Welcome to ChsGuru’s
Answers:
Answers to your queries on
Co-operative Law as posted in Free Query’s* section on Chsguru.com.
If the owner of the flat
does not occupy the flat for more
than 10 months in a year
(stays abroad) and does not lease it out either,
what is the maintenance fee he is liable
to pay to the society? The society
currently charges Rs.1.50 per square feet
for the flat owners.
Lakshmi N.
New Panvel (E) Navi Mumbai.
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If the flat remains
unoccupied the member is required to pay
the normal maintenance charges.
Further the society charging maintenance
on square feet basis is illegal.
You can refer to our Article Chs cannot levy maintenance on the area of flat
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Our society wishes to allow
a rebate/discount
of 5% to members who
would
be paying their 3 months maintenance
together, is this legally
valid and can the society allow
any such discount/ rebate for
early payments. Further what is the penal interest
that can be charged to members
who do not pay their maintenance
in time.
Rajeev Chawla.
Goregaon (W) Mumbai.
|
Payment of rebates/ discounts
to members of the society
for prompt or advance
payment of maintenance charges
is illegal & also not in consonance with the provisions of Bye-laws.
Indirectly this is an additional expense which is being contributed from the
Maintenance Charges paid by other regular members, who are not deriving any
special benefit or services out of this additional charge, which is
indirectly & ultimately being paid out of their pockets.
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Me (1st Named) n my wife
(2nd named) are co-members of the flat.
I have to relinquish all my rights
and transfer in favour of my wife
without paying Stamp Duty. How to do
so?
Tarang Chaturvedi.
Kandivli (E), Mumbai.
|
To save on Stamp duty,
the only Option which you can exercise is, execute a Will
bequeathing all your rights and
interest in the flat in favour
of your Wife.
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SHOULD THE OFFICE BEARERS
OF CO-OP HSG SOC SUBMIT INDIVIDUAL PAN
CARD COPY FOR OPERATING FIXED DEPOSIT
WITH CO-OP BANK. THE SOCIETY DOES NOT
HAVE ITS OWN PAN CARD. Will the individuals
pan number be linked
with the income tax department
while filing personal it return?
Veena Shrinivas.
Andheri West, Mumbai – 400 058.
|
We have federation
of 7 societies. We also
have a cultural committee which
conduct
cultural events. All member societies
have decided in their AGM
to charge small amount/annum
towards the cultural activities. Cultural
Committee is not registered. Is it legally right
to do so? If not how do we fund cultural
activities?
Viraj Deshpande.
Vasant Vihar, Thane.
|
The CHS is not empowered
to charge for Cultural activities to
its members. Further this cannot
be made compulsory even by virtue
of passing a resolution in the AGM
of the society. The only way to
fund Cultural activities is to take voluntary donation from the interested
members.
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What are legal rights
for a tenant in a CHS, if in
case, there is continuous harassment
from society with regards
to shutting off water supply
etc?
Nandita Agrawal.
Lokhandwala, Mumbai – 400 053.
|
For disconnection of essential
services such as water supply,
You can approach the Local Police
Station having jurisdiction over the society.
|
once the transfer is approved
in the Managing Committee, when
can
the M.C endorse the Share
Certificate and issue the Bills and receipts in
the name of the new member,
the Society claims they must
wait
till the next AGM,
would request your reply, Thank
you in advance .
Prakash Shah. Shahid Bhagat Singh Road,
Colaba, Mumbai - 400 005.
|
Once the transfer of
Flat is approved in the Managing
Committee meeting, the duly endorsed Share
Certificate has to be issued to the incoming
member within a period of maximum 15 days thereof. The
stand of the Managing Committee to wait till the next AGM can be termed as “illegal harassments”, for which the
committee members could be made liable to pay compensation out of their
pockets.
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I have applied for associate
member five months backs and paid
the charges as applicable but
till date, I MC of our society
has not sanctioned my application,
what are my option now
Mahesh Karna.
Kopri Colony, Thane – 400 603.
|
You will have to approach
the Office of Deputy Registrar, Co-operative
Societies having jurisdiction over the society & request them
to direct the society to admit you as an Associate Member of the society.
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My CHS member's have outstanding
of more than Rs.30,000/-. Kindly let me
know the measures to penalise
the said members
Praveen G.
Ghodbunder Road, Kasarwadali, Thane.
|
You can
charge interest at such
rate as fixed by the General Body
of the society at its meeting,
subject to the maximum of 21 percent per annum,
on the outstanding amounts due
from the member, since the date
the amount was delayed
till its recovery thereof.
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WE HAVE GOT SOCIETY REGISTRATION IN SEP
2011. THE PROVISIONAL COMMITTEE
CURRENTLY RUNNING THE AFFAIRS IS ELECTED
IN AN AGM IN MARCH 2012. WE ARE HOLDING
THE AGM AFTER EXTENSION
OF DATE. CAN WE HOLD
ELECTIONS IN THE AGM
FOR THE NEW MANAGING COMMITTEE
OR THE ELECTIONS HAS TO BE DONE
SEPERATELY THROUGH A PROCESS?
KRISHNADAS NAIR.
KAPURBAWDI, GB ROAD, THANE WEST.
|
Yes, Election is a completely
separate process & hence cannot
take place in the AGM
of the Society. The Elections of your society
will have to be held by
secret ballot paper and as per the provisions
of Elections Rules
applicable to the CHS.
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