(Querist) 30 May 2018
This query is : Resolved
We have received a notice from sub-registrar to the society on the basis of complaint from one of the member. The notice is regarding Maintenance amount and the election in society. We received society handover from builder 2 years ago. First year we followed what builder did, the maintenance was incurred per sq ft basis. In second year, as per advisory notice from sub registrar, In AGM, we birficated the services into common service (equal for all) and the water calculated (seprate for 1BHK and 2BHK) but the amount that came was not accepted by the 1BHK owners as the difference from last year's amount and this year was high. Eventually we had to come to calculated ensuring that the budget for society is met at the sametime there is not much difference from last year and this years amount. Which was accepted by everyone except one person who approached the subregistrar and we got notice from sub registrar.
Secondly, regarding election. After builder formed committee in first year, the registrar that came in during the meeting had mentioned that after first year, it is the matter of society to decide on whether to continue with the body or hold election. In AGM, when the matter was brought members consented to continue with body and we carried on. However, as per the notice that we received it says that election has to be conducted.
Please suggest on how to proceed. I want to know in the situation where the body is expired and no election has been held what are the rights of the interim body? In case of the maintenance amount collected, what should we do?
(Expert) 31 May 2018
You agitate for elections either before cooperative court or Deputy Registrar including payment of arrears of maintenance by the flat owners and you are paying maintenance charges to interim body put by builder.. and also non conducting of elections. so that soon a Managing c0mmittee will be formed. Deputy Registrar will appoint an Administrator for a 3 year term to oversee the affairs of CHS including maintenance charges. Afterwards regular elections will be held.Don't delay. Meet Deputy Registrar immediately.
(Expert) 31 May 2018
After registration of the CHS the affairs of the Society are handled by the promoter's ad-hoc Committee for the first year at the end of which an election has to be compulsorily held to elect the Managing Committee. The property tax has to be calculated on the basis of area of individual flats and the water charges are calculated on the basis of number of water connections in each flat. For further information you may refer the CHS Bye-laws rule book.
Dr J C Vashista
(Expert) 01 June 2018
1. Disclose your identity. 2. Consult and engage a local prudent lawyer and spend few thousands of rupees for proper appreciation of facts, guidance and proceeding. 3. Seeking obligation from experts FREE OF COST may not be useful as it is based on so many presumptions, which you did not disclose.