By Sunil Deshmukh
District Deputy Registrar (Retd.)
For K.K. Ramani & Associates
The Government of Maharashtra has amended the Maharashtra Cooperative Societies Act, 1960 in 2013 and introduced new election procedure for cooperative housing societies.
We have explained the procedure as per the Act regarding elections to be conducted by the cooperative housing societies. We trust that you will find the same useful.
Elections of Cooperative Housing Societies
1. Maharashtra Cooperative Societies Act, 1960 has been amended on 13th August, 2013. As per the amended provisions of Section 73CB(1), State Cooperative Election Authority has been constituted. The Elections of all the Cooperative Societies have to be conducted as per the provisions of Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014.
2. The Housing Societies have been classified in two categories under the aforesaid Rules:
i. Housing Societies having 200 or more members as on 31st March of the preceding year in ‘C’ Type.
ii. Housing Societies having less than 200 members as on 31st March of the preceding year in ‘D’ Type.
Both type of Societies which are due for election has to submit the information in E-2 Format of the aforesaid Rules.
Form E-2
Forms of report to be delivered by the committee of the society 6 months before of the expiry of the period of the committee of the society.
| Sr. No.
(1) |
Name of Cooperative Society with registration No. and Address
(2) |
Date of result which last election of managing committee was held declared.
?
(3) |
Date on which term of the present MC members in the office to expire.
(4) |
Names of the constituencies as per bye-law.
(5) |
No. of MC members to be elected against each constituency.
(6) |
Remark
(7) |
Note: The Certificate from the Chief Executive Office / Secretary of the Society to the effect that submission of provisional voter list will follow within 7 days shall be as under :
Certificate
I, Shri / Smt. _________________, Chief Executive Officer / Secretary of ___________ _________ Society Limited _________, hereby certify that –
(1) The Society shall prepare provisional voters list of the members prior to that date and on or before expiry of 120/150 days.
(2) The information furnished in the Form E-2 is as correct and derived from the records of the Society.
(3) The particulars to be included in the provisional voters list shall be according to the Rules No.6 of these Rules.
Seal of the Society
Date :
Name and Signature of the
Chief Executive Officer / Secretary
Of the Society
The Elections of the ‘C’ Type Societies will be conducted Returning Officer appointed by the Assistant Registrar / Deputy Registrar of Cooperative Societies of concerned Ward.
Every society has to submit the information in above format to the concerned Assistant Registrar / Deputy Registrar.
The Elections of ‘D’ Type Societies will be conducted by the authorized officer appointed by the concerned Registrar. The Societies have to submit a copy of the byelaw along with the Form E-2 to the concerned Registrar. Society has to submit final list of voters to the concerned Registrar. The society should prepare voters list considering Section 26(1), which reads as under :
26(1) a member shall be entitled to exercise such rights as provided in the Act, Rules and the Byelaws.
The members should be eligible as per Section 27 of the Maharashtra Cooperative Societies Act. He should not be a defaulter under Section 73CA and should not be disqualified as per the provisions of Byelaws of the Society.
The relevant provisions of Section 27 are as under :
(1) save as otherwise provided in sub-section (2) to (7) both inclusive, no member of any society shall have more than one vote in its affairs and every right to vote shall be exercised personally and not by proxy.
(1)A – notwithstanding anything contained in sub-section (1), an active member who subsequently fails to participate in the affairs of the Society and use the services upto the minimum level as specified, from time to time, in its byelaws, shall cease to be active member and shall not be entitled to vote.
(2) Where a share of a society is held jointly by more than one person, (the person whose name stands first in the share certificate, if present shall have the right to vote but in his absence the person whose name stands second and in the absence of both, the person whose name stands next, and likewise, in the absence of the preceding persons the person whose name is next on the share certificate who is present and who is not a minor shall have right to vote.
(8) No nominal member shall have right to vote (and no such member shall be eligible to be member of a committee)
Section 73CA (A)(e) of the Act : “a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under Certificate of posting demanding the payment of dues and such member fails to make the payment become disqualified.
A member who is having more than two children on or after 7.9.2001 is disqualified to become a member of the committee.
The Secretary /Manager of a society has to prepare a provisional voter list as per the I-Register of members and publish it on the notice board of the society calling the objection on it within 2 days.
After two days prepare a final list of voters and to be submitted to the concerned Registrar in four copies.
The Returning Officer shall be appointed by the concerned Assistant / Deputy Registrar with the prior sanction of State Election Commission.
The Returning Officer with the consultation of Registrar and Society will prepare an election programme and will display it on the notice board of the society.
Expenses of Elections
1. Remuneration to the Authorised Officer Rs.750/-
2. Election Funds – less than 25 members – Rs.2500/-
26 – 50 members – Rs. 4000/-
51 – 100 members – Rs. 5000/-
101 – 199 members – Rs.7500/-
Strength of Managing Committee
| No of member of the Society | General | Reserved | ? | ? | ? | Total | Quorum of Meeting |
| ? | ? | Women | SC/ST | OBC | VJ/NT/SBC | ? | ? |
| Upto 100 | 6 | 2 | 1 | 1 | 1 | 11 | 6 |
| 101 to 200 | 6 | 2 | 1 | 1 | 1 | 13 | 7 |
| 201 to 300 | 10 | 2 | 1 | 1 | 1 | 15 | 8 |
| 301 to 500 | 12 | 2 | 1 | 1 | 1 | 17 | 9 |
| 501 and above | 14 | 2 | 1 | 1 | 1 | 19 | 10 |
* Quorum for the meeting will be simple majority for the existing Committee Members.
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.
All the managing committee members have resigned due to severe health problems.can immediate election be held for the smooth running of the society without involving the officers of registrar of coop. Society
Yes. Extraordinary General Meeting must be called.
Chairman of the Society is out of station for 3 months, Treasurer has submitted resignation. Without signature of Chairman or Treasurer on Cheques how society can run. Two signatories are must to sign on Cheques. We can appoint Chairman for temporary period till the chairman return back from out of station and also we can appoint Treasurer and other committee members in Special General Body Meeting. Please reply.
Yes!
In our society, whole committee resigned on moral ground due to failure of fulfilling procedure for redevelopment & there was dispute between committee members so can any of them contestant again for consecutively in new election?
superb info..thank u sir..
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
What is the minimum amount ofmembers required in the managing comm including women.We have no SC,St obc
We are 23mbers
N
only 8 member 6 general + 2 Women
Nominated Chairmen who is not elected throw voting can take decision on redeveloping of building
hello sir.
can i know the procedure of election for housing society registered dt on 01.01.2013 which have new managing body for the term of one year
Managing commitee of our society is 7 years old. But in spite of repeated reminders it is not holding elections. What is the election process for 64 member society?
Pl notify this immediate to election authority and Registrar.
can a active real estate agent contest for elections to committee member
want it be dangerous that the agent if elected can misuse the office for his personal interest as he will have access to all imformation of residents
I have same question,
Can a active Real Estate agent contest for election to committee member ?
He can misuse the information he has for rental, sell, vacant flats for doing his own business
How can we stop it ? do there any by laws for the same ?
yes, he can.
You cannot stop a member to receive information.
Mr. GD, why dont u satisfy with the percentage u collects from the buyer. why u want to enter into the society also and do more corruptive practices. please forget that ambition pls
Is this applicable to housing societies registered as co-partnership/tenant type or Apartment/condominium type?
If the present body does not take any action then what can we do?
SIR i wish to inform u that our building has total 10 members our building hs under construction under TDR and our committee is expiring on 31st march and out of 10 menbers 2 directors of the builder are also the developer of the building so we are now at present have a mc of 5 members out of the other 8 members PL reply how and what should be the new procedure to have elections as all members stay under rental premises and at different locations whether the developer who are having 2 flats can also stand for elections or not as still the building is not completed they remain to be still the developer. thanking you
we are going to conduct managing committee election in one months time .we wanted to know weather an associate member or a member not residing in society premises can contest the election.
please guide .we are not clear going through ammended by laws.
Thanks
Regards
Nazrul I Syed
Associate member cannot fight election. A member holding share certificate of the society can fight election, whether or not residing in society or no.
Dear Sir
We are small co-operative society on MHADA leased land with 19 members. Term of Our Management committee has expired one year back and they are not holding fresh election giving reason that as per current regulations societies cannot hold elections. Is this true ? And if so how can members get rid of unwanted Managing Committee. Kindly guide
M N Vadhar
Regards
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 in 2013 and we are 327 society members.Please guide us whether this election is legal or illegal,if illegal then what is the procedure to take new elections.
We have taken elections by old bye-laws.just guide us this procedure of ensuring a legal election.
sir we got our soc reg on 4sep2013 an on 22march 2015 the soc hold election without naming the nominationof contestant only voters list was displaced,on 22*3*2015 we hold election the nomination by paying 50 ruppes an 1 member withdraw his name on the same day can we chllange this election.
we are in D class soc having 108 members can we 6 members challenge them in cop court bcs we suspect manuplated election the reason behind this the members who fill their names out of 13 members 8 members have all illegal construction
Yes! it can be challenged.
Our Society is registered in the year 1971. The Share Certificate have been issued. Now it is observed that more than 60% members do not have registered
agreement nor paid stamp duties . Is those members are eligible to stand for election.
Yes. Stamp Duty started in 1084. And registration in Cooperative housing society was not mandatory. All the members having name in membership register are eligible to fight election.
Sir,I am an Associate member in the society so can i contest managing committee elections under new rules. Pls clarify ??
No, Associate members cannot fight elections.
Want to know can a person by just paying Rs 100 become a Associate member?
If such associatee members are made according to new bylaws do their membership ceases ?
If you read the bylaws at place it says you have to buy the shares , pay duty and register and at oneplace it says one can become associate member by signing form no 7 and paying Rs 100 one can become associate member.
Please clarify
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.
I hold two flats on my name with my wife being joint holder & second name on each of the flats and hold two independent share certificates of the society. How are the voting rights provisioned for a single person holding two flats?
Your’s will be considered as One vote only.
Is thw claim of the MC that the life of MC is till 31/03/16, as the elctions were held on 30/10/2010, justified?
What if the society elections are not held?
A society having more than 200 members is now termed Type “C”.Does this type of necessarily have to have constituencies.There is a housing society have about 800 members and has only 1(one) constituency,is this legally tenable.
Sir,
My question is very simple. A member has died long ago but still form part of voter list eligible for election Is such list is valid? and therefor election is valid ?
Is it necessary to publish list of such members just like members is default?
Candidate interest in contesting election should file a form in advance before specified time limit duly veried or it will be issued on the day of election by the election officer.If such procedure is valid ? what are the consequences if it is not?
It all depends on Election officer as to manage such list.
I am an associates member of Sahajivan Coop Hsg Soc.My wife is member is the member of the society She wants to add my as joint member and add my name in the share certificates as joint member is it possible ? If so what is the procedure to be adopted
Vasantrao pingulkar
There are some forms for Co-members or joint ownership. Do not go for Associate memnerbership.
What is the last date for the election as per the new rules
I m the chairman of socity If secretary do not issue notice to defoulter memberbecoz of his persnol rltn than what type of action taken by chairman
call managing committee meeting and appoint an advocate to initiate recovery.
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
what is procedure to adopted by returning officer in matter of D type society election
1) DATE OF election )
2) Date and time for distributing and receiving/ collecting nomination form
3)date and time for withdrawal of nomination form/declaration of final list of eligible contesting members
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 .
Two different members is allowed in same society.
R/S, I M RECOVERY OFFICER IN A CO-OPERATIVE BANK ONE OF MY DEFULTER IS CONTEST ANOTHER CO-OPERATIVE SOCIETY’S ELECTION CAN I MADE LEGALE OBJECATION FOR HIS ELECTION FROM & UNDER WHICH SECTION COVERED IT. SO PLEASE GIVE ME A GUIDLINE FOR THIS
THANKING YOU
member cannot fight once default in one society. refer election norms in bye-laws.
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.
No, Nominees are not party to society.
Ours is the society with only 15 Flats in one building.
1. What is the number of MC members we must have?
2. Can we elect 5 members out of 7 nominations by a ballot paper dropped in a ballot box please?
Please advise
Our society has only 14 members. Our society has yet to adopt the model by-lay and existing committee’s tenure is to end in may. In such circumstances, can society approve Audited accounts before the election of Managing Committee is held. Kindly guide.
Section 35 has been amended and it says that a secretary can continue for any term without any restriction. But my society bye laws say that Secretary can not continue for more than two terms. Can I appoint a secretary for third term without amending bye-laws of the society.
No, Please adhere to rules adopted by Bye-Law.
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.
Yes they can start election process.
As per the new election rules, who is to issue and collect nomination forms? Once the election is announced by the representative named by the Register (in a housing society with less than 200 members), can managing committee collect nominations from those interested in contesting elections?
WHAT ARE THE POWERS OF AN AUTHORIZED SIGNATORY IN A SOCIETY. CAN HE RAISE A COMPLAINT AGAINST THE WORKING OF THE MG. COMMITTEE.
There is no concept of authorised signatory. A power of attorney must be submitted to society.
Can we expel a member under Chapter 9 (c) of MSCSA 2003 since he is raising issues of 2001 and also other act detrimental to the interest and proper working of the CHS. He instigates members to sign complaints against the society by forming a Group.
No. Only defaulting members and public nuisance be the reason for expelling.
SIR, CAN A REAL ESTATE BROKER BE A COMMITTEE MEMBER AND A CHAIR PERSON OR SECCRETARY OR TREASURER.
CAN A 2ND JOINT HOLDER BE A CHAIRMAN OR SECRETARY OF A CHS.
IS IT MENTION IN THE SOCIETYS BYE-LAWS.
Yes a joint holder can become office bearer irrespective of his / her profession.
What is Public Nuisance in a Society by a member?
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?
Under what new bye laws can a associate member not contest elections
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.
Sir, Some legal heirs of the society e.g. son or daughter of society members are wish to participate in the society election but their name is not on the share certificate. As per bye-laws they can not give vote as a associate member also. So what is the procedure to add their names in share certificate on first number so that they can participate in election for managing committee. Kindly help. Thanks.
Request society to include their name as first owner, register a gift deed in their favour
Hi, I belong to Ward “D”. I want to contest for elections and i have filled my form and submitted in the Society. I overheard from someone that since I am a new member who has only completed 1.5 years in this society, I cannot contest. Minimum 2 years old members can only contest. How far is this true. Any one has Mr. Khans Number?
Regards
Yes its is mandatory to complete 2 years to stand in the election of society.
The present Managing Committee was appointed by the old bye – laws in the year 2014. We are now adopting the new model bye laws. Do we have to conduct fresh selection/election of Managing Committee. What would be the legal validity of the present committee which was selected in the last AGM 2014.
No need for fresh election. Let the term of the office expire according to old bye-law.
our society is in maharashtra, and have still not adopted the New Bye Laws and according to the old bye laws the tenure of the MC is three years.
The MC was elected on 01.04.2012 and its term expired on 31.03.2015.
NOW MY QUESTION, CAN THIS MC CONTINUE FOR FURTHER TWO YEARS AS PER THE NEW RULING BY MAHARASHTRA GOVERNMENT FOR THE HOUSING SOCIETIES IN MAHARASHTRA TO HAVE THE TENURE OF MC AS FIVE YEARS OR THEY ARE SUPPOSED TO CALL THE FRESH ELECTION
No, the tenure cannot be enhanced.
our society is in maharashtra, and have still not adopted the New Bye Laws and according to the old bye laws the tenure of the MC is three years.
The MC was elected on 01.04.2012 and its term expired on 31.03.2015.
NOW MY QUESTION, CAN THIS MC CONTINUE FOR FURTHER TWO YEARS AS PER THE NEW RULING BY MAHARASHTRA GOVERNMENT FOR THE HOUSING SOCIETIES IN MAHARASHTRA TO HAVE THE TENURE OF MC AS FIVE YEARS OR THEY ARE SUPPOSED TO CALL THE FRESH ELECTION
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.
if in the BMC plan it is showing as society office, you can vacate the premises from court decree.
Our society last election was held on 04/07/2010.We were not fully aware of the new laws. What should be done. what would be consequence for this lapse? Present committee never wanted to delay the elections.
Pl adopt new bye-law and go for the fresh elections according to rules.
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.
Society can take action and inform municipal corporation accordingly.
In our Society premises all flats have fixed safety door other than the Main door one to two inches ahead of the Main Door. One flat has earlier fixed 30 inches ahead of the Main door. Can we consider all these fixation of safety doors illegal.
Absolutely, a dedicated space for flats must be adhere to.
Ours is a Registered Housing Society. We pay our property tax collected from all flat owners in two instalments to KALYAN DOMBIVLI MUNICIPAL CORPORATION every year. Can we convert this payment to be made directly by the members individually to KDMC. Is there any norms applicable.
Yes this is possible. Mira Bhayandar Municipal Corporation did this long back.
Is there any rule that meeting should be conducted before 9.00 pm and should be over by 12.00 am when Lady Members are attending such General Body Meeting. We always conduct Special General Body meeting/s at 9 or 9.30 pm on Saturdays and members come late by 1 hour or more.
It can be mutual understand.
Recently when we conducted an Extra Ordinary General Body meeting 12 members came but only 8 have been signed for the reasons unknown to the General Body. For want of quorum (ours is a society of 18 members) Meeting was unnecessarily adjourned for two hours. What action can the General Body take on such members forming a group of 4.
Quarum id provided in Bye-law, act according to the rule.
I was selected to the Managing Committee as Secretary in 2015 when I was not even completed the minimum 2 years period of membership. Would the decision taken by the Managing Committee and I as a Secretary of that Committee is valid or not.
AGM election itself means the rectification.
I was selected in the AGM as Hon. Secretary in the year 2005 when I was just a new entrant that year. Would the decision taken by the Managing Committee wherein I was Hon. Secretary has any validity.
Yes.
Our Registered Society has three coconut palms in the compound. One member who regularly plucks coconut from one of the palm trees has been served a letter by the Society seeking explanation against his arbitrary act. Now he says we have jamun tree and all are plucking the fruit is there anything in writing in the Society. Also says the trees inside the compound are not registered though the Society is registered and conveyance in 2012. What action society can against such member.
Impose penalties after passing in AGM.
Sir,
Our Society’s Managing Committee election is due this year by September. We have sent Form E-2 alongwith the Certificate in April and Form E-3 of Provisional Voters’ List in May to the Concerned Dy. Registrar of our ward and to State Co-op. Election Commissioner/Authority, Pune but waiting for their response.
Please wait, for your turn.
Do you have a legal cell to fight against the irregularities happened and happening in a Co-operative Housing Society. Can a person holding Secretary post can file case against the Society in his individual capacity. Please advise.
Yes. Society is separate legal entity.
Dear Respected sir
Please note Our Chief Promotor (builder) call our first agm on 30.06.2014 for elect pwc, as per agm we elect members for pwc, Sir our pwc one year period 30.6.2014 to 30.6.2015,
so please advice when we will start process for new wc election as per 2013 election procedure
Thanks & Best Regards
Rosalie Lx CHS Ltd.
Sunil Ghegade
Secretary
You must start by 10th June.
Thanks for reply
Sir pls advice apxly when we will have a election Date by election dep
Any time after 21 days of serving notice. Could be first week of July.
The registrar is insisting that a joint member (co-owner of the property) has a right to vote only when a declaration under Form 10A has been filed.However as per Section 27 if the first member is absent the second member can vote.It does not acll for filing any declaration under form 10A.Please guide.
Form 10A is nothing but transfer of authority to joint member, a NOC or affidavit or a mere letter will also do. Section 27 will over rule the forms under bye-laws.
tHE REGISTRAR IS INSISTING ON DECLARATION UNDER FORM 10a WHEREAS THE FIRST OWNER IS IN USA AND NOT RESPONDING.WHAT SHOULD ONE DO? HE IS NOT GOING AS PER THE PROVISIONS OF SECTION 27.
if you are occupying property more than 12 year uninterrupted, then claim the Adverse Possession in the court decree and ask society to put your name as sole owner of the flat.
does a associate member have right to be member of the managing committe of a cooperative society and does go same for nominal member.
Associate member cannot fight election. There is no concept of nominal member.
our builder convened spl.G.M.on 28-08-2005 and handed over management of society to managing committee elected in that meeting.As such whether this M.C.will be for a period of five years from 28-08-2005 i.e.till 27-o8-2010 or till 31-03-2010?We have considered it tii 31-03-2010 and accordingly elected second M.C. from 01-04-2010 to 31-03-2015.When we should approach Dy Regr of our area for initiating the election process,kindly advice.
Immediately. Time already lapsed.
Dear Sir,
we have a Committee where in they have failed to conduct AGM for the last 3 years and when I complained to Deputy Reg in P/North ward,Mumbai but my complaint copy was forwarded to the Secretary by the Assistant to Deputy Reg instead of giving any reply to me or any action being taken. This Secretary has given a forged reply to Deputy Reg , There was a SPl Gen body conducted 0n 06.07.2014 but he has misrepresented as that was an AGM which was not so. As i have a copy of Minutes of SPGM held on 06.07.2014.
What should I do ?
There is a Redevelopment going on in our society since we signed DA in 2007, As per DA builder is supposed to pay all outgoings like taxes, Cess, Water bill, Electricity bill etc of the building under Redevelopment but he has failed to pay. This Secretary has paid out society’s funds an amount of Water bill more than 50K and recently they have paid even Electricity Bill from Society Funds upto 60K
have the society committee such rights to pay Builders dues from Society fund? Thsi Secretary is very adement , arrogant and doing all forgery manipulation in documents. Even he had done all the TRasnfers and raising maintenance bills in name of transferees without getting them approved in the AGM as AGM is not conducted in the name of Accounts as he is not preparing accounts and misappropriating funds from Society
Please advise
Rajesh Shah
in a small society of 12 members, do we need to consult Taluka or Ward co-op election officer or mere election held in AGM/SGM and committee decided therein shall serve the purpose.
Dear Sir, Is the requirement of M 20 Bonds still valid?
We have redevelopment going on since 2007 but up till now Builder has not transferred property in the name of the society. Nor he has completed project beyond 7 floors . The project is for 15 Floors. Even though we had registered the Conveyance Deed in 2007. We had received the BMC notice showing the arrears of Property Tax , The notice is in the name of Builder , Then only we came to know that property is still not transferred in the name of the society and this committee is there since Oct 2012
society has lots of Funds up to may be 1.5 Crores but this Secretary and the entire committee is dancing on tune of Secretary and Builder /developer is one of the members of the Society. We fear that this Secretary may pay property Tax payable by Builder from Society funds which is around 15 Lacs as he is not showing any accounts for last 4 years and we have a fear that he may have misappropriated lots of funds in favour of Builder and keeping members in dark and doing lots of GUndagiri in society . He is doing Atrocity /misappropriating society funds , filing bogus reports to Deputy Reg , threatening members of Police and to be ready dire consequencies
Pl advise
Please apply to the registrar to appoint administrator.
in a small society of 12 members, do we need to consult Taluka or Ward co-op election officer or mere election held in AGM/SGM and committee decided therein shall serve the purpose
Our Society in Thane has excess of income over expenses every year for last five years 2011 to 2015. The Managing Committee is proposing to provide rebate or refund of approximately 50% of the accumulated excess of income over expenses to the members by paying the property tax for the year from Society funds instead of collecting from members. Can AGM authorize the Committee to provide this kind of rebate ?
yes. Better give rebate to early bird payments.
Dear Sir,
We need to conduct election as per the new rules to our Housing Society of 30 members. What is the procedure? Is there any form that I need to send to the Election authorities and where are they based? Can I have the form numbers and address?? By when should we complete the election process?
Dear Sir,
In our Society a lady member has made application to enroll her husband as an Associate member. She has also expressed her desire that after her husband is admitted as an Associate member, he would contest election for Managing Committee. Can he contest election ?
No. Associate member cannot contest election.
Dear Sir,
Election officer is asking for bribe to come on any Sunday to conduct election program. Are they supposed to come only on working day? Please guide.
Thanks,
Ram
Bribes can be reported to ACB. Sundays are most favourable days and election officers are appointed only when they give undertaking to election authority that they will go on holidays and week ends like Sunday. He is duty bound to come on Sunday.
If a committee Member of a housing society has two children before 2002 and later 2 more children are born after 2002 is he eligible for disqualification
No.
Sir
As per the article published in Accomodation times on the 5th Jan 2015 by Sunil Deskmukh Retd Deputy Registar under section 73 CA (A) (e) of the act a person having more than 2 children after 7.09.2001 is disqualified. Request you to please clarify the application of this section.
Thanking You.
The section over rule all provision of new election rules.
our society had election in 2011. Do we need to take an election before end of full five years term by new amendment? We didnot accepted the new Bye Laws yet, is there any action for not accepting it? What is the last date to accept the Bye Laws?
No last date of accepting bye law.
Our society ; Powai Gulmohar CO – OP.Hsg. Soc. Ltd. bldg No 20A, MHADA Powai, has three office bearers;Chairman, Secretary, and Treasurer, who are ASSOCIATE MEMBERS as the flats are held on the names of their wives(the first names in share certificates)
Can these persons become members of the ‘Committee’ and hold these positions.
If not is there a way to regularise and allow them to continue and do all legal transaction on behalf of the Society.
They cannot become office bearers. Society can appoint them as managers to do the work and give authority to act on its behalf.
There is one member in our Society in whose name the Share Certificate is issued have two nominees. Now she requested to remove one nominee and gave 100% to her daughter the other nominee was her son and both are married. There is no indemnity or declaration from her side after her decease it would go to her daughter. In such a scenario what would be the role of Society if her son also put a claim on the property legally. Is 100% share of the nominee has any validity in front of a court case.
Nominees are trustees. Either one or two nominee. One is removed and another is added. Society must follow rule and see Will and Probate and if no will then let legal heirs take succession certificate from court, advertise in Newspaper and formalities completed to become member.
Our society having 20 members & i am member in society.on 2/10/2010 five persons were elected in A G M but one person was not member ,he was elected as treasurer .his wife is member of society was signing all records as treasurer in reply to my query secretery explained that it is for convenience of society.M20 bond was though applicable was not given.quotation of bldg repair leakage painting was sanctioned hurriedly by passing 1 qoutation in meeting held on 5/4/2011 but thereafter quotation for additional work was separate taken from same contractor which is incorrect ,treasurer did renovation work including false ceiling in his flat from same contractor during societies work .,which was objected by me but chairman explained that he has paid to his worker who has done this skilled architectural work ..These points were brought to notice of DY Registar on 31/10/2011.,but till date no reply/action .In meantime commitee carried out conveyance work through advisor who was paid ,his TDS was deducted & same TDS was again paid to him after passing in society meeting i objected for same but other members supported saying that we have to pay bribe everywhere to get work done .builder was also paid for signing conveience deed in cash & for raising cash 2 separate quotations of less than Rs 30,000/[to avoid TDS] were obtained .as per law 3 quiotation each were not taken in both cases.last year
AGM PROFIT & LOSS STATEMENT showed diff of Rs 22,000/ whereas treasurer told diff as Rs44,000/ & accordingly increased monthly charges .at the time of passing minutes of meeting this mistake was brought to notice of committe with request to rectify by lowering increase dues but chaireman did not accepted it but finaly when minutes were recd i was surprised to see that he thanked me for pointing out mistake & stated correction made in record but no revision in increased amount ,.other members do not understand ,blindly supports them .20 years back same commietee not conducted audit for 5/6 yrs & commited mistakes in lakhs but society people removed them & forgot same .now same commitee intend to come & treasurer being interested in money/redevelopment we may incurre huge losses pl guide us
M 20 Bonds are not compulsory. Object to the bills in AGM. Apply for administrator if not satisfied. See auditors report for satisfaction. Co-operate.
Dear Sir,
If a flat is owned jointly by Husband and wife after completing all the formalities. After how many years a registered member contest managing committee elections?
2 years.
Sir, my soc recently got deemed conveyance. 4 members have duly paid stampd duty purchase deed documents of flat in 1990 and are not registered. It was a last chance for them to come forward and get the documents registered as per mandatory statutory provisions. They want to contest new managing committee elections. We wrote to DDR in this matter, no reply received. What to do?
They can fight election. In 1990, there was no compulsion of registration in societies. Since they are members, they can fight elections.
Dear Sir,
The present managing committee of our society was “selected” among the members attended in the AGM in the year 2011.Do we need to elect the new managing comitte before June 2015 as per the new rules? Or the election need to be conducted in the year 2016 only on completion of 5year term?
Regards
Election in 2016 if Bye-law provided for term of 5 years for office bearer.
Sir our society MC terms is overing on 8th JUNE 2015 , but still not declare any election dates and want to remain as MC after 8th JUNE 2015 . is this valid, if not what legal steps can be taken,
Even on Last year 8th JUNE 2014 MC releceted themsleves for 1 year with 18 memebers presance without informing all other absent memebers of 40 memebers society .
pl. reply
Complain to authority.
Dear Sir,
Pl. explain what can be done if OLD MC tender their resignation from POST ( CP, V CP, Sec, Tre all ) in SGM before 1 day of expiry terms , and walkout , so if all other members selected 5 regular memebers as New MC , can be this validated this is happen on 7th JUNE 2015
Yes.
Can a defaulted member whose dues were written off can join managing committee
Yes! Ofcourse.
Let me know where I can get copy of new election rules for housing societies in Mumbai.
Two members of our Housing Society indulged in willful wrong activities with the Electric Board installed by MSEB when their Electric connection gone off due to over loading. They put off our DP too and put six members under dark in the wee hours of the day. We registered an NC with the local Police Authorites and they were called. But still they come out with wrong execuses and putting blame on the Managing Committee because of the Managing Committee their electric connections were gone off. What Action can we take since the NC is Registered and it leads court case (criminal) under IPC 507. Can we expel these members once the court case is registered.
We advise only Real Estate. Sorry. You can engage a lawyer.
THANKS FOR YOUR KIND ADVICE
When Municipal Property Tax is being paid by Individual in a CHS, if suppose one member fail to pay the Tax and become defaulter, the concerned Municipal Authority would take action such as water cut, etc. on individual member or it affects the whole society.
I am owner of a tenement in an Ekta Apartment Owners’ Association then Regisxtered by CIDCO Limited, constructed Eight buildings and allotted to 128 buyers. The Association wants to convedrt into a Housing Society. What is the procedure to be followied. Please furnish detail;s.
You need to start proceeding to register a society. Pass a resolution to liquidate the association.
Can a member can continue as chairman or other post for more than 5 years in a registered CHS
everytime a fresh election and , if he is elected, yes he can.
Dear Admin,
Our soc. in Mulund (Mumbai) has asked us to pay an extra charge of Rs. 2000 per time for use of lift for debris removal from my 8th floor flat.
Does the MC have the rights to do so?
Please advise.
Thank you in advanc.
Yes. If it is passed in MC meetings.
Is pet animals (four legged) are allowed to maintain inside the house in a CHS. Can we stop such activities. Please advise.
yes, society can stop pets in society premises.
We are society from khar mumbai. total no of members 11. do we need to follow this procedure. one of my friend said that there is recent notification by which the society having less than 30 memebers are exempt from this procedure. kindly clarify and
pls provide if there is any such notification is there
Procedure is applicable to all society irrespective of number of members.
Our society is not registered ..it is ongoing but someone from the said society filed complaint with the name of unformed society .Does this complaint valid ? or is it personal liability of complainant?
pl re frame your question and elaborate.
As per registered by-laws of our society we have conducted elections on 14th June 2015, as the 5year term of the MC was coming to an end on 13June.Notice of our intent to hold elections on 14 June along with the requisite forms/information was submitted to the Dy. Registrar on 28 March, and a subsequent reminder given upon non-receipt of response in reasonable time. Seven members were declared elected unopposed by the Returning Officer appointed by the MC. The election was endorsed by the AGM held on that day. About a week before the elections notice was received from an authorized officer to contact him with particulars already submitted as above. We propose to inform him of the results of the election and endorsement thereof by AGM.Ours is a society not having any internal disputes in respect of management. We feel that co-operative societies are essentially self governing bodies and unnecessary interference by government in their management is uncalled for.The out going MC members propose to hand over charge to the new committee, as their term has expired and essentially they are not permitted to remain in office for more than 5 years as per the bye laws. Please advise.
You need to inform the authorities as to new election and AGM resolutions.
Dear Admin,
Thanks for helpin us we formed a adhoc committee in kharghar navi mumbai in swaraj imperial chs, and now want to go for form a committe what is the procedure pl let me know,.
Rgds
RK Shreevastava
If I am working with pune corporation as an engineer then can I contest in co operative housing society election?
Yes sir.
Once the election is completed in the housing society in presence of authorised representative of the registrar then in how many days the said representative should give report to the society so that the society can form new managing committee?
Three working days.
newely commitee is formed in that out of 101 flat owners 10 member submited nomination and without voting all selected on 4th january 2015. but in that 3 member is from previous commitee and many misappropriation of fund in last 3 years. i am treasure they not allowed me to check old account and debit voucher and in group forcing me to resign .even not calling all members meeting. only 4-5 in group take decision and pass all cquation.
Apply to registrar for Administrator.
Sir, in our society our name comes on second in sharecertifcate and we are having family dispute with the person whose name is first in share certificate.now that person is secretary and is well off .he with the committee me members arharassing us and not sending any circilars, notices etc to us.they r boycotting… also they don’t stay there for past 30 years whereas we are staying from past 30 years. Also had complained thus regarding to registrar but even after receiving registrar letters society does not respond.its seems society does not have any respect towards registrar. Sir please suggest what can we do as we do not get. Correspondence of society as all listen to them and send to their diff address even we stay there…
Apply to court for adverse possession and let court decree in favour of you after you prove that you were staying there uninterrupted for last 12 years and there was no attempt by first owner or anybody to vacate it.
We are a coop. housing society of 66 members at Mululnd , Mumbai which was registered in June’2010 by builder/developer. However the society management is taken over on 2nd August’2014 only by a Prov Managing Committee. Please inform when are we required to hold elections for a new managing committee. We would prefer to abide by all the rules and regulations. Pl inform whether you can assist us in the procedure or recommend someone to assist us on professional assignment basis.
Immediately. Pl down load election manual from our website.
what is limit for proposer propose the candidates with filling form no E5?
we are a society of abv 100 members. most of the principal/ primary members are abv the age of 70 owing to which they cannot discharge their duties eg contesting elections . Is there any way or method by which associate members can contest elections n be a part of managing committee eg if passed a resolution in EGM/AGM ?for the sake of a healthy state of democracy .is there any other way by which an associate member contest election n be part of committee ? Pls guide me sir
Can postal voting be done and can it b considered valid in a Co.Op.Hsg socity , as iam out of Mumbai and our Scty elections are on 28/6/2015
Only if Society election officer permits.
Our society members are nominated secretary, chairman, treasurer and committee members without election.all members majority members are decided it is correct or not only chairman purchase the flat within six month, he can elected
community is made 16th June 2015
You must not by pass minority, go for proper elections.
Hi,
Recently we had elections in our society and the elected members have selected the office bearers. The X chairman who is not selected this time is claiming that as he is from OBC category, he should get the first right for chairman position.
Is that correct ? Is there any such law which states this.
Please guide
No sir, there is no caste discrimination in co-operation law in Maharashtra or any where in India. There no such reservation.
Dear Sir,
As we our secretary has resign from his post, and he told us that new procedure of election is more tough. as he tell us that there will be deposit of 17000 for whosoever wants to stand in the election and the committee will come from Pune Maharashtra and also mention that Palghar district has different rules, as previous Vasai was in the thane now it is in the Palghar district so rules are change.
As all the member of society want to elect one person and don’t want this long procedure, is there any way that all member decide to elect one man for their secretary post without going the way which he told.
Fees as applicable has to be paid and all members should sign the resolution and submit to registrar.
Can a member who has rented out his flat and is staying away, stand for the upcoming society elections…what r the rules for the same….
Yes. Norma;l and general rules applicable.
The term of our MC have been completed im 13 aug 13.The MC is not initiating the process for elections. All efforts and follow up have been made with the deputy registrar.But nothing positive happening.Since 30 june is tge deadline for conducting election as per the commissioner’s order, what should be the next step. Can we debarred the present MC for standing in the forthcoming election for such violation
Let the returning officer take a call.
Election is mandatory ? If our scty follows old system & not inform registrar for election then it is fine with the law ?
The society will be fined. All decision of MC will be void.
What recourse is available if the registrar is not informed 6 months in advance about the expiry of term of existing MC? Can the process be initiated and election held? What about conducting AGM in such case? Please advise on all the points
With reason, registrar must be informed. Go ahead and start the election procedure.
What is term for secretary, chairman and treasures? 1 yr or 5yrs.
If 5 yrs, how to change secretery if he is not doing properly.
No confidence motion against the office bearer.
Sir,
In society election can a joint member(second name) stand for Managging committee election .
Yes.
Chairman of our society having 242 members resigned in Nov 14 without taking any action for election procedure when the present body of 9 directors expires on 31 Mar 2015.Secretary of the present committee not taking any interest for election. Since there was no chairman till May 2015 present body elected me as Chairman to continue till new body is formed after legal elections. Is it legal for me to continue as Chairman and held elections as per Govt Rules in such conditions?
yes. Its legal position you hold till new body comes.
What is the duty of a Cashier of a housing society. Does he suppose to keep the cash with him up to authorised limit and pay the bills.and Banking of the society.
yes, you are right.
I want to know that a member can fillup his nomination . for election on two post
No.
A housing society is under redevelopment and all the members are scattered. The tenure of the managing committee will end in august 2015. The committee was elected last for a three year tenure. Pl advise how to go about this.
Send meeting notices to last known address.
How to initiate no confidence motion?
How many minimum members required to initiate such no conifdence motion?
10%. Give notice and MC duty bound to conduct EAGM.
Our MC was elected in june 2013 for a period of 5 years.
Till today they have not adopted the new byelaws. The last date of june 30th 2015 is over. Next week they have called in the GBM to increase the maintance charges and to negotiate with the builder. Since the MC has not conducted fresh elections as per the new byelaws will their decisions be valid. The secretary is very adament an arrogant.please advice.
Adopting new bye-law is not compulsory.
sir how to initiate no confidence motin agaginst the present MC & how many minimum members are required to initiate such no confidence motion- 1/5th 1/2 or 1/3 of he members?
10% of total members required to give notice for no confidence.
Sir, I have a doubt in this case. If a society is having only 19 members then two members can move a NO CONFIDENCE MOTION.
yes.
on what basis the quorum is calculated.If the quorum falls below the stipulated numbers what will be the fate of the MC AND WHAT ACTION SHOULD BE TAKEN.Are fresh elections to called for .
Quorum if not established, postponed it for an hour, if then also not done then postponed to day after.
Dear admin,
We had applied for registration / adoption of new byelaws as per the new act in april 2013. 7/4/2013 was the last date to submit the new bye laww. However, till date we have not received the stamped copy of the same. Earlier we were told that download them from internet and run the society. Now we have the printed stationary but not the stamped one.
Please advise.
AGM resolution is enough.
Our Society had election on 28 July 2015. Our Election officier had not given us compelete rules nor explain about it. As per the rules person who have more than 2 children cannot stand for election. There were 3 people standing for election have 3 children. Out of 3 memebers 2 are elected as committee members. Can we disqualified these memebers. Second thing the election officier had not explained anything . Can this election be cancelled.
if after 2001 if children are born then disqualification can happen.
The MC term has expired however the secy has senr notice for another AGM, and not properly replying to our queries regarding elections… pl guide how to contact the Returning Officer/Authorised personnel from Registrar office
Write to registrar.
our society is below 100 member . In election 7 member standing 2 women in direct it elected but people can vote how much minimum vote .
There is no minimum or maximum votes. One flat one vote. Vote for all 7 members.
in which condition associate member fight election &be a member of managing commitee ?
When main member is out or incapacitated and give Power of Attorney to associate members.
as he knows(dy registrar) that associate members are fighting election(as per the list given by society ) ,then also he allow them(associate members bypaying 100 rs entrance fee) for fighting election , what action should be taken on registrar who making fraud with society member (associate members )?
Take an injunction from court and file a suit .
Can a flat owner who is staying out of society,but adjacent to the society building become chairman of managing committee??
Yes.
Our society’s managing body was elected formed in 2012 with requisite members. It is correct 5 years. With the chance on rules, do we have to have re-election this year for new body? Or should we wait till 5 years are over and for new body with new elation rules.
Elections are due.
Can a second owner of a flat become a chairman as per law she is applicable for the post
Second owner if she had completed two years. Second name in the share certificate then also yes.
hello, if there are no members who fall under the reserved category, do the seats then move to the open category?
yes.
A member of the society owns 8 flats in the same society. does he have the right to cast 8 votes or just 1 vote in the society elections.
In the case of Merry Niketan Co-operative Housing Society Ltd Supreme Court said that One Vote for One Flat. Hence 8 flats will have 8 votes.
We are a housing society of 152 members. We had formed a managining committee of 9 members ( including 1 woman) by self nomination without voting under guidance of government appointed election officer. After 3 months, secretary & 1 member resigned from the mc. the mc appointed new secretary & new treasurer from among remaining members, chairman being the same without informing the election officer/registrar. Now the MC is running the society operations with 7 members only. Is it valid & legal way of running affairs of co-op. society. If not, what is the procedure to make the mc function as per the co-op laws of hsg. societies. pls. guide aasap.
thanks & regards
pravin
It is fine, just co-opt two more members.
thanks for your prompt reply,but as per 97th constitutional ammendment act 2011,it is clearly mentioned’board may fill a casual vaccancy on the board by nomination out of the same class of members in respect of which the casual vaccancy has arisen, IF THE TERM OF THE OFFICE OF THE BOARD IS LESS THAN HALF OF ITS ORIGINAL TERM”which is 5 years in our soc.case & only 5 months have passed now from the start of functioning/term of BOARD.still is it okay for MC/ BOARD to run the affairs of the society by just co-opting two members instead of calling for fresh election process to constitute new stable board for full term of 5 years. pls. guide.
regards
pravin
Please elaborate the question.
we are a housing society with 70 members, is it necessary for us to go through the election officer. in the past we have been smoothly conducting elections following proper procedure and none of the members have any grouse or complaints with regard to the same
yes.
Our Society has 14 members. We have 5 members in the M. C. elected as per the old Bye-laws. Do we have to elect 11 members to form an M.C. after the expiry of the present term?
NO.
I want to ask that election offcer has not explained anything about the election and 3 members having more than 2 children and 2 members had won in the election. Can this election be cancelled.
if children born before 2001, parents are eligible.
In my society managing committee got elected in Jan 13.On may-13 Secretary resigned & m/c coopted one member.As they did’t convey the vecancy My question is whether committee can be termed as illegally formed?Presently they are found functioning with many irregularities & now they are proceeding towards redevelopment.
What is the question? Co-opting is legal.
Sir,
one of our society member die when our building is under builder control. Now our building is operating by society committee. His wife wants to transfer the flat by own name.can society transfer the flat by her name.she allways force the committee to transfer the flat by her name.
Follow regular procedure to transfer of flats.
Can a person stand for election if his name stand second in agreement
yes
We have society of 10 member including 3 commercial flat. we held election in next month. Is it true that cost election for our society would be near to rupee one lakh?
Pl see the post, fees of returnng officer is mentioned.
Our society is located at Pune and have 90 members. Both the chairman and secretary had resigned recently and only the treasurer is left in the committee. GBM was conducted last week and new executive committee of 11 members has been formed. They have elected the chairman, secretary and treasurer also. Is their positions valid, considering the present election rules in effect ? Or else what is to be done ? Please advise.
.
Its seems to be valid.
DEAR SIR, KINDLY ADVISE WHETHER WE CAN VOTE BY POST OR EMAIL, IF I M OUT OF TOWN ON THE DAY OF ELECTION, OUR SOCIETYS ELECTION AR EON 26 TH JULY AND WE NEED TO KNOW ABOUT THE SAME.
REGDS
Proxy can be used or if Returning officer allow, you can vote by email.
IN OUR SOCIETY THERE IS HEAVY INTERNAL LEAKAGES FROM THE SECOND FLOOR TO THE FIRST FLOOR FLAT. THE TOP FLOOR FLAT IS NOT CO-OPERATING TO GET IT REPAIRED. WHAT REMEDIES AVAILABLE WITH THE SOCIETY SINCE THE AFFECTED FLAT OWNER ALREADY GIVEN COMPLAINT IN WRITING TO THE SOCIETY
Pl complaint to police.
I have read somewhere on the net that if chairman resigns from post of chairman as well as from committee member, the entire committee has to resign as chairman is like PM and society cannot co-opt chairman.Is it true?
No, chairman resignation do not lead to termination of the MC. MC can elect chairman afresh.
Dear Sir,
I stay in Navi Mumbai and we are a society with 228 flats/members.Our election is due before 22nd Sep 2015 and thereby we have given the requisition/application with E2/E3 form as well as cheque of Rs 7500 as expenses or fees.
There two queires
1)The consultant through whom we are doing this has come back and told that the fees for more than 200 members has been increased to Rs 20,000/- so we will have to pay additional amount however there is no official circular or communication. How to go about this or do you have any details of same?
2) What if no one nominates for the reserved category position i.e OBC/SC/ST. Then what is course of action and also what if total nominations are 15 or less than 15.
Thanks
Jai
1. It is not 20,000/-, pay by demand draft to registrar only, dont pay to agent’s account.
2. Nominate according to rules, fill by open category.
Is their any cooling off period for the upcoming hsg society election to contest for committee members. As two month back I purchased flat, sale deed an transfer of certificate also in my name. Can I contest for committee member in election 2024.
‘D’ type Society (less than 200 members).MC term expired in Oct 2013 but Elections could not be held because of new act was kept in suspension. Then 31-Dec-2014 deadline got extended to 30-Jun-15 and now members are sent SGM notice by Coop CEA officer about elections in the SGM.Current Secy is inviting nominations 03 days before SGM date. But Returning officer is NOT announced/appointed.
Questions:
(1) can the SCEA officer by-pass the requirement of declare Election program & agenda, appoint a Returning officer etc.?
(2) Can the present Secy receive play that role (even as interested party)?
(3) With only 8 members in new MC, what will be quorum for valid MC meeting? (given the fact that we do not have members from SC/ST/VJ/NT and hence 3 reserved seats will remain vacant),
(4) What fees have to be paid? is it Rs. 4000?
1. No
2. No.
3. New MC has to be according to the new rules.
4. As prescribed.
Dear sir,
our society election on this 26th july. so can past secretary/chairman/treasurer stand for managing committee , or can they rejoin the same post if election result in favour of them.
thanking you, mani bhushan
Yes ofcourse.
We have inform the Registrar office for connducting elections in our society as the present term is expiring in august but aas of day we have failed to receive any communication from their end.
What is the option available to societies in event of no communication from their end.
Can we hold elections as ususal
Yes, go ahead and file the proceedings to registrar office.
Dear Sir,
Our society is very small having only 38 members,how are we going to have MCM consisting of 11 members? so far the present committee has 6 members and is doing fine, what if, when the society conduct new election and not enough members participate and we do not have that magic number (11)?
please advise. regards.
Nominate members to MC
Real Estate agent Society Me kisi Bhi Pad Ke Liye Khada Ho sakta Hai
3bachhe Ke Mata Pita kisi Pad Ke Liye Society me Kada Ho Sakte Hai
Real estate agent: Can stand for any position if society rules allow and they are a member.
Parents with 3 children: Can stand for any position if society rules don’t restrict based on family size and they are a member.
Both must follow the society’s nomination and election procedures.
In a society or 40 members and as per bylaws it is required to have 11 committee members. If we are not able to find 11 what’s the minimum no. of committee members required
Pl refer matter to returning officer, who will nominate accordingly.
In case a member is going out of town and wish to file his nomination for the managing committee for the elections – can he be allowed by the deputy registrar to submit his form in advance compared to the date declared for submitting the form .
Pls inform
yes.
I want to know the procedure for change in member of society in the case where 3 members are coming and simultaneously 3 are going?
Pl follow various forms and procedure of inducting members. On this portal you will find all the forms for downloads.
Iam a member of housing society in goa, committe was formed in arpil 2015 and after 3 month all the committee members have resigned.suddenly secretary puts the notice saying election will happen with in 2 weeks. he gave only 3 days to file nomination. my question is according to law how many minimum days to be given to file nomination. my second question is how many days gap should be there for re-election after the nomination is filled
Special AGM 14 days.
Sir,
Am resident of Mumbai and our society has 20 members. In November 2014 Managing Committee resigned due to differences between society members and handed over the charge to New committee. They say since we have not adopted the Election rules in our Minutes book hence it does not apply to our society Is it true?
Couple of years ago, in AGM we all members passed a resolution for fixing Managing Committee members i.e. 5 members will take over for 5 years and another 5 members for next 5 years and so on.
My question is – does the above resolution passed in the AGM valid, as now new election rules have come in to effect. Is it absolutely necessary to inform the Housing Society Registrar for holding elections?
New election rules will over rule all past resolutions, you need to follow new election rules
kya secretary ki sister in law(sali) co-op hsg soc. ltd mai manager ki post le sakti hai.
kya koi bylaws ya koi book hai jisme yeh define kiya hua hai ki konsa relation kis ke saat kam nahi kar sakta hia
thanks for helping me out
No such rules.
what will be strength of committee for 27 member society?
Reservation rule applies to such small society also?
New admitted member can become a committee member emiditely
Kisine agar society me flat liya to society me member banane ke turant hi committee me aa sakata hai kya?
sir,
what is voter list of society election. can a member of society not a voter or any other rule.
thanks
Dear Sir,
As per sections 3A- 27 of the Co-operative societies law, New members are not required to be active for a minimum of 2 years, However as per Part 3 -9 the active members with a minimum of 2 years active can only be enrolled in the provisional voters list for election.
Can you please specify the rule on new members for the elections in regards to my society which is “D” Type , How long does a new member need to be active to take part in elections according to 2015 laws?
Interactive Seminar on New election Rules in Housing societies with all Amendments & Processors in Mumbai: Accommodation Times & Maharashtra Co-operative Housing Society Times
For more details call on 09167998383/022 65703470
or mail us on roshni@accommodationtimes.com atirem1@accommodationtimes.com
Our society Chairman has not called for managing comittee meeting for quite some time . He is the biggest defaulter in the society and has not paid maintainance for more than one year and deliberately is not charging any interest @ 21% on any of the defaulters as he himself is a biggest defaulters . Because of this many members including myself are not paying maintainance since last few months as the whole society is running on the maintaince of new members and others are enjoying interest free loan by not paying maintainance . He is clearly misusing his powers and all other committee members are keeping quite about it willfully. I have raised this point in the managing committee of charging interest and penalty but the chairman and secretary have joined hands and are not charging interest inspite of repeatedly being told to do so by other committee members . Biggest defaulters are inside the managing committee . Committee has been formed more than one year back and fresh elections have not been conducted nor is any meeting being called of managing committee or AGM by the secreatary has he is clearly trying to escape away as he is the biggest defaulters . Kindly let me know as a member of society what action can be initiates against such committee members who are willful defaulters for over 18 months with no penalty or interest being charged to them and if they can be expelled from committee . Please provide me guidance and how to handle this matter in details
Sir,
Is it compulsory for the smaller hsg societies having members upto 20 and where regular elections were held since 1975,to follow these rules for election ? This will add up to extra cost to smaller societies and complexity of the procedure.
For preparing a provisional list of voters for the year 2015-16, what cut off date shall i take for members to be included in the list.
What is the maximum term of the previous managing committee members. In my society, the current managing committee is their for last 12 years. We have given letters to sub registrar office no action has been taken.
What is the maximum term? Can they stand for re-election if they have continously managed for last 12 years.
5 years. yes they can stand for re-election.
Since when those rules are brought in force and are they mandatory?What would be the fate of elections conducted without following rules?
Regards.
13 Aug 2013. Liability of penalties and prosecution.
How to identify in election of housing soc that nominees is SC/ST/OBC etc. in our society someone suggested that we will circulte the form to fill the details of Religion/Caste/Sub Caste etc.of the members. This is right way to obtain such a details for Housing so’s election?
please clarify
A caste certificate is must before claiming it. Ask member to produce such certificate if they want to avail the facility.
jo log forcefully committee members ho unke liye kya steps le sakte he? kaha uski sunwai ho sakti he? aur jo log forcefully committee members ho gaye he unhone jo kharcha kiya he without proper approval uska kya kar sakte he? uski complain kaha kar sakte he?
Unko Dy Registrar ke yaha complaint kariye.
we have visited yesterday to dy. registrar office but he siply said that this is disputed matter this is not fall in our jurisdiction you have to file a case in co operative court
if society managing comitee—chairman and secretary are associated member from last 7 years, decision taken by this comtiee have any stand or it is consider as null & void,
My Flat is in my name only.
Can my wife stand in the Managing Committee election.
What is the Law.
According to me NO. If her name is not appearing on the Share Certificate or as Co-Applicant she cannot. Even a Nominee cannnot stand for Election or attending SGM or AGMs. If am not right correct it by learned people.
We have received possession in January15 based on completion certificate received by the builder in november14. We have paid the maintenance of 1 year duration to builder per our agreement. Builder has merged our building into the existing society. Now Society is demanding maintenance from July15 by saying that they have changed maintenance cycle and sent notice to take legal steps against us because we did not pay per new maintenance from July15. Why should we pay? Our maintenance cycle should be from Jan15 to Jan16 right ? Please suggest can we challenge them?
Correction in previous comment.. Please read April-15 in place of July-15. Thanks. Awaiting for response
Society having less then 15 members does not need to approach registrar for election ? Mr. Deshpande could you please confirm this ?
Is it election officer duty to inform the newly elected managing committee to submit expenditure occured during election….and if it is his duty ..how is he suppose to intimate the memeber..oral or written?
Dear sir,
Would like to know if the new managing committee fails to submit the election expenses(section-66) what are the consequences ..and how to get it rectify?
associate member banne ke liye co-owner hona zaruri hai?
ya associate member ka form bharke aur entry fee rs100 bharke bann sakte hai?
form 8A to be filled
Dear Sir,
Our society is register as on 27th March 2013.
Builder has handover the society to the provisional committee from August 2014.
Now, 2 months before the AGM, the society has filled E2 form & certificate issued from secretary and forwarded to registrar with the help of Accountant, but till day there is no election is held by the dy. registrar.
In AGM it was decided that the NEW committee will be formed for next 5 years, however after the AGM previous Chairman inform that till the elections are not conducted the New committee formed will be also provisional upto next AGM or Election date is declare, whichever is earlier.
Now you may please brief us the procedure.
Total Members are 124 in Society.
Waiting for your reply.
Dear Sir,
If there is no ST, SC, OBC, SBC etc or 2 women not showing willingness to work in the soceity, in such case can the society cop any other member for completing 13 members or else all the category should be kept as vacant.
yes
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And Conveyance of Housing Societies” (Latest version with case law) New Election Rules and Procedure. On Saturday, 8th August 2015, at Juhu Jagruti Auditorium, Mithibai College, Vileparle W, Mumbai. Speakers- Mr. Sunil Deshmukh, District Deputy Registrar (Retd.) and Adv. Vinod Sampat. Fess Rs. 1,500/- To register Call: 09167998383 | 022-65703470 or E-mail: roshni@accommodationtimes.com
Our society has so far not conducted any election for the Managing Committee. However there is a Committee in force consisting of seven members who manage the affairs of the society. Since the rules have been changed can u please guide us how to go about for conducting the elections and regularising the same.
Apply to registrar to appoint returning officer.
Member not residing in the night time. He has another house . can he stand for society election. Please revert as he he is a honest person.
yes.
1. Can an ASSOCIATE member in the Housing Society have right to vote or become member of the Managing Committee ?
2. What is VJ/NT/SBC reservation and if candidates from these groups are not available,will the seat remain vacant ?
3.Where can I get a copy of complete election rules in English.
1. No
2. No, seat can be filled by open category
3. On our website.
After election completion (vote counting and new committee member declaration) can loosing side opt for re-counting or re-election if the result is not in their favor?
yes
We have applied for conducting the elections of our society. Are there any additional charges per unit / per flat to be paid apart from the fees and charges mentioned in this article?
Our society has been registered in Oct 2013; however builder has done the handover in Feb 2015 and since march 2015, society affairs is being managed by a management committee appointed in GBM held for the handover by builder.
– now since builder has delayed the handover of society, what is the term of the current MC? is it one year or 5 years?
– our chairman wants to resign due to personal reasons, so is the whole committee (MC) required to resign and fresh committee to be appointed?
-what is the minimum time notice required to be given to Registrar if elections need to be conducted?
-can election be conducted if Share certificate have not been allotted and distributed to members as yet by management committee
-what is the process to conduct elections? does it have to be closed booth for all the committee members or only chairman , secretary, treasurer?
– our chairman wants to resign due to personal reasons, so is the whole committee (MC) required to resign and fresh committee to be appointed?
Our society has been registered in Oct 2013; however builder has done the handover in Feb 2015 and since march 2015, society affairs is being managed by a management committee appointed in GBM held for the handover by builder.
– now since builder has delayed the handover of society, what is the term of the current MC? is it one year or 5 years?
CAN A BONAFIDE MEMBER DEPUTE HER ONE OF THE NOMINEES TO ATTEND THE AGM AND WHAT RIGHTS HE COULD HAVE IN SUCH AGM OF SPECIAL GENERAL BODY MEETINGS. PLEASE CLARIFY
What about election of New Committee for a 26 member Housing Society under Redevelopment (Building demolished and construction is going on ) whose tenure is due to end in December 2015. Please advice over e.mail
Hi,
I am planning to invest in a house along with 2 friends. I have the following queries:
1. I will be buying 20% of the share while my other 2 friends will be buying the remaining share equally or maybe 50% and 30%, respectively. But since I will be buying the least share in the house, does it disqualify me from standing for election of that society’s Managing Committee?
2. If the Managing Committee elections are due by June 2016, what is the cut off time by when I should become a Member of the Society after we jointly buy the house?
Request your response to my queries.
Thanks.
OUR SOCIETY IS HAVING ONLY 10 MEMBERS. AS PER NEW BYE LAW 114 COMMITTE SHALL CONSIST OF 11/13/15/17/19 MEMBER OF THE SOCIETY. HOW CAN IT POSSIBLE WHEN TOTAL MEMBER IS 10 ONLY THEN STRENGTH OF COMMITTE CAN BE 11???? FUNNY LAW PLEASE COMMENT ON THIS
Even we do not understand our society has 19 members out of 20 flats and one member owned two houses. Usually 14 members attend meeting. Making a committee of 5 members some times is a great task. If 11 members society means only three on opposition. ITS FUNNY WHAT ELSE WE CAN TELL. GOVERNMENT SHOULD ADDRESS THIS PROBLEM IMMEDIATELY
1 WHAT ABOUT IF SOCIETY IS IS HAVING 10 OR LESS THEN 10 MEMBERS HOW ELECTION TO BE DONE.. IS IT COMPULSARY THAT AUTHORISED PERSON OF REGISTRAR ONLY HAS TO APPOINT NEW COMMITTEE ??? SOCIETY CANT APPOINT THEMSELVES AS SOCIETY IS SMALL.
2 WHAT IF NO MEMBER IS INTERESTED TO STAND IN ELECTION?
3 OUT OF 10 MEMBERS MAXIMUM ARE OLD AGE N UNABLE TO HANDLE POSITION
4 MEMBERS R NOT READY TO APPOINT OUTSIDER TO MANAGE SOCIETY.AS ALL R NOT READY TO BEAR EXP.OF OUTSIDER
PLEASE GUIDE…
1 WHAT IF REGISTRAR NOT CONDUCTING ELECTION ON TIME??? WHY OLD C.M SHOULD CONTINUE AS THEY ALSO WANT RETIREMENT. MANY SOCIETY’S CASE SINCE 2013 NO ELECTION DONE BY REGISTRAR EVEN AFTER INTIMATION.WHAT IS TO B DONE IN THAT CASE??
2 CAN SOCIETY APPOINT NEW C.M. IF REGISTRAR FAILS TO CONDUCT ELECTION ON TIME?
3 WHAT ACTION TO BE TAKEN AGAINST REGISTRAR BY SOCIETY IF HE FAILS TO CONDUCT ELECTION ON TIME???
If any society come to know know that election by govt authority mandatory & MC term is already over since last eight day ago.
Is it require to approach Govt Registrar office immediately? for election. Is Govt authority charged any penalty for delay in apply election procedure?
Under this circumstance, as per earlier resolution passed for various expenses? Can present Care taker committee do the xpenses.?
for Election
HI,
Would like to know, we are newly formed Housing, we have currently provisional committee to lok after the society work. just wanted to know following
1)Can Chairman of the society resigned before the AGM or his term, if yes what are the procedure for the same & post resgination formalities
2) can we do the selection of new committee before the AGM? if yes, procedure of the same.
3) We have not taken account handover from builder, if Chariman resigned whose reposnsibility it is to look after the same?
Regards
Dipak
Our society has 114 members. In our AGM in last 10 Years, Committee members are nominated in AGM by consent of all. AGM 2014 took place in Sep And some new members added by consent of all in committee. One member told us new committee can not be formed as rule changed. New committee kept Secretary / chairman same & continue work. In last AGM , 15 day back ,we had given letter to Registrar but nobody came for election & Advised to continue 2014 committee. Now OLD CHRIMAN/SECRETARY wants to get relieved Can COMMITTE get re-constitute to have new Chairman / secretary ?
In our Recently concluded AGM of the CHS one of our bonafide members was recording the proceedings for dubious reasons. She is a lady member. She was caught red handed in front of the Attendants of the AGM. We took an apology in writing from her. What further action the Society can take against her. Advise.
Kya mere sister k naam par flat hai. aur mai kaya uske badle mein election k liye khada ho sakta hu?
if soc and she hasnt been any objection by the power of attorny rule?
Hi Admin,
Our society election just took place with the new rules and a registrar being there during the voting where 8 managing committee
members were elected. Post a week the secretary, chairman and treasure was chosen does the election of the seceretary, chairman and treasurer also require the registrar to be present. 7 members have chosen the same office bearers and only 1 MC member is revolting against the office bearer.
what is the tenure of the management committee of a Cooperative Housing Society ?
Can the management of a Cooperative Housing society resign and to whom this resignation to be addressed ?
Sir,
please reply urgently to my queries send to you on 17.8.2015
Our Society appointed Returning Officer in January 2013 who declared the result on 30th March 2013 for 7 members on Managing Committee for next 5 years from April 2013.Please confirm that this is in order. Out of 7, one member now resigned. pl. confirm whether Managing committee can co-opt the member.
Current committee tenure has finished in March 2015. However no request for election is been submitted till Aug 15. How do we go forward with it?
Can cadidate provide cast certification to nominate his name for society election?
Do he need to submit Cast validity certificate dueing nomination?
Do his application will get rejected if he have cast certificate from competent govt authorty but not have cast validity certificate?
Hi Sir,
If one of the society member have 1room with his name and another 3room with his family name and he has power of attorney of all the 3room then he can vote for all 4room as he have 1room + 3room power of attorney please guide us with our opnion.
Can a Safety Gate fixed after the main door is legal or illegal if it is slightly projected one or two inches from the main door.
sir,
our secretary has started a renovation work without informing the new committee formed on 09/08/2015 by Authority, he said that was passed by old committee.
Please clarify that can he do so?
First inform as to whether Secretary is of old Committee or new committee formed.
Ask the present committee to provide you Minutes of the Managing Committee in which renovation work was passed by old committee.m9YZ. Anil-
Sir,
I m the member of new committee formed on 09/08/2015, we had only one mcm meeting for chairman/sec/tres., we had not discussed or he has not assigned any work to me, I had some general talk with secretary regarding renovation work, not verbal fight or hot discussion , but in night at 09.20 the chairman called me and talk me in a very insulting words and threaten me. I filed a FIR against him in police station but because of secretary and other committee member not taken any action against him, but i want to register the complain to registrar, Please tell me can i do this?
It is mandatory to have one committee mtg. every month. Your question is posted on 29 August,2015. What is the current sttatus?
Sir, In a C-type Society, if a nominee has failed to collect his or her Election Symbol within the verbal time schedule by the representative of the Coop Registrar, before the actual date of election, can he / she be debarred from contesting the election. Can she /he contest without any symbol? Shall be grateful for your clarification.
Sir,
If a member, having filled in the nomination, for Mg.Committee membership election, in a C-type society, fails to collect his symbol from the representative of the Registrar, during the period specified, can he/she not get the symbol much before the actual election ? Alternatively, can he contest the election without a symbol? Kindly advise.
I wanted to know if a person stands for election does the person have to stay in the society for a perticular period after which he/she can stand for the election
No such rule.
If a person does not reside in the society or he has rented or sublet his flat then he is not eligible for being elected as a member of the committee.
Anil-Advocate
Is this mentioned anywhere in the society rules as some members who are non residents want to be inducted in the committee even though residents have requested them not to…
No
Hi,
We had recent (2 months back) Management Committee elections for our housing society. One seat reserved for “OBC” is vacant.
What is the procedure to fill that seat if an eligible member want to contest or get nominated against this seat?
Thank you.
Sir,
Shall be grateful for earnest guidance on the doubts mentioned below:
Ours is a co-op Hsg Society in Pune having 200 members. All the elected members of the Managing Committee resigned due to personal reasons in September,2014 (Term was from July,2011 to July,2016).
On the advice of Legal Advisor, Administrative Committee consisting of Chairman, Secretary and Treasurer was formed/constituted in a Spl.AGM on October,2014.(Though the Secretary and Treasurer were not eligible to hold any post of office bearer in the Society i.e. one being co-opted member of the elected committee which resigned, he cannot again become member of the Adm.Committee and the other has three children, third one born after 2011. However, no one raised the objection as the members are generally not aware of all the rules.
I understand that as per rules, the term of the Administrative Committee is 6 months further extendable by 3 months. Hence, the term of our Administrative Committee expired on July 15, 2015.
No effort was made by them to conduct elections before the expiry of the date of Administrative Committee.
Now, the Adm.Committee has put a provisional list of all the members as on 31-7-2015 which even contains the names of members who are yet to complete 2 years in the society. Members with even 6 months have their name in the list.
They have also circulated the notice for conducting AGM in the second week of September. The AGM notice has a point reg. conducting of electins through an Auditor who has conducted audit of the society.
I would like to have your guidance(1) whether the Adm Committee has the powers to function beyond the expiry of their term,(2) powers to conducting AGM and (3)whether only the Returning Officer of the State Election Commission approved by the Dy.Register is to conduct elections (4)violation of rules by them etc.
Your early reply and guidance would be appreciated.
1. No
2. No
3. Yes
4. Election rules as prescribed
Learned sirs/Admin
Can a member contest election and be declared as having been elected, even if he does not attend the meeting fixed for conduct of the elections?
Please reply.
Yes, but subject to leave of absence from returning officer and subsequently signing the oath and register
Sir,
The situation is that the concerned member has been staying abroad for past about 4-5 months. On the date of election also he was abroad and is not likely to return anytime sooner. Would the reply be still the same?
(it is not clear whether the procedure as stated was carried out)
sir, our managing committee willfully resigned their own in AGM. New members also selected for Managing committee before the secretary in AGM. Our strength is 72 members. We dont want to bear expenses of election? can we skip election formalities????????
We have received election date from registrar and chairman have kept the cheque and stamp with hkm and he ia not ready to give the same to go ahead with the process. He wants to cancels this move of election. What are the other process to make payment to registrar.
Our Society has submitted the Form E-2 for conducting election to Sub-Registrar. Secretary has filed complaint to Sub-registrar against chairman & Treasurer for non-access to keys & documents & all records with Chairman & Treasurer. Now it seems that AGM has not been called by the Chairman & Treasurer. Can it will be possible to debarr Chairman & Treasurer from filing Nomination for election.
A major financial fraud was identified in our society with proof against some of the managing committee members. One of the member has also agreed in writing regarding this misappropriation of fund. During SGM, residents had put pressure on the managing committee due to which they have collectively agreed to resign. The minutes of SGM was also displayed on noticeboard. However the committee members are not leaving the society office. They have changed portfolio and office bearer to appear like a partial new committee. What are the remedies available if managing committee despite resignation have continued with their post.
Sir
Our society I-register appears to have large number of members, more than flats/units. Who is responsible to detect these fradulent members , who do not have duly stamped and and registered agreements documents? The current committee appaears to have issued share certificates to more than one person for same flat/unit in the society in order to generate votes in their favour.
Dear Sir,
If a member has two children born before 31st December 2000and later twins born after 31st December 2001. Will he be disqualified from being a committee member. If so who is the relevant authority to be approached to address this complaint.
Thanks
Can the flat owner’s spouse(not a co-owner) be the chairman or any other authority post other than just a committee member? If yes what is the procedure? Kindly advice.
In our society we have 72 flats. We elect committee for 3 years. the current committee has created lot of problems and now their 3 years terms are over. A dispute is going on with a Repair Contractor, who is claiming lakhs of Rupees as compensation. Now the current committee has called AGM with election of new MC in the agenda.
can we have election without informing Registrar? What is the procedure to Have new committee? Can we postpone the election till the above issue is resolved?
Sushil
Dear Sir,
Our housing society has 18 members, out of which 8 are on the Managing Committee. So in case of a vote on any issue, the chances of MC (being the majority), prevailing over the ordinary members are unusually high. Can you please throw more light on this? Thank you.
Dear Sir,
1) if Secretary & Chairman resigns from the Post & as a committee member, how to fill the post. we have to put vacant position on notice board & fill or existing committee member can co-opt of their wish. which is the right way. Suggest……
Can a flat owner who has sub-letted his flat on rent can contest election.He is not staying in bldg for almost 7 yrs.
I m a committee member of a chs. In a recent agm..while addresing d general body 1 of a committee member provoked to fight n threatened to physically harm me
I asked the MC to record d incident in d minutes of agm which dey r not doing..what action can i take. In d past too dey have held MCM without any agenda etc..its more of illegal happenings in various ateas..plz suggest..
I am a director of central Gove. employee co-op credi soc .I have submit the nomination for other nagri patsantha ie Pushpak co op credit soc .The election officer rejecte my form giving reason that no director contest election both even the both societies are different types what is the rule ? help me
.Ours is a Mah Coop hsg society, having 48 members and wish to conduct elections for managing committee members.
Is it mandatory to call for returning officer? if so what is the latest procedure
Sir,
Chairman of our society is a chairman of another two society also. Is it legal?
Respected sir
What Is the time period of elected / selected
committee ?
After purchasing the flat I have not registered the flat but paid all stamp duty. Can my wife become a Associate Member. Please put some light on it.
Regards
yes she can
Sir, 1.) In our Society, Election of the new managing committee was held on 09/08/2015,,under the supervision of the returning officer appointed by the Dy. Registrar, for the said election only 5 members were present out of 12 elgible members out of total 14 members, and one of the contested member is a Associate member, whose flat is stands in his wife name only, and the said returning officer declared winner of the election as uncontested.2). Secondly out Secretary runs a playgroup in his flat 3). As I said earlier even though the election of the new managing committee held on 09/08/2015, and new offcie bearers are elected on 14/08/2015, but they have put their signature on balance sheet, income and expenditure expensess account and chairman report pertaining to 01/04/2014 to 31/03/3015, what remedy do we have for above problems, please reply
Please communicate Managing committee member norms,
Can he work at Real Estate Agent in society and involved in Selling, rental properties within society for residents.
will it not be called vested interest and misuse of power ?
Can a active Real Estate Agent can become Elected Committee Member ? He will utilize the information available for his vested interest.
How can by-laws stop it for nomination and removal of such member to become committee member ?
Sir,
Please let me know whether member can apply for committee member after completion of 2 year term of being he is member. Is it true?
I am a joint member in a Delhi housing socity and my name is IInd in share certificate.
Can I contest for election of president /vise president.
if yes from where i can get circular…
yes. it is in the Act.
dear sir please advice about a coopted members rights.
my son is the first holder of my flat and second holder is my wife.
know question is that should i have a right to elect as a coopted member and work as treasurer for our society.
what if after getting permission for election from registrar(by chairman of socity) & than socty chairman & secretary wrote a letter to registrar & ask members have not paid dues ( members not informed about dues by socity),building is under redevelopment etc.registrar send Notice to SOcity & fix date for hearing asking why adminstrar should not be appoint.
meanwhile chairman,secretary gets notice for election from election officer & circulate to members .
after that inform elec.officer that we have notice ,hearing with registrar . elect.officer send election postpon notice.
60% members cleared thier dues after knowing.
90% members wants election to be taken.
what should 90% member do? we do not want admin.
I want to contest the election in coopertative bank but I have more than two children after 22 sep 2005 so im eligible to contest
Last 30th August election were held to Our Ellora Coop. Hsg society Marol Maroshi Anderi (e) Mumbai 59.Returing Officer Shri More declared the name of members elected as there was no contest.. The story start now. He agree that first committee meeting to be held in his presence. But due to Ganpati Festiwal, He say he is busy.On last Anant Chaturthi,he fail to give us format of fisrt meeting resolution and also did not turn up. After two day inform on phone to one of our member that the format is his computer system and his computer is out of order. He did not trried to get format from other soures which he could have. After seven day is on 2nd October evening he gave the fomat but did not turn up. He asked us to forward the format duly completed which we did and called him. Monday he now say that he is out of town, and will attend it coming Friday when he return. Is this way of conducting election? He is paid remuneration of 750 for doing work. Whether we are at the service of such inefficent Officer? Exstoing committee tenure was over 12 months back His Mob no.09773538870
Our Managing Committee has been formed in April,2014 without following the new procedure laid down by the Govt. Are we required to inform the Govt.Authority” now” or can continue till the term of MC Members gets over in the year 2020?
Please advice
SIR IN OUR SOCIETY ELECTION PROCEDURE IS GOING ON OUR PRESENT SECERATERY HAVING NURSING HOME IN OUR SOCIETY BUT HE DOSE NOT RESIDES IN OUR SOCIETY I WANT TO KNOW THAT CAN HE STAND FOR ELECTION & IF HE CAN BE ELECTED HE CAN HOLD ANY POST
FROM IMTIYAZ ROSHAN 9820020686
our society having 18 members as per the existing rule how many members we can elect in the managing committee. gen, sc/st woman ther are a Associate members also New member no o years
7 procedure to be adopted Election period ete.
Our Secretary has submitted the election file to Registrar. Yet the election officer has not been appointed. I have purchased flat after the secretary has submitted the file. Can my Name be added to VOTERS list now. What is the procedure to do the same, The secretary says now it can not be added as he has submitted the file to registrar. I told him that yet election officer is not appointed and neither has the election procedure begun,
Please guide me URGENTLY how to get my name added to the VOTERS list.
There is a small mistake in the table showing strength of managing committee.
Members 101-200
General 6
Reserved(Women) 2
SC/ST 1
OBC 1
VJ/NT/SBC 1
Total 13
Either Total is wrong or it should be 8 under General
Please specify.
Sir,
I am a member of a co-op hsg society with one flat. My sister who resides abroad has purchased a flat in the same society with me a joint holder to enable all administrative work in her presence and I will be made associate member,
Will I be allowed to exercise our both votes in general body meetings of the society, One for my flat and one vote for my sisters flat
yes, you have two votes
sir,
in our society the new managing commette has been elected on 028\2015. but the out going commettee did not hand over the the documents for two months and conducted a annual general meeting on 27/09/2015.so please tell me if the out going comettee has any right to call such meeting when they are not on post anymore. and they are not authorised to call such a meeting what action can bee taken.
thanks
Complain to registrar
Kindly advice whether Service Tax is applicable for engaging a Civil Contractor to construct only superstructure and boundary wall of an eight apparment building for the members of a newly formed Co-op Housing Society with only eight members.
Yes
A member having children more than 2 on or after 7-9-2001 disqualified to become a member of the committee……please explain?????
I have joined a Society as a member 18 months ago, am I permitted to contest for elections to the Managing Committee of the Co-op.Hsg. Society ?
Earlier, the minimum requirement was to have been a paying member for 2 years , then it was enhanced to 3 years.
Under the New Society Election Rules, what is my status in this regard and under what section of the rules and the link where I can obtain these rules please.
Is economically weaker section seat can be coopt in general category in bank directors election, if yes kindly confirm with section
Dear Sir/ Madam,
Kindly advise me on the following:
My name is first in the Co-operative Housing Society share certificate and my wife’s name is second.
1.When I am travelling and not available in Navi Mumbai for long duration, can my wife participate in AGM/SGM’s and any other Society meetings and vote.
2. In the above case MCS Act 1960 27(2) would apply ? Can she quote this ACT if there is any objection?
3. At present the Society has not officially adopted the New Model Bye Laws and Old Bye laws are applicable- in the Old Bye Law’s is the same 27(2) of MCS Act 1960 applicable ?
4. Are there any amendments to 27(2) of the MCS Act 1960 ?
Kindly advise on the above.
Regards
Atul
1. Yes she can as joint owner and vote on all accounts and issues.
2. The rule is not exhaustive but yes it can be applied.
3. yes
4. No.
Dear Sir/Madam,
Thanks for your advise. I may like to take your further advise later also.
Regards
Atul
Sir/Madam,
I am residing at c catogory society(101 to 200 flats),
i wish to take your guidance – if block reperesentative is selected by individual block (1to 10).
The right of selection-of Chairman, Secretory and Treasurer is going to be selected members only or all memebers will selected by conducting election.because in our society there will be most arogant people which do not have knowledge of handling society and they wish to enter in core comitte on pressuruisng peoples.
Your fast opinion is appreciable.
Heelo,
Need to know two things.
1) Can a individual conduct classes in Mahada Cluster CHS., what are the laws.. it a very small 4 to 5 students only…
2) Can an individual run a company with aroung 12-15 worker in the same Mahada cluster CHS., what the laws say.. is it legal…
if it is illegal, what type of action be taken on the owners?
Tuition is ok but company needs permission to operate.
Hello,
How many members should be there in the MAhada CHS., to form a committee..?
HI,
could you please help me on below point.
1- our general body meeting passed water timing and rule regulation,signing authority not provide that copy to members,
2- after that they can change the water time, decide by Own (sec / Tre) . That also not final through MC.
3- when i dicuss with them they said we don’t change anything after general body meeting will decide that . but they are not agree to call meeting
Our society register Aug 2015 , 55 flat at 2 Wing, can we separate 2 society like wing A and wing B.
Dear Sir
I have taken a flat in Hiranandani Thane but the property is locked as we are residing in Sion, we have not given the hHiranandani property on rent etc.
the building is new and consequently the society also is new and they decided that all members must pay rs 10,000 towards formation of society office and to buy furniture etc. a SGM was convened and they passed the law .. I was not able to attend the meeting .. I want to know what is legality of passing such a law and how can I counter them. Isn’t there something called as sinking fund to take care of such exigencies .. pls advise. also when I asked them if I can pay rs 10,000 in instalments they replied that interest at rate 21 pa will be charged!!1.
I have recd the maintenance bill and the interest has been levied at 21percent pa whereas the amount was due from October 14 onwards which I paid in jan 15. I have paid this amount under protest and I wld like to know how can you help fight this society. thanks
Hello Sir,
I belong to a Textile development co-operative society, We conducting election for choosing president for the same co-operative society.Just wanted to know what are the eligibility criteria to contest in election. In our society, our last president did a lot of malpractices. We all other members dont want him to contest in next election. And heard that cooperative minister declared some criteria/eligibility for this kind of people not to participate in election.
Kindly guide me and help us.
Thanks,
Sri
in my society my name is not appearing in the form E, and the provisional list was not put up nor any of the election details were given to the members. the previous managing committee had resigned as there was a mis appropriation of funds and no society accounts were maintained during the last 2 years and the accounts was paid his salary and the account finalisation charges. form I and form J was never maintained in my society. how can I stop this illegal election.
In our Society the MC conducted an election in Dec-12, without proper information given to the 21 Members of the Society. Form “A” consists of the name of only 12 Members. Forms “I” and “J” have never been maintained. Books of Accounts were never maintained. They appointed an Auditor for FY 2012-2013 at their MC meeting and tried to get the Audit Report passed. The MC threatened me and another Member. Once again they did the same for FY 2013-2014. we informed the Police and the MC tried to give a REVISED Audit Report for FY 2012-2013. Under pressure, they reisgned in Oct-2014. The Administrator though appointed has colluded with the Dy. Register and now trying for an ONE DAY Election procedure. The Admn. has not informed the proper procedure. Please advise.
without any accounts maintained by the society they have served me a legal notice for evection under sec 101. can I make a criminal case
Sir, after using the nelson valve ( assume this in not allowed in societies) water was trickling. A committee member ( not the secretary) came over and saw it and reported the matter to the managing committee. In the interim we had already called for a plumber to rectify same. We tried closing the valve but unable do so as it was very tight. However they still fined us Rs 500/- . Is this action justified by them ? Your reply will be most appreciated.
Dear Sir,
We have formed the society in non co-operation from the builder & till date we have selected Chairman, Secretary, Treasurar & other commiittee member due to lack of knowledge & no member were interested to spare their time to society & till date 3 time secretary & Chairman & tresurar has been changed.
Now all the commiittee members want to dissolve the commiittee, so please advise the process of dissove of the commiittee & process of selection of new commiittee.
As per our under standing
1) Current commiitte memeber should submitt resignation to all member in SPL AGM & request for nominated members name for commiittee member as well as other post.
2) Till the date of new elected commiittee who will run the society day to day activities
3) Is there any professionals availabile in the market who can guide the correct process & take care the same on chageble basis.
4) How to adopt new bye lawas
5) Is family member/relatives residing in the society of any member can be the secreaty/ Chairman / Committee members of the society? please advise the process
My cousin is secretary of CHS. Having one flat in society with partnership of his brother from last ten years. They want to sell their flat and wanted to buy another flat in same society.
In this case the membership as secretary will remain same or will be dismissed/he will consider as a new (flat holder)in society.
Please guide me if anyone have its solution…
my uncle tranfer his room on their own name. the next elction of society will be after 2 years . Can he eligible to vote at that time. how old membership may be required for to able to vote in housing society election. society type is D.
In SGM our chairman has passed a resolution to remove secretary and treasurer and a committee member and to appoint New members in committee. A letter was issued to chairman a day before for such illegal agenda but still he conducted sgm mentioning letter details of dy registrar . Is this transaction valid if the three committee members did not approach co-op court to get stay .
2.If this is challenged in co-op court can the 3 mc members use society fund for legal fees to get stay.
sir we have flat on my brother name who is in Indian army any society community says u dont have any right to say anything nor they have given any audit report since the society has formed by saying only members can get
please guide me
please clarify as to wheather a defaulter member of statecooperative housing societycan stand in election of managing commette,can he vote,can he prpose or second any member while filling nomination form.
J r postwala
What should be a minimum qualification for becoming Secretary to the Cooperative Housing Society…. can an illiterate become secretary or chairman???
Sir we have a person who has 4 children … can he become a Committee member? Can he contest election for society Committee
we donot have such type SC/ST OBC VJ/NT/SBC members
80 qwner flat ifthere is no such type SC/ST OBC VJ/NT/SBC members can elect general (three) member. our election on on 5 march 2016
In case of resignation of a committee member from the total of 13 elected members will the candidate who is placed 14th among the list of all contesting candidates be automatically eligible for membership of committee or is the selection candidates for filling up of such vacancues at the discretion of the existing committee.
Thanks
Mahesh
It will not be 14th candidate but a new selection or co-opted member eligible.
Good to see so many comments .After so many complaints not one officer acting against Mc.Now Committee selected by wrong methods are doing major work .Dy reg R/S Mumbai says nothing can be done as SGM authorised painting
Our society is new and formed in 2012. Builder has handover it in 2012 and from since internal committee members decided the chairman, secretary and treasurer. We have never been had any election, do we need to submit a application for election now? We have 325 flats in our society, please advise how and what we have to do ahead.
Sir,
I am member of my society from the beginning I am having two flats Builder gave me one agreement.After registration of society I received one share certificate also in both of them they mentioned about my two flats no.11/12.respectively I am having two water connection from the beginning.Now old secretary resigned from committee and new secretary appointed by managing committee .My one water connection from terrace they have disconnected without any reason and not informed me.I paid water charges for both line from beginning.When I asked them personnel they said as agreement for block and share certificate is one only their is only one connection can be given.When building was under construction I booked Flat and I combined two flats in to one.This building was constructed in 1977 society was registered in 1989.As this building is at Bhayander east.it is registered in Thane office.Please guide me and your contect no also.
Election was recently held in our society where 8 members from open category 2 women seats and rest 1 each of obc,sc/st seats were to be selected.14 people filed the nomination forms and were valid.1 day prior to the elections the election officer gave symbols to each candidates but out of 14,8 people decided to represent and use a same symbol and stated that they will act in group for elections.can grouping for elections be done with 1 symbol for 8 members?Nextly 1 of the members had requested 2 3 members to withdraw from election.Is it right?
Dear Sir:
Can i a managing committee member can re-elect in next time? in some societies managing committee member holding more than 2-3 times, is is possible?
Dear Sir,
It would be really kind if you could let me know if there are any amendments to the procedure of elections in “D” class society. Is the nomination, election, declaration all done on the same day ?
Regards.
our society is due for elections next month, i was a associate member as my father was the owner & member. I have become member after my fathers death last year. i was informed that i not being a member for more than 2 years period do not have voting rights. kindly clarify on this please. thanks can i vote or no.
A society member who does not stay in his society flat but in other society flat has applied for contesting election of managing committee member. Is this allowed by bye laws of co op hsg soc Maharashtra?
Good sir,
Mera ek quetion hai hai ki second name holder kya secretary ban sakta hai kya abhi proposed society hai abhi ragistor hone wali hai
Sir,
My Society has appointed a builder who has remained quite passive since 19 months. We have received a notice under 351 for demolition, however we were successful in obtaining a stay against it with the help of a structural audit report. Having said that I have two questions viz.
1. Our managing committee’s duration has expired and the Registrar isn’t coming to get over with the elections. Now since we want to carry certain repairs in the said building, can we do so by forming a committee specifically for repairs work?
2. For the said repair work, the members of society are wanting to contribute money but on the computer notion that no money from the maintenance account is to be used for it. Can we make a separate account for this?
I will deeply appreciate your quick answer.
Regards
1. Yes
2. Yes
we have registered socity of 54 flats. is there possible to fill nomination fr election of me if I am wife/ son of owner of the flat. pl answer. thx
If you all are contributing and doing the repairs of your Society’s building, then you have to take permission only from the Municipality. Appoint a structural engineer doing such repair works. Inform the progress of the repairs, with certificate of progress from the structural engineer to the Deputy Registrar of your Society.
Take complaint with District Collector, on fiorst monday of the month at 1.30pm, in his office. Write your complaint addressed to the Collector, and superscribe the complaint “Lokshahi Din Complaint” Before next month’s first monday you will get reply from your Dy. Registrar. Otherwise, make reminder complaint in next month’s Lokshahi Din, with previous month’s complaint copy and reply received, if any.
how many years one secretary and chairman can have post. I mean as per bye laws how many years they can have the post.
Thanks.
10Yrs.
Madam….Where is the rule or bylaws for 10 year no 2 terms span? Pls.guide us
Regards
As per new Bye-laws, once committee is elected, persons will remain in their posts for full term of five years. You cannot change the posts during these five years, without informing and taking approval from Registrar, for such changes in holding the posts by elected members of the Society, during five year term of the Society.
Whether an associate member can vote during elections if the actual owner of the flat is not present and whether the owner can give an authority letter for voting on that day
Whether the MC of the Society can hold charge even after their tenure is over and though the Dy.Registrar’s office was notified for elections, the notice for elections came only nearly after 7 months and whether the MC can take action in the affairs of the society during this intervening period
S 27 of MCS Act allows a jt. holder to vote but the list of voters has only the name of first holder. How can he vote? Should he carry a copy of the share certifucate with his name on it?
The first committee members are resigned , and now the committee is dissolved and not there at all. This committee have already put up the election notice for the CHS.
Question -: Whether the people from the first committee who are resigned and dissolved that committee, will be consider as eligible candidate for the new committee formation?
Can they again fill up their nominations for the new election?
Hello,
2 quick questions
1. For coop ting under OBC quota, I know OBC certificate is required, but is validity certificate of that document required required as well?
2 In case OBC seat is not filled in even after almost 1 yr has passed post election and formation of MC, you said any candidate can be nominated for that seat. Under which section of bye-laws it is stated so?
i need a clarification to the flg i am holding two flats in a hsg soc in flg pattern 1 only in my name 2 in joint name mine being first and my wife as second name .Now in the election can we both cast our votes?
Dear Sir,
I live in a cooperative housing society in Navi Mumbai.I wish to open an NGO / Trust / Foundation which will non profit organisation under applicable Laws.
Can I register such an organisation with address of my residential Flat.
What is the procedure to be adopted with regards to the Housing Society where my Flat is located.
Thanks
So long as you running an NGO do not disturb the peaceful living of the Co-op. Hsg Sty, you dont have to worry in running such NGO from your home.
if one society members bussiness in real estate he can be a prt of committee member.pl guide me.
Dear Sir.
in a federation co op housing society with 11 members, elections were held for general constituency of 4 members. ( as per elections programme declared 4 general + 2 ladies general+ 3 reserved sc/nt/obc = 11) nominations were received for 4 general category members. And hence 4 members was declared elected by the SCEA.Since no nominations received for other categoryof the members.
my question is,
what should be the quorum for the meeting for this 4 membe rmanaging committee. the by law states the quorum as 5.
As per Bye-laws, quorum of 4 member committee is simple majority of elected members.
Divide 4 by 2. Half id 2. for simple majority, add 1 to it. Therefore, for this Society, for any Managing Committee meeting, quorum is 3 members.
Society tenure are over, but still no election is being taken by society management. What to do as they are very corrupt people on society board.
Complain to Registrar
Make complaint against existing committee of the Society, with Co-operative Court, under Bye-law No. 174(B)(ii), for not conducting the election of the Society in time.
dear sir,our soc is 42 members & election officer got the election of committee of 9 members + 2 members are reserve for SC& OBC NOW WE 9 MEMBERS are elected but who is secretary chairman & treasurer election officer is not coming from long time what we do pl suggest thanks
It seems that your Society’s election has recently taken place. It is the duty of the election officer to conduct another election among the elected members, to elect post of Chairman, Secretary and Treasurer.
Therefore, now you make a complaint against election officer to your Society’s Registrar.
Hello,
How many owners need to agree in a housing society to make a new rule for the society?
Thanks,
Amit
majority
What is Rule 7 and 10 mentioned in Form E-3(1) i.e. List of Voters
Dear Sir, total how many years n terms for Chairman n Secretary or as an Managing Committee members can have post…..Regards n Thanks
I HAVE TAKEN HOUSING LOAN FROM BANK WHICH I CLEARED & TAKEN NO DUES/NO OBJECTION LETTER FROM MY BANKERS BUT NOW MY SOCIETY SECERATARY WANTS LETTER FM BANK WITH SPECIFIC LETTER FAVOURING SOCIETY
CAN HE CAN BIND US
PLEASE REPLY
JUGAL BHUTRA
09833671217
No
Society’s Secretary if asks such letter from the bank and not accepting the copy of letter given to/ you by the bank, then ask him to write a letter to the bank with copy of the letter given to you, for clearing your loan. Then bank will write a letter to the society confirming the fact, which will serve your purpose.
SIR OUR BUILDER HAS COLLECTED 1% VAT AMT ON OUR AGREEMENT VALUE TOTAL AMOUNT COMES RS 10-15 LACS BUT BUILDER HAS NO VAT NUMBER NOR HE DEPOSITED ANY AMOUNT TO SALES TAX DEPATMENT
PL LET US KNOW HOW WE CAN RECOVERED ABOVE AMOUNT FROM OUR BUILDER
ANY LEGAL ACTION CAN BE TAKEN THROUGH THE HELP OF REGISTRAR OF HOUSING SOCIETY
THANKING U
JUGAL BHUTRA
09833671217
Can a member who is not residing in the society be eligible to be on Managing Committee
Take up the complaint to VAT Office of your area, and make a complaint to Consumer Court.
You will get addresses of both the offices from District Collector’s Office of your district.
DEAR SIR,
KINDLY ADVISE ME THAT THE SECRETERY,CHAIRMAN AND OWNER HAS RENTED THERE HOUSE AND LIVE SOME WHERE ELSE BUT STILL THEY RUN THE CHS.FOR EACH AND EVERY WORK WE NEED TO CALL THEM AND THEY DONT COME FOR IT AND ALSO FOR SINGLE (NOC)WE NEED TO WAIT WEEK BECAUSE SECRETARY LIVES IN OTHER PLACE SO TRAVELLING IS DIFFICULT FOR HIM..AND ALSO PUT LIGHTS ON HOW ASSESMENT TAX IS CALCULATED.
I am a chairman of my society at Thane. Our committees tenure is expired on 31-03-2016. Now we have to form a New Committee. Can we form new committee in AGM itself
under the supervision of the returning officer appointed by the Dy. Registrar or after the AGM We can form such committee and what is the Procedure ? Pl. advise.
Our flat is in my husbands sisters name if my husband want to attend agm then when can he submt form 7 or form 8 or can she send form by regd. A.d. in societies office as she stays out of mumbai
Cna committee has right to appoint a non committee member as secretary without informing society members
A AGM is acceptable for tenants whose chairperson was illegal member
A person who is not owned a flat nor a associate member how can be a member of committee.
In our society, secretory was joint 2nd holder & she resigned in 1.5 yr… Register apponted administrator…now that secretary is not paying soc maint from 1.2 yrs.
administrator hv started election process…
now can that defaulter secretory stand for election? As she only resign herself & make society to put under administrator.
2.
if flat is on joint names, in AGM or normal society meeting who can come n speak n vote?
Defaulter member can not participate in election.
It is not like PM or CM that the entire Cabinet is deemed to have resigned if PM or CM resigns. The vacancy caused by resignation can be filled by notifying the Dy.Registrar who will hold election for the vacancy. Once elected there can be reshuffle of posts which can be decided by the Managing Committee.Under Section 73 A of the MCS Act, 1960 a member can be disqualified from contesting election and even voting
The Society has to serve written notice to defaulting member which must be at least 3 months old and Society has to hold proof of intimation
Deputy registrar has finalized our societies voter list. Though we had mentioned in the provisional voter list that one name of member has to be deleted as he is a defaulter and not paid maintainence for the last 2 years. Now we want to remove his name from the final list which has been approved by the deputy registrar please advice.
Defaulter member can vote. It is his right.
Dear Sir,
We have register the society around 200 members where is total flats are 274. Is it okay???
Secondly what is procedure and time line for society’s managing committe’s election after society register???
What is time line for society first Annual General Meeting from date of it’s registration?????
What is to be done when temperory society has done some expenditure and works without giving any information to member and accounts are not clear.. what is to be done in this case.
Can flat owner’s son / daughters can be a candidate for managing committe election by taking the Power of Attorney from his / her parent. If yes, under which rule of CHS Act???
Can he vote in election on behalf of his father OR mother. If yes, under which rules of CHS Act???
Please advice. waiting for your urgent reply.
Thanking you in advance
Dear sir,
None of our society members including Secretary, Chairman and Treasurer is staying in the society. We have to reach them if we have any problem. Can you please advise according to bye law of the society is there is any rule that a member has be in the society or not.
Mr.Deepak, The by incovinience addressed by you is of a concern but there has to be such a provision made in the Society’s Byelaws under Byelaw no.117 eniciates disqualification to be on the Committee which is not there in the printed book of Model Bye Laws-2014. It is for that society to incorporate the additional sub clause under rule 117 “Member/ associate not staying in the society premises(in order to to get aquainted with society’s day-to-day problems and to be available) in their byelaws by passing a resolution in the GBM and this adoption notified by the Registrar.
There is no such rule that the Secretary or Chairman has to stay in the society premises.
hi we are a society of 27 members do we need to go through the above process of form E 2 ,
we carry out election based on voting system which is held in the AGM each member selected is proposed by 2 members .
If there is no opposition to the members being elected is there a need to do the above form formalities.
Also can a associate member stand for MC member because the orignal member are senior citizen and are unwell and have given their son to be a associate member .
what are the charges to mke share certificate
we are not getting any response from Election Officer R word North Kandivali for election. Ours is a small society with only 18 Members we have submitted all forms they say it is not received again sent they refused to accept the envelop
Hi !!
In my society the managing committee has co opted 5 members without any. information. The committee is also not working well hence we have asked them to leave since co opting as per society act is illegal.
Kindly tell us can we go for reelection immediately or wait for the tenure of the existing committee. If we will have to wait then the society will be managed by registrar which we don’t want. We want reelection.
Kindly advise
Regards
Sumit
In a society last election was held in October-2011. When next election is due. The Managing committee has not submitted the details in form E2 to the election officer prior to the six months of their expiry of the term intentionally as they want to hold election after this years AGM i.e. 30th September 2016. What is the legal position of the election of this society.
I will answer what is stored in my memory for other you please refer byelaws.
First Form the society according to law in all respect.
Only member (1st holder) can become part of MC. No POA, authority letter can work.
Other than member no body can vote.
Have inform registrar ant election date,in case no communication from them shall we conduct election on specified date?
Our society of 17 members.how many seats available for MC?no member of reserve category except woman
If nominations received equals to MC seats available then election necessary?
Can an Associate Member whose name appears second in the share certificate but not in the purchase agreement of flat contest elections for the managing committee?
CAN A MEMBER WHO IS NOT STAYING IN THE SOCIETY BUILDING AND HAS ALREADY GIVEN HIS FLAT ON RENTALS BECOME A MEMBER OF THE NEW MANAGING COMMITTEE. IF NO – THE PLEASE GIVE ME THE RULE NO. OF THE BYE LAWS SO THAT I CAN TAKE UP THE OBJECTION WITH THE AUTHORITIES. SUCH MEMBER SAY HE WILL COME ON SUNDAY AND DO SOME WORK FOR 2 OR 3 HOURS.
If the Managing Committee of a Coop. Society commits corruption and its tenure is still not over, what can be done? Can the election be held and new Committee be formed? Please reply urgently.
Regards.
If the election is to be held in September, what is the last date on which a person should be a member to be eligible to vote? Is it 30th June or can it be later?
Thanks.
sir,
Our society’s Managing Committee term expired last year viz. on 31-5-2015.No one checked record of last election & Managing committee continued to work for day to day affairs of the society.Now current year’s AGM is to be held and while going thru record,it was noticed that current Committee’s term had expired last year only.Inform what procedure is to be followed for conducting election of new Managing Committee.what action Registrar can take for this lapse?kindly give guidance.
thanks,
harshad jadav
malad,Mumbai
ours society agm was conducted on Aug.,14 and new commitee members were appointed the same day.want to know wether it was to be done by election process or to follow after the term of new CM expires.
Dear Sir
Our Society is in Mira Raod , Thane, and the managing committee’s 5 year term is already completed two year back.They have not taken any initative for electing new Managing committee.Someone from our society intimated the Thane Co-Operative Registrar and send two notices to the managing committee for electing new managing committee.But the 7 year old managing committee neglected the notice from co operative registrar and continuing the office.They have called an AGM on 25.09.2016 for approval of income and expenditure account for the FY 2015/16.
Sir, it it legally valid for all the expenses which they have spend for the period 01.04.2015-31.03.2016 and also as of today.
I would like to know ( Managing committee ) are they authorised to violate the AGM approved budget ?
No. AGM resolution will always superior to Committee.
What is the process if the Secretary resigns? Also if a MC member resigns? How are they replaced?
In the next comittee meeting. If number of committee member is less then Extraordinary AGM must be called by remaining members.
Dear Sir,Kindly advise that the our Housing Society Secretary & Chairman not discuss in managing committee member meeting regarding AGM meeting date,Venu,Agenda & meeting time,they directly issue the AMG notice to society member is it correct procedure as per rule of co-op Housing soc. or discussion is must to committee member.
Chairman or Secretary can convene AGM. It is prudence to seek mutual consent though.
Yes it is necessary to first discuss in MC meeting & then decide the venu time & date of AGM
What is the procedutre for dissolving a elected committee by the chairman.
Or
How to expel a committee member or chhange the posts of tressurar from one committee member to other?
Seshadri
Chairman of a Hsg society having 47 members
In our CHS, in last 20 years, (1) No elections held as per ByeLaws (2) No AGMs Taken (3) No Audited accounts submitted. Present MC declared themselves as elected after a Chaotic SGB Meeting attended by Members and Non-Members alike ( without any pre-election procedure). As any action of this MC is considered as Null Ab Initiao, can this M.C. now apply to Dy.Registrar for fresh election ? WE have been advised (1) that any New MC made out of action of such Nu.Ab Initio MC is also considered NullAbInitio and (2) instead, We should Form a Provisional Committee in consultation with Dy.Registrar to carry out pre-Election procedure. Is it Correct ? What Sec. of MCS Act supports this ? Is such provisional committee empowered to add name of Proposed Associate Members on Share Certificate ( so that such members can vote ) ?
Best way to apply for an Administrator from Registrar.
Hello sir mujhe kuch khas knowledge nahi Hai property ke bareme bas aapse ye Janna Hai ki agar koi builder jiska agreement khatam ho Jaye aur use renew karna ho uska agreement agar to kya use penalty ke tour pe kuch amount pay karna Honga society ko.
What is the rule for associate member ?
Member A – is an associate member / member of the society.
Member A – is also a tenant of the society since he owns a shop.
Presently Member A as a tenant is in involved in legal issue with the society. Can Member A stand for Managing Committee elections even though he has an on-going case against the society? will that be a conflict of interest?
It seems Registrar have started earning money by making money in this manner. They need to understand this is society not a corporate. Rules and control has to be there but in simpliefied form
We have 12 Members in our Hsg. Society. Whether we should follow same procedure,which seems lengthy.
Election Fund of Rs. 2500/- to whom to pay and how?
Immmediate guidance will be very much useful to complete the
Election procedure.
I need help on election process as if there r 34 candidate means two panel (17 candidate in each panel).
Symbol given to both the panel.
now while giving a vote as a voter need to give a vote to any one panel or individual candidate.
Dear sir,
We have 142 flats & 32 shops society but now we have only 8 members in MC now mc has decided to take election for vacant post. what is the procedure for election for only vacant post.
SIR,
PLEAS GUIDE THE FOLLOWING ACTS OF MANAGING COMMITTEE ARE VALID,
1 THE AGM FOR FY 2015-16 IS TO BE HELD ON 20/11/2016. AS PER MY INFO LAST DATE WAS 30/09/2016.
2. SOCIETY APPOINTED AUDITOR M/S ABC FOR FY 2015-16 IN LAST AGM IN 2015. NOW WE HAVE AUDIT REPORT FROM M/S XYZ . WE HAVE NOT APPOINTED M/S XYX IN AGM.
3. NO TDS ON PROF FEES /SECURITY CHARGES AMOUNTING TO RS 35000/ AND RS 450000/ RESPECTIVELY FOR THE FY.
4.NO SERVICE TAX PAID EVEN THE BILL DOES NOT MENTION OF 15% ST.
5 PAYMENTS ABOVE RS 1500/ IS NOT MADE BY CROSSED CHQ ON SEVERAL OCASSION
PLEASE GUIDE.
REGARDS.
Can a associate member with name on share contest for election. What is the procedure for the same
Yes they can contest the election.
For election in society who eligible to sing the letter to DDR of ward? is chairman? or any committe member? please reply.thanks.
Can a committee member of dissolved committee,contest the election in cooperative housing society?
Dear Sir,our 160memberred regd society took election,later elected chairman,secretory resigned,in Special gen body meeting another members added and appointed as chairman and secretory,is it valid or new election is needful?—Dr.Baisane mobile-09821374286
Sir If New Elected MC of 6+2 is form in 40 members society and after 1 year if 2 Ladies member and 1 General members want to resign, what will be effect to current MC and what will happen next to fulfil back required members ? please suggest
Dear Sir,
What is the elegibility of member to contest the Housing society Election?
Dear Sir,
1)Can a provisional committee undertake any major repair work worth 80 lakhs on a Building where no OC is given by promoter
2) Can a person staying in a flat on his wife’s name be an associate member to come into managing committee and cast vote in election
We have a Federation with the strength of 12 members of representative of 5 Societies. Total 586 members of all 5 Societies. On behalf of all 5 Societies federation made all 5 Societies as a Federation member & made committee of 12 members as per the strength of Individual Societies( % wise on Flat Basis). I would like to Know in Election of Federation who having a Voting rights to cast the vote? all the 586 members or strength of Federation.As per our Bye-laws we mentioned,when Society is member then 1 Society having rights to 1 Vote.. Pl. suggest.
I am staying in a housing society and we have a managing committee elected for a tenure of 5 years. Both our secretary & Chairman want to resign now after 1 year is over. I am given to understand that if Chairman resigns then the entire Managing Committee stands resigned and we have to approach DDR for the fresh elections. Is it correct or what else is the procedure? Please let me know.
Treasurer of our society has resigned from her post and opted to be a managing committee memeber. Is this scenario, can the managing committee appoint a new treasurer from the existing committee members ? According to my knowledge, this is possible the reason being, treasurer was elected as a member first by the AGM and the managing committee has selected him as the treasurer.
would request you to clarify…
thanks
sir the person who was a chairman scretary treasurer and rulled for 14 yearscan be a member again
I wish to know in a commercial society wherein shares offices are held even by limited companies both public and private
Who from this company has a right to stand for elections and vote
Our Society Went under Election process conducted on 28th January 2018. New Committee is elected effective 28th January 2018. Our Handover Process is still ON.
Does Authorised Signatory from Old Committee have rights to sign the Documents/Cheque Post election.
Can a elected member hold a secretary post whose name doesn’t appear on share certificate ?
In our society, whole committee resigned on moral ground due to failure of fulfilling procedure for redevelopment & there was dispute between committee members so can any of them contestant again for consecutively in new election?
1) Our Coop Hsg Society is of 80 Members and the MC Elections are due in Jul 2022. Are we required to invite applications from Members to be appointed as RETURNING OFFICER.
2) If YES, Does MC has authority to appoint a RETURNING OFFICER or ONLY the Registrar can appoint the RETURNING OFFICER
What if the committee fails to deliver the Form E-2 under section 73Cb(1) to the registrar before six months prior to the expiry of term, but helds election before the expiry?
If the committee fails to deliver Form E-2 under section 73Cb(1) to the registrar before six months prior to the expiry of the term but holds elections before the expiry, it may be considered a procedural violation. However, the exact legal implications would depend on the specific provisions of the governing laws or regulations and may vary by jurisdiction.