
You can issue share certificate directly in the name of the owner /promoter
who was the owner on the day of formation / application for formation of
the society.
***********************
QW/VV/261/06.12.2015
Hi Viswanathan sir
Can managing committee increase maintenance charges or need general
body permission?
General body permission must for increase or change in maintenance
***********************
QW/VV/262/07.12.2015Viswanathan sir
is it necessary to give the copies of Agm agenda, minutes, auditing report
to registrar and need to adopte new by law?
Chairman
Krishnaraj Chs
Adoption of bye laws as per new amended mcs act is compulsory. Also it is
required to submit the AGM minutes to the registrar. Even though not
compulsory it is a better practice
***********************
QW/VV/263/08.12.2015
Dear sir, still society account not presented for the fy 2014-2015 and what
is the remedies for the same please advise - Wilson star classic ex
secretary
As per the MCS act the accounts has to be audited by 31/7 every year and
AGM to be held on or before 30/9. In case if the same is not done then you
should voluntary inform the Registrar about the same who in turn would
appoint an authorised officer to conduct the same. However for practical
purposes if there is no issue in the society I would suggest you to conduct
the AGM belatedly and the same would be taken us legal until challenged.
***********************
QW/VV/264/09.12.2015
WE have registered our society online in Feb 2015.but still it has not been
validated by registrar.now what should v do??
Follow up is the best. Solution for the same.
***********************
QW/VV/265/10.12.2015
Society registered in 2012. Now society start to issue share certificate.
Which name is applicable on certificate front?
The front portion would have the name of the person who was the first
member of the society. The subsequent member should be written behind.
Informing registrar not must
***********************
QW/VV/266/13.12.2015
Sir, If member allow his friend to stay with him Last one year Can society
charge non occupancy charges for those member and also ask for
document his friend i e. Police verification, photo, identy proof etc.
As per notification dated 1.8.2001 if a flat / shop is occupied by a relative
of a member no non occupancy charges are required to be charged. Friend
being a non relative you can charge non occupancy charges irrespective of
the fact whether the member charges rent or not.
***********************
QW/VV/267/16.12.2015
Can Member challenge the agm minute after AGM?
What is time limit for objection on agm minutes.... After distributed
minutes to all members....
As per bye law no. 108 the committee has to finalise the draft minutes of
the every general body meeting within 3 months of the meeting. The
members who has any queries / objections should do so within 15 days of
such circulation. Later the committee may or may not consider the
objections so raised. If the member is still aggrieved then he has to go to
co operative court under section 91 of the MCS actQuestion
***********************
QW/VV/268/17.12.2015
Can only one member request for Special agm
As per bye law no. 96 once one fifth of the members of the society give
application to committee then it has to compulsorily call SGM. However in
case the committee wants to call sou moto or on application by single
person it MAY (not compulsory) call the SGM.
***********************
QW/VV/269/18.12.2015
Hello sir
Can u tell me what is fees for elections charges for society elections ???
The government charges ranges from 1500/- to about 10000/- there are
also certain charges to be paid to their assistant. Please visit our website
www.vasaihousingfederation.com for further details.
***********************
QW/VV/270/19.12.2015
My question for v vishwa Nathan sir
Sir if not distibuit agm minute by secratry after that what can do applicant
member.
After the general body meeting the committee has to distribute the
minutes within 3 months. If they don't do it then first write to committee
and if does not respond then approach deputy registrar for necessary
directions
***********************
QW/VV/271/20.12.2015
To
Mr. Vishwanathan,
Can one shop having 1 share certificate, 1 maintenance bill sold to 2
persons? Area 280 S. F. Can Society take objections?
Pls reply.
Thomas, Naigaon, West.
Division of flats / shops are technically illegal and cannot be done. A shop
is a shop aa approved in the plan and there cannot be modified or sold in
part without the approval of the Competent authority.
***********************
QW/VV/272/21.12.2015
Vishwanath... Should a society issue give NOC to a seller if he insist. The
buyer is not taking a loan so he wants a NOC from d society. Kindly
advice.
Even though noc is not required for sale of flat /shop, its a better practice
to obtain. There if a member is asking for noc encourage him and issue the
required noc subject to title verification.
***********************
QW/VV/273/22.12.2015
One more more question. What is the amount to be paid to govt. as fees
in d transfer set.
Whenever there is a transfer, the society is set to receive Rs. 500/-
towards share money, Rs. 100/- towards entrance fees and ovee and
above lumpsum that we intend to charge is called transfer premium which
under any circumstances cannot exceed 25k irrespective of flat /shop /
Gala and size of the unit
***********************
QW/VV/274/06.01.2016
Sir, Can society charge for giving NOC to members ?
Obtaining NOC is a members privilege, right and not a service to be
charged. You cannot charge
***********************
QW/VV/274/07.01.2016
Sir, if share certificate is missing/or not handover by society or not issued
what are the aspects to taken care of to issue a certificate
As per new bye law if a share certificate is lost then the following things to
be done.
A. File a FIR with police.
B. Indemnity bond on Rs. 200 stamp paper duly notarised to be given to
society
C. Newspaper notice to be given.
D. Ensure that no loan is taken by member before issuing the noc.
In case share certificate was never issued to member then
A. Prepare the share certificate on the present members name in a proper
logical order.
B. ensure that no loan is taken by member before issue the share
certificate.
C. If loan is taken then issue original share certificate to bank only.
D. Proper managing committee resolutions are passed before issuing the
share certificate.
***********************
QW/VV/275/07.01.2016
Vishwanathan sir, heard society has to be registered online and last date
for same is 14/1/16, pls give the website name were it has be registered
Last day of online registration is already expired last year. However you
may do it sooner the better. Visit www.mahasahakar.maharashtra.
govinda. Sorry there is a mistake in the website addrsss
***********************
QW/VV/276/16.01.2015
Can I fix 1 camera outside main door of house. Does it need permission of
society?
Answer by V. Viswanathan
It may be slightly tricky... As the camera angle is important to ensure that
it does not intrude anyone's privacy. To that extent informing and clarifying
with society is better. Else no specific permission is required
***********************
QW/VV/277/15.01.2015
Sir, our chs was formed 8 years back, but the deemed conveyance is not
yet done.
Tried to contact the builder many times but we could not get him. Pl guide
as to what can be done.
Deemed conveyance is the best option. You may approach Federation
office with prior appointment at swagat bhawan opp mseb colony near
indian oil station Road vasai East. We will guide you. Call on 2390170 /71
and come
***********************
QW/VV/278/17.01.2015
One Society member wants to give his flat to his real brother by making
Gift Deed. Question is whether Transfer Premium 25000/- is applicable ?
Whether member needs to give Transfer Set ?
No transfer premium. Transfer set is required
***********************
QW/VV/279/17.01.2015
Admission of a new member in case of resale of a flat or in case of gift
deed is possible only in agm or a member can be admitted in managing
committee also.Agm is over and is going to happen only in next year.
Then apart from agm what are the other procedure by which a new
members can be admitted.
There is no law which states that members can be admitted only in agm.
The same can be done in managing committee meeting also.
***********************
QW/VV/280/17.01.2015
Respected sir, this is yogesh frm Radha Kunj ABC Virar
my query is can we withdraw sinking and repair fund from thana bank
account? because we are going to paint our entire society...
Yes it can be withdrawn only with intimation to registrar. Now no
permission is required to withdraw. However it should be withdrawn only
for major work like painting and repairs
***********************
QW/VV/281/17.01.2015
Please confirm if repair and sinking fund has to be deposited only in Thana
bank or we can also open account in any nationalised bank and deposit the
fund there as well.
Funds collected for repair and sinking fund should be deposited in district
central cooperative bank only. Even though you can open regular account
with nationalised bank. FDs with district central cooperative bank only
***********************
QW/VV/282/26.01.2016
One of our society members had made a gift deed gifting 50 percent of the
rights of the flat to his wife. Gift deed is stamped and registered. Can the
society charge him the transfer charges before endorsing his wife's name
as joint holder in the share certificate. Lakshman of rajesh park
If it's between the family members as defined under the MCS act then no
transfer premium to be charged by the society. Else you can charge even
though it's a gift deed.
***********************
QW/VV/283/26.01.2016
Sir, Is it necessary for housing societies to file IT returns.
Any person including housing society having income as defined under
income tax act more than the basic limit should file income tax return. The
society is a Association of persons (AOP) in the eyes of Income tax and the
basic limit is zero. That is to say any income other than the regular
maintenance, like fd interest is chargeable to tax and therefore has to file
return
***********************
QW/VV/284/26.01.2016
What if a Secretary in newly elected managing committee is to be
removed?
First and foremost neither the managing committee nor the general body
has right to remove any committee member including office bearers. They
can propose the same in their meeting by passing no confidence meeting
and later the proposal to be given to registrar in Form M-18 by following
adequate procedure. The registrar upon proper hearing after calling all the
parties decide about the removal of the committee member or an office
bearer
***********************
QW/VV/285/26.01.2016
Society is of the members and they have the the elect the MC and after
due process. How can Registrar impose any one as Secretary of his choice.
This goes agaist basic principle of law.
There is no doubt that the right to appointment a committee member is
that of the general body. I am not at all denying that fact. I was just
correcting that the right to REMOVE A COMMITTEE MEMBER is with the
registrar. Once a committee member is PROPOSED TO BE removed by the
general body the matter goes to registrar following due procedure. Later in
case the decision of the general body stands, that is to state that if the
registrar confirms the removal of a secretary / committee member then the
election process starts to appoint a replacement of that single vacancy
which is done by general body as per the election procedure. Please note
that co-option is done away with upon introduction of the new election
rules. In case you still have query please do meet me in office with prior
appointment. I hope you are clear now.
***********************
QW/VV/287/26.01.2016
Can I raise a question regarding transfer of share certificate in this forum?
I have already paid transfer fees to the society and got my receipt too.
However, now secretary is denying to transfer. Is there any other
alternative?
Make a formal application to the society to get your share certificate. If not
getting then apply to deputy registrar under section 29 of mcs act for the
same
***********************
updated still 27/01/2016
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