Query regarding cooperative housing society
parasharmanjrekar@gmail.com
(Querist) 14 August 2011
This query is : Resolved
Hello Sir,
I am a resident of a co-operative housing society and i pay all my dues ontiem and always up to date. There are many people in my scoiety who are defaulters and have 8000- 40000Rs pending to society in terms of taxes and maintenance charges.And when there is general body meeting these people attend meeting and make all decisions and cast their votes and give complaints and does all their maintenance work from society.
I just want to know do these people have any right to attend the society meetings and make decisions or cast their votes or compalin about any problems when their are themselves defaulters. Is there any housing society law according to which they are prevented from these things. And can in residential building people can start school tutions as i have heard commerical tutions one cannot continue in residential society?
Awaiting reply
Thanks.
ajay sethi
(Expert) 14 August 2011
1)if a member has not been paying his dues regularly he is a defaulter .
2) society can take action against him . society can charge him interest at 21%for outstanding dues .
3) in addition after issue of notice managing committee can take recovery proceedinsg under section 101 of mharashtra cooperative societies act
4) such member cnanot be mmeber of managing committee . if they are memebrs scoiety can remove them from managing committee
parasharmanjrekar@gmail.com
(Querist) 14 August 2011
If defaulter is not commitee member then do such defaulter people have rights to participate in meetings and vote or make complains ???
M V Gupta
(Expert) 18 August 2011
Section 73FF of Maharashtra Coop Societies Act, 1960 disqualifies a defaulting member from being appointed or nominated or elected as member of any committee of the Society. Hence such memebrs are not entitled to be elected as memebrs of the MC or appointed by the MC or GB to any sub committees etc. Bye law 51 of the Model bye laws of the Housinfg Societies provides for expulsion of such memebrs and forfeiture of their shares and flat allotted to them. For recovering dues the Society can file an application before the REgistrar and initiate recovery proceedings including attachment and sale of the flat. There is however no prohibition for such memebrs attending the meetings of the GB and voting. Hope this furnishes the requisite information desired by the querist.
