Common Q & A
Q: What action is to be taken on defaulter member not paying the monthly Maintenance charges as well as Building Repairs Fund ?
If the member is not paying the maintenance and other dues, you may initiate Recovery Proceeding against the member as per recovery procedure under section 101 of the M.C.S.Act 1960. A booklet called “Recovery Procedure” is available on the sale counter of the Housing Federation.
Q: Can associate member become Managing Committee member immediately after becoming the associate member ?
Co.operative Housing societies are exempted from the preview of section 27(3A) of the M.C.S.Act 1960. Therefore either a member or the associate member gets voting rights and contest the election to the Managing Committee immediately after admission to the membership of the society.
Q: Whether the society can collect share transfer fee of Rs.500/- on a members deem from the legal heir ?
The transfer of flat to the nominee / Legal heir is called transmission and not transfer and in transmission cases no share transfer fee is involved and therefore the society can collect only Rs.100/- towards admission fee from the Legal heir.
Q: Can our society open an account with a Public Sector Scheduled Bank which is situated at 2 minutes walking distance from the society ?
The co-operative Housing societies are supposed to invest their funds in the District Central Co-Op.Bank or State Co-operative Bank as per provision made in Section 70 of the Maharashtra Co-Op.societies Act 1960. In view of this if you want to invest your society's fund other than these two Banks, you have to take necessary permission from the concerned Deputy Registrar of your ward.
Q: A member has allowed his brother in law to occupy his flat. Can the society collect non occupancy charges from the member concerned ?
Since the brother in law is included in the definition of the family, non occupancy charges can not be levied in such cases.
Q: Can a member request the society to admit any person who is not related to him, as an associate member?
The Bye Law of the society does not specify to prohibit a person , who is not related to him to become associate member, under the circumstances the society can admit the person, who is not related to the member as an associate member.
Q: One of the flats in our society is held in two names. The person whose name stands first on the Share Certificate expired recently. Can the society transfer the flat
in the name of the person whose name stands second on the share certificate ?
If the member dies without making any nomination or will, the Legal heirs have to apply for membership, as per the provisions of Bye Law No.35 of the Bye Laws.
Q: Kindly clarify about the tenure of the co-opted members of the Managing Committee ?
The tenure of the co-opted members of the Managing Committee shall be co-terminus with the tenure of the office of the Managing Committee.
Q: Mr. ‘A’ sold his flat to his real brother Mr. ‘B’. Whether the society can charged transfer premium or not ?
The transfer premium can not be levied for transfer of the flat to a brother, as brother is included in the definition of family.
Q: A member has purchased a flat in two names and accordingly the Share Certificate is also issued to him two names. Kindly clarify whether both the persons can attend
the General Body Meetings of the society ?
The second person who is a joint member or co-owner along with the first member can attend the General Body Meetings of the society in the absence of the original member. (First named person on the Share Certificate)
Q: Whether Managing Committee is competent to approve the transfer of flats or the General Body Meetings has to approve the transfer of flats on the recommendations
of the Managing Committee ?
As per provisions made in Bye Law No.19(a) Managing Committee is competent to approve the individual transfer cases. It is not necessary to take formal approval in the A.G.M.
Q: One of our members who had purchased the flat in his single name has submitted an application for associate membership in his sons name. Can his name be added in
the Share Certificate and will it affect any income tax liabilities, stamp duty etc. ?
Since the associate member has not purchased the flat or the same is not donated to him , the question of income tax liability or payment of stamp duty does not arise.