Maintenance increase by sra Co operative hhousing society
Rahul
(Querist) 11 September 2016
This query is : Resolved
Respected sir/madam,
I am living in SRA Co operative housing society. In our AGM resolution about increase in maintenance charges are put and also pass from Rs 500 to 650 but some people are not agree to pay increase amount of Rs 150 extra so how can convince to society chairman and other person. To reduce amount.
sir please guide how to request to society chairman.to reduce in maintenance charges.
Ms.Usha Kapoor
(Expert) 12 September 2016
Dear Client,
You go by th eByel laws which are internal rules binding on all members, MUNGING COMMITTEE, AND society IF SOCIETIES bye Laws SAY YOU CAN INCREASE maintenance CHARGES WITHIN THE CONSTRAINTS OF bye Laws it is binding on all the members of the society.
a. The general body meeting has a final authority to give directions to the managing committee within the framework of the M. C. S. Act 1960, the M.C.S. Rules 1961 and the Bye Laws themselves (Bye Law No 111). These three are superior to any resolution of the general body meeting, in that order and thus the M. C. S. Act is final.
b. In discharge of its duties the managing committee must perform the functions entrusted under Bye Laws and enumerated under Bye Law No 137.
c. It is quite probable that the general body meeting decides to give a direction to the managing committee, which is different from what a Bye Law has expressly provided for. For that the Bye Law No 167 contains Sub-Sections 1, 2 and 3 laying down the procedure to be complied first. These sub-sections involve prior approval of and registration by the Registrar of the special majority resolution passed in the general body meeting specifically convened for that purpose. The resolution must be affirmed by 2/3 number of members present and voting.
cherukuri prasad
(Expert) 12 September 2016
we are living in democracy where rule of majority prevails. So, if majority accepts then minority has to follow.
Raj Kumar Makkad
(Expert) 15 September 2016
If resolution has been passed as per rules by majority then you have no other option but to follow it unless any procedural violation of the bye-laws has not been shown.
Dr J C Vashista
(Expert) 17 September 2016
Majority rules the democratic set up of the society, you will have to pay.
AGM of a society is supreme and its decision qua maintenance can not be challenged.
After all the Chairman/Secretary and other members of the Managing Committee of the Society are also paying same amount. Besides this, they are doing their best to maintain "your" society without any personal gains/benefits.
For any further query/question you may contact me, if you feel so.
Guest
(Expert) 17 September 2016
The rules laid by the AGM are sacrosanct to be complied by one and all members of the society, as become the part of the byelaws of the society. None can expect himself to get exempted from the provisions of the byelaws.
Scope of rduction of maintenance charges lie on the next AGM, if by majority vote of the members passes another resolution to reduce the charges. Otherwise, no cope.
Dr J C Vashista
(Expert) 18 September 2016
During the last 6 days the author has vanished from the scene after posting this query; leaving the experts to strech their imagination, guess, scratch their head, respond to the hypothetical query to the best of their ability and agility, employing their valuable time and efforts in the air FREE OF COST.
Guest
(Expert) 18 September 2016
Dear Dr. Vashista,
Evidently, the query can be of academic interest, not a real problem.
Rajendra K Goyal
(Expert) 21 September 2016
Agree with the advice from expert P S Dhingra.
