New Election Rules for Housing Societies in Maharashtra

Thanks for the useful information. You have not detailed the eligible society for elections. What is position of Society whose elections are due in March 2015.

Kindly intimate as to whom to inquire about the Date to which the CHS falls due for election. Would like to know that 1)whether the CHS is empowered to levy the penalty of 21% on current Months Bill 2) whether the CHS can levy penalty of 21% on Statutory charges also.
Regads,
Kiran Kulkarni. 9969956572

Sir,
We formed our committee in 2008 december by moving a no-confidence vote against previous committee who was neither ready to conduct elections by procedure and not providing us the audit reports. We conducted elections by hand-raising and elected members. We submitted the Form-M-20 to registrar along with the statement of incidence. THere are many expenses incurred by previous committee without any receipt, too much cash transactions and not a single voucher dual validated. Many expenses carried out by them are false. When we took over we audited the previous accounts, sent notices for the explanation and then with exception accepted the audited accounts. our term was ending in 2013 December so we sent the letter to Registrar to seek guidance as all elections were on hold. We then proposed extension to our AGM in Aug 2013 and AGM unanimously accepted and approved our extension. we then again filled the form M-20 (though not required now)and submitted same with the MoM to the registrar. We are opting for the elections now as per the new guidelines. Is there anything we did which was illegal in the process and whether the deeds of our committee (which are done with due approval from General body) can be challenged ? should we have taken the action against older managing committee ?. please guide

We have taken elections by old bye-laws.just guide us this procedure of ensuring a legal election.

Our society is in the process of conducting elections as instructed by Dy Registrar. List was displayed for checking the names. Dates have not been declared as of yet. What is the minimum time the for displaying the election schedule on notice board. How many days in advance they should display the notice.

Salsette Catholic C.H.S. founded in 1918 has 294 plots this Plot holder type society, of this are 3 Co-partership society where plot and building build by society and every flat given a share certificate of these 294 plots building are build and they have society within society, The Society has so bascically there are 3 types Plot owners , tenant co-partnership and society within society, can the Managing committee be the same for all the 3 type of catogries, moreover in 1918 when society was formed some share certificates were given as donor members, as they donated lands their legatees still have share certificate without having a Plot or flat in society and are given voting rights, there is no such thing as donar member in MCS act kindly advise what should be done

Sir,

Recently election was conducted in our Society . The person who elected a president holding two flats in the same society with two share certificates, One on his name and another on his wife’s name. Is he eligible for contesting a election.? Can now we challange his post .?

Please advice .

CAN A NOMINEE BE A SIGNATORY TO A JOINT COMPLAINT AGAINST THE CO OPERATIVE HOUSING SOCIETY SECRETARY, IF SO ON WHAT CAPACITY HE CAN SIGN.

Hi,

In case the entire managing committee has resigned in the 3rd year itself. Can they declare the election to form a new managing committee or it needs to be administered by the authorized person being appointed by the Registrar, since the existing committee has resigned without completing the period of 5 years.

Present commitee was appointed under old bye laws. Our EGM of society has resolved that present commmitee should be there for a period of 3 years. However, no filling to the registrar regarding this change was made by the commitee. Subsequently model bye law was adopted. MOdel bye law states that only commitee appointed under new bye law will have term of 5 years. Thus, tenure of present commitee is dissolved. Further, presently, secretary and treasurer (who were co-opted by the present commitee since old secretary and treasurer is resigned and not elected by election) have resigned. Further, out of 11 members of commitee, 5 have resigned.Further,In special EGM, it was resolved by 25 out of 47 members (including commitee members)that this commitee should be dissolved and election to be held.But, present chairman not interested in dissolving this commitee and held election and delaying matter by manipulating facts. What recourse members have. Can they tell registrar in such case to held election. Can the old secretary sign papers related to election?

One of our members using the flat owned by him for a commercial address. He also opened Bank Account under the Companny;s name. Can we charge him the commercial rate of taxes such as maintenance and Municipal tax, Can we report this matter to the Municipal Authorities too.

Ours is a Registered CO-Operative Housing Society in the year 2000. As per Original approved Plan, there is a society office space. However, the builder has attached that portion too with a flat and sold. In 2012-13 conveyancing of the building also done. Can we still fight for our Right – Society Office. What would be the remedy.

Ours is a conveyanced Society in Thane Dist. Certain members have converted their one room kitchen to one bedroom hall kitchen by altering the Kitchen to passage. Is it legally allowable. If not so what is the solution left for the Society. They are arguing. But in the original Agreement it is not there. So also the Fire Exit has been closed by one flat with their bedroom.