Power of housing co op society to sell its property
M S GHOSH
(Querist) 23 September 2015
This query is : Resolved
I am a member of a housing coop society.The executive commitee of the society by passing a resolution, transferred the ownership of a room in common area to the chairperson of the society. The deed of conveyance has also been registered. In this regard, I want to know the as follows
1. Whether this is legal
2.Whether housing coop society can dispose
of its property to members or outsiders.
3.In case it is ultra vires of law, how toproceed in this matter.
Kishor Mehta
(Expert) 24 September 2015
Sir,
If the property is in Maharashtra, it is governed by Model Bye-Laws of CHS of Maharashtra, the relevant section reads as under:
“MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY - 2014 (AS PER 97TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT) ORDINANCE 2013)
168. The society shall not let out or give on leave and license basis or permit any subletting, giving on leave and license basis any open space available under the Staircases, Terraces, Open ground, Lawns, Club house, Common Hall etc. or to any person whether the member of the society or not, for any purpose whatsoever.
(a) All open /common spaces meant for use of all members eg, staircase, steps, landing areas, parking areas, lift, corridor, and such other spaces, cannot be occupied by any member for his own use. The use of such areas shall be restricted to the cause for which these are meant. Any member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the society and concerned municipal authorities. Any member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.”
Please take recourse to legal remedy;
[i] you can make a written complaint to the Dy.Registrar of CHS of your zone,
[ii] you can also approach the State Co-Operative dept.
Good Luck,
Kishor Mehta
M S GHOSH
(Querist) 12 November 2015
The coop housing society is in KOLKATA. Please clarify legality VIS-a-vis Society rules applicable in Kolkata.
Hemant Agarwal
(Expert) 20 February 2016
1. The Society has no jurisdiction and neither it is the business to sell any common area, of the Society premises.
2. It would be a criminal offence to sell any common area of the Society.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
