Welcome to ChsGuru’s Answers:
Our society has
till date not adopted new bye-laws,
they say till date it is
not
made mandatory /compulsory by
registrar
to accept this new bye for all society.
can you provide us
any notification under which
is made mandatory or compulsory
to adopt new bye law.
Ramakant Saboo. Bangur Nagar,
Goregaon (W), Mumbai - 90.
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As of this date there
is no such Notification,
making it mandatory or compulsory
to adopt the Model Bye-laws 2009.
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Laxman
Samant.,
Gen. A.K.Vaidya Marg, Mumbai – 400 097.
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To find the jurisdiction
of your society please refer The
Chs Directory.
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Can the society penalize
for not attending the AGM?
If yes to what extent? Our society
has put this agenda in the
notice for AGM, what to do?
Mahendra
kumar Sharma. M.G.Road,
Charkop Village, Kandivali (W)
|
No. This charge is wholly illegal. There is
no provision
in the MCS Act 1960 or in the Bye-laws
for any such penalty. But to object
such high handed
Committees one has to get involved in society
affairs and attend all meetings. This
is the Co-operative movement
& members should understand
each other, However there are members
who willfully remain absent and
prefer to sit home & watch TV.
These members later blame &
target the committee on passing such
illegal resolutions, which we think
is equally wrong
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Whether the Service
Charges levied for the purpose
of Common Expenses be
charged Equally among all members
even if some are Shops
and some are Flats?
Mr. Santosh
Roy.
Shiv Vallabh Road, Dahisar, Mumbai.
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Yes, as per the provisions
of the Bye-laws the Service
Charges are to be levied equally among all members,
irrespective of the fact that whether
the members have Shops
or Flats
in the society.
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Our Society has been Registered
Co-op. Society by Builder/
Promoter. Unsold Flats/ Shops were kept in the
name of Builder Promoter. Now he
wants sell the Remaining Flats / Shops
to others (First Sell) Whether society
can charge Flat Shop transfer
charges from Builder?
Bharatkumar
Kale.
Sai Complex, Mira Road East.
|
No, Transfer Charges cannot be
levied on the First Sell of either Flats or Shops.
Transfer Charges are applicable only
when the existing member of the
society sells/ transfers his flat/ shop
to other person.
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Where do we get M20
form under Maharashtra Apartment Owners Act.
G.B.
Jukar Marg,
Juhu, Mumbai - 400 049.
|
M-20 bond is applicable
only on Co-operative Societies
registered under the Maharashtra
Co-op Societies Act 1960 & not on apartments
registered under the Maharashtra
Apartment Ownership Act 1970.
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I have taken over possession
of the Flat from the Builder,
with due letter of allotment
on 22nd June 2010. I had
signed the application for the
prospective registration of the C.H.S.
The C.H.S was registered
on 08.03.2011.The Note 2
to the Clause 17 states that
"Signatories" to the
application for registration of the
Society shall be deemed to the
Members
of the Society after its registration.
So my query is what would
be the Date of Admission for my
Membership,
22.06.2010 or 08.03.2011? This determination of date is important.
Please advise.
Vilas
Patki.
DSK Vishwa, Dhayari Road, Pune.
|
The date of admission to
membership of the society can only
be considered from the date of Registration
of the society. How can you be
considered
as a member of the society
before the Registration/ formation
of the society.
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I would like to know whether
builder is allowed to sell the Open and stilt
car parking of our building. There was Supreme Court
judgment against the selling of parking
and now the state govt. has allowed to sell
it. which judgement stands true???
and
on what basis he is authorized
to allot the parking spaces?
Bipin
Jani.
Khadakpada, Kalyan – 421 301.
|
The Supreme Court judgment
is a clear & proper interpretation of
the provisions of Law. Open &
Stilt Car parking cannot be sold by the builders.
As per our knowledge the State Govt.
has not allowed to sell
the Car Parking.
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Sir, Our Society has decided to
go in for re-development. The Chairman and
MC are embroiled in various illegal
activities including siphoning of society funds.
The matters are with the Dy Registrar. They
refuse to provide information on list of Member
outstanding as they are defaulters.
On going through the old building
plans, OC shows only 14 approved
tenements whereas present building has 18 tenements.
Chairman and Managing Committee are
depriving sole garage owner of any
compensation stating it is illegal.
Whereas it seems that their own flats are unauthorised.
What can be done to correct the
situation? Thank you.
Ruby
Narapareddy.
Goregaon West – 400 062.
|
Since the Society building
is undergoing Re-development, you should not
be concerned about which portion
of the building does not have
an O.C. Now it should
be the builders/ developers
look-out, if some portion of the building
does not have an O.C or is partly or fully
unauthorized, the builder shall make an offer to these
members,
taking this fact into consideration.
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