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26 comments

  1. § VIJAY NANA WALANJU said on :
    1. Whether society can collect Building Repair Fund from new member for Rs.50000/- in addition to Transfer Fees/Premium of Rs.25000/-.
    2. Whether Service Tax is applicable w.e.f 1.7.2012 to Coop. Hsg Society on Monthly Maintance Charges.
    3. Society hold AGM after 14th of Aug due to non avoidable circustance. Informed to Dy. Registrar on 17 th Aug. for condoning delay. But prior approval Society holds meeting. If, Dy. registrar not granting approval , what will haapen?
  2. § Kerri said on :
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  3. § Societyhive® Email said on :
    Hi Vijay,

    here are our response to your question in same sequence:

    1. No, under no other head can society collect an extra money subject to max of 25,000/

    2. Matter is not yet finalized at ministry level. We await news in gazette

    3. Under normal circumstance the Dep Registrar does not reply and if no reply is received society has 90 days w.e.f 14th Aug to hold meeting. Once can go ahead up to 14th November as last date.
  4. § Abhishek Email said on :
    I have flat in Mumbai, I have rented flat to one family. Society is charging me extra amount for reason I have rent flat (also parking charge with high amount than for regular owner, as per them this rule is for all owner who have rented flat).
    Maintenance charge
    For owner – 3500
    For owner who rented house - 6000
    Soc have made maintenance bill for Oct - Dec 2012 with additional charges for Renting room. But tenant are leaving flat before 31 oct 2012, should I need to pay extra money for remaining 2 months. We are shifting to same flat between 1 -15 nov 2012.
    Should such charges are legally approved by government? Please help.
  5. § Alok said on :
    Dear Sir,
    I own a flat in Navi Mumbai.Due to change in job location i moved to another city and stayed there for 4 years.My flat was locked during that period.Now i am back to my flat in mumbai.Society is asking for full maintenance charges (For last 4 yrs.)including some late fees & penalties.Is it right ?What is the legal position because i was already paying huge money as an rent in another city. Also i don't have much income to pay society charges at multiple places.They stopped my water supply and threatening many more consequences if not paid the full amount.Please advice.
    ALOK C
  6. § Societyhive® Email said on :
    Dear Alok,

    As per the cooperative act irrespective of whether you stay or lock the flat you have to pay your dues to society.

    As per the bills raised from time to time by the society, Interest on late payment is also payable up max 21% pa simple interest

    you have not stated penalty for what hence we can't reply on this point
    in fact if penalty is in addition to interest only for late payment it is not correct in law as max permissible is 21%

    Society CANNOT cut water supply though.

    Hope this helps.
  7. § Alok said on :
    Dear Sir,
    This is in response to your reply to my question related to problem of Society charges.
    Is it justified to pay full amount?I think It should be reasonable.May be 5-10% of what other regular occupants are paying.Since I am not using any aminities of society for 4 years.What is the legal position for non occupancy cases.
  8. § Societyhive® Email said on :
    Dear Alok,
    Technically, everyone must pay full amount irrespective of occupancy. It's up to the society administration to decide if they want to negotiate with you. Legally, you should pay full amount unless your society has any rule that says otherwise.
  9. § Mahesh said on :
    Dear Sir,
    I own a flat in Pune and for some reasons I have increased my bedroom and occupied the free space which had three pillars already. Though as per co-operative soc rules it may axe the construction however after a survey in the other buildings in our society I found more than 25 members done some or the other illegal construction which come under elevation change as per rules. I have been given notice for expulsion from the membership of society but not others. Also, the notice they have put up on the notice board shows only two memebers in it. I have noticed the few who did similar elevation change construction in there respectives flats are relatives or some close associates of the chairman. Why is this discrimination and how can I go ahead asking society the same. I'm absolutely ok roll back the changes i have made provided they act fair and request all 25 member do the same. Kindly reply..
  10. § Societyhive® Email said on :
    Dear Mahesh,

    If it's an illegal construction, it must be removed. However, if you have complaint that your society chairman/committee is unfair - here are few things you can try:

    You two members can come together and meet other society committee members to understand & discuss the issue. You can raise this as a complaint to your society committee. If society annual general meeting is coming up, you can raise this issue infront of all. Lastly, if nothing works out you can always approach to the registrar of Co-Op society in your city.

    Hope this helps
  11. § Mahesh said on :
    Thanks for the quick response. Yes, now certain things are clear however had a small query if we challenge co-operative society's decision on expulsion from membership in court, can they still do the same if the trial is going on?
  12. § Mahesh said on :
    Thanks for the quick response. Yes, now certain things are clear however had a small query if we challenge co-operative society's decision on expulsion from membership in court, can they still do the same if the trial is going on?
  13. § Amit Godbole said on :
    Thank you for helping us out!
    Helped us form our association and now running our association smoothly.
  14. § qmaxfsr@gmail.com said on :
    My co-op society has charged me Non Occupancy charges for the period I didn't let out the flat for few months between 2004-2009 .In spite of my several letter they have not responded and now they r saying since the matter is old they cant do anything.Also they have put a penalty of Rs 5000 for not producing police verification for my tenant without even informing me on the same or giving time span.kindly advise
  15. § Societyhive® Email said on :
    To start with there is no way that they can charge you for period of non NOC where in your flat was empty.

    Please send a strong letter by registered address to the society stating that on going through the accounts (since you were away for some time) this discrepancy is highlighted hence adjustment or refund is due failing which you shall make application to Dep registrar of your area for relief.

    Secondly, no penelty of any sort can be imposed without consent of gen body and incorporating in the bye laws with the permission of the registrar.
  16. § Sujit Agarwal Email said on :
    We are looking for a consultant for our Society at Pashan, Pune. Will you be able to connect with one?
  17. § vikas malhotra Email said on :
    Our Hsg. Socity having 53 members and what are the guidelines as per new election rules framed by Govt. It is not affordable to Socity to appoint election body. What will be solution on this issue?
  18. § Mukesh Chaturvedi said on :
    I am chairman of a housing society ( residential) in Pune , can you please advise , if we can go ahead & conduct committee election in September along with AGM as our committee tenure is coming to an end in September 2013
  19. § Mukesh said on :
    Can you please advise , if we can go ahead & conduct committee election in September along with AGM as our committee tenure is coming to an end in September 2013 : Pune Regards
  20. § Mukesh said on :
    Can you please advise , if we can go ahead & conduct committee election in September along with AGM as our committee tenure is coming to an end in September 2013 . Pune Regards
  21. § Societyhive® Email said on :
    @Vikas - you may want to wait until 30 September. Law change is in progress. It may be good idea for you to wait for a month and then decide
  22. § Societyhive® Email said on :
    @Mukesh - No one will hold election untill end December. All committes to continue until December as per directives. Meanwhile, you should inform registrar that election is due
  23. § Ahmed Sorathia said on :
    one of the member has taken my parking and now in AGM on 15 September 2013 i block parking so the matter can raised in AGM of co-operative society and the member who illegal taken my parking he is also committee member please advise
  24. § M. A. VISWANATHAN NAIR said on :
    Sir, Please advise the legality as to whether the society can pass resolutions regarding different recovery payment schedule (more time for a group and less time for another group) towards painting expenses where majority of the members are from 2BHK and 3 BHK (42+10=52) against minority of shops and 1BHK (10+16=26). Is this recovery pattern leading to a scenario where majority of the members (having higher size flats) would pass a resolution against a minority which is a clear oppression on the minority by the majority of the society, whereas actually recovery schedule should have been equal for all members, otherwise indirectly helping the majority members.

    Regards.
  25. § Societyhive® Email said on :
    @ Viswanathan: No sir, no difference what so ever is allowed
  26. § Societyhive said on :

    From here on please post your questions at:
    www.societyhive.com/helpdesk

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