Navigating the complexities of cooperative housing society (CHS/Society) management often requires a nuanced understanding of the rules, bye-laws, and processes that govern day-to-day operations and long-term planning. This week, we address some common yet challenging scenarios faced by CHS residents and office bearers alike. From clarifying nomination rules for jointly owned flats to understanding the appropriate procedures for fund distribution in redevelopment scenarios, these questions shed light on issues that can impact both individual members and the Society as a whole.
Whether you are a resident seeking to assert your rights or a managing committee member striving to ensure compliance, these insights can help address your concerns while maintaining harmony within the Society.
Seeking Clarification on Nomination Rules
Question: I need clarification regarding the process of filing nominations for a jointly owned flat. The flat is co-owned by three individuals, and each owner wishes to nominate a different person for their respective share in the property. Could you confirm the following:
1. Should each owner submit a separate nomination form for their individual share?
2. Alternatively, can all three nominations be included in a single application form?
3. Are there any specific guidelines or legal formalities to follow in such cases?
Answer: Based on the details you have provided, below are the responses to your queries:
1. Yes, each owner must submit a separate nomination form for their individual share.
2. No, not all three nominations can be included in a single application form.
3. Bye-law 32 of the model bye-laws of Cooperative Societies (2015), duly amended up to December 2019, along with Section 30 of the Maharashtra Cooperative Societies Act, 1960, governs the procedure for filing nominations, their revocation or revision, and the transfer of shares upon the death of a member.
It is essential to confirm which set of bye-laws your Society has adopted to ensure the correct process is followed.
Distribution of Society Funds to Resident Members
Question: Some members of our residential Society are asking to distribute all the funds lying in the bank to the members, even though the development agreement has not yet been signed, the intimation of disapproval (IOD) is pending and the building's demolition for redevelopment is still months away.
Additionally, when the funds are eventually distributed, should the distribution be based on the ratio of the flat area of each member to the total funds, or is there another method that can be used?
Answer: If you are an office bearer or the secretary of the Society, any decision regarding fund distribution must be made in accordance with the resolutions passed in a special general body meeting (SGBM) or annual general meeting (AGM). It is advisable to seek guidance from the affiliated housing federation to ensure compliance with the bye-laws and to address member concerns appropriately.
Responsibility of Roof Repairs
Question: I live on the top floor, and there was an issue with the roof of my flat. I informed the Society, but they did not appoint a contractor to fix it. After several years, I informed them again and said I would do the repairs myself. The managing committee did not inspect the flat, so I went ahead and completed the work. Can I claim the expenses from the Society? If they deny my claim, on what grounds can they do so?
Answer: To recover your repair charges for not doing terrace repairs by the Society in your flat, under Bye-law No. 174(B)(iii), make a complaint to the Cooperative Court against the Society.
You can also file a complaint with your local district consumer dispute redressal commission.
For recovery of your terrace repair charges, I suggest that you go to a consumer forum, than Cooperative Court for quick redressal.
To make a complaint to a consumer forum, you don't need a help of a lawyer to represent your case.
Secretary Refusing to Accept Letters
Question: I sent two registered letters to the secretary of the Society, but the letters were returned undelivered with the remark that the Secretary is absent. What should I do next?
Answer: Since the postal endorsement ‘absent’ does not constitute valid service, you should resend the letters. Alternatively, you may consider delivering the letters in person and obtaining an acknowledgement or sending them via email if your Society accepts electronic communication.
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever.
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
??? ?? 86 ???? ?? ????? ???? ?????? ?????? ( Super senior citizen of India ) ??? l ??? ?????? ????? ?? ???????? ????? ( Ragistrar of Co-operative Societies and Administrator of Shivaji CGHS of Rohini Delhi )?? ??? ?? ??? ???? ?????? ??? l ????? ?????? ?? ????? ?????? ???? ?? ?? ???????? ?? ?? ??? ?????? ????? ????????
?????? ???? ???????? ?? ?? ???? ??? ??????? ?? ???? ????? ?? ????? ???? ?? ?? ???? ??? ?????? ???? ???? ??? ?? l ?? ??? ???? ??? , ?????? ?????? ????? ?? ??? 70 ???????? ?? ??? ??? ??? ???? ???? ???, ?????? ?? ???? ????? ?? ?? ?????? ????? ?? ??????? ????? ?????? ??? ???????? ?? ??? ?????? ????? ???????? ?????? ???? ???????? ?? ?? ????l?? ?? ???? ???, ????????
A 86 years Old Widow , The Super Senior Citizen , is unable to get the possession of her flat in Shivaji CGHS , Sector -14 , Of Rohini Delhi , Flat Booked on 03-01-1972 i.e. 53 years back , due to being illegally and forcefully kept and grabbed by the Administrator of Shivaji CGHS of Rohini and RCS Office of GNCTD. Full and Final Payment done in the year 1999-2000 , no dues after 1999-2000 , But possession of her reserved HIG Flat is not given to her till today , No results even after multiple times complained to President of India , Prime Minister of India , Home Minister of India , Chief Minister of GNCTD , Chief Secretary of Delhi , LG Delhi , RCS Delhi and many more i. e. every where , to get it and get justice , but all in-vain , no one is listening to me the helpless widow Super Senior Citizen of India , waiting for wakeup of above said highest Govt. Authorities and to get looked in this matter of huge and horrible injustice with a helpless Widow Super Senior Citizen of India of 86 years aged L W Jain , Ph. 9013329595.
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