Mcs act, rules and bylaws of co-operative housing societies
Pundalika Achyutha Bhat
(Querist) 23 July 2021
This query is : Resolved
Sir - can anyone help me to know why there is no category of Co-operative Law in the discussion forum or Ask the experts column ?.
Also if some member wants to discuss on Co-operative Laws related issues - is it Okey if that member selects Corporate Law ?.
Dr J C Vashista
(Expert) 24 July 2021
What is your problem with respect to MCS Act applicable to Maharashtra Cooperative Societies?
P. Venu
(Expert) 25 July 2021
Yes, you may post your problem and assign category of your choice/discretion.
Pundalika Achyutha Bhat
(Querist) 25 July 2021
Sir if a society member submits membership resignation letter to the society and the society fails to communicate it's decision (to the member) of either acceptance of his membership resignation or rejection of his membership resignation within aa period of 3 months from the date of receiving resignation letter - it shall be construed as "Deemed Acceptance of the membership resignation proposal".
Now I have one query as below:
(1) Do the resigned member is still liable to pay monthly maintenance bill even after acceptance of resignation proposal ?
(2) If the answer to the above query is NO - then it is Okey.
(3) But if the answer is YES - then I would like to know under which provisions of MCS Act, Rules and Bylaws of the society it is justified.
P. Venu
(Expert) 26 July 2021
What are the circumstances that led to the resignation?
Pundalika Achyutha Bhat
(Querist) 26 July 2021
Sir please go through the following:
(1) Society has included the transportation services for the benefit of some 10 % to 15 % members from amongst a total number of 416 members.
(2) Some 65 to 75 members with their families stay at the society complex and they are the one who do travel on a daily basis regularly. So why should 350 families who do not stay at the society complex and not travel on a daily basis regularly - should bear the expenses of the so called 65/75 member families ?.
(2) More than 80 % to 85 % members are investors who have never stayed at the housing society complex since 2016 (the year in which the builder had handed over the possession of flats to the members).
(3) Transport and transport services are not included in the society's Bylaws.
(4) During the AGM held in the month of February 2021 - AGM adopted a resolution to include transportation expenses in the monthly maintenance bill and passed the resolution too.
(5) However myself being a society member objected to the transport resolution proposal on the following grounds:
(a) Transport matter is not included in the society Bylaws.
(b) In view of the above point as mentioned at Sr. No. 5 (a) I have contended that the said AGM has no authority not only to discuss the transportation services matter but also to pass any resolution on the transport subject.
(c ) Despite raising the objection to the above transport resolution, the AGM went on to adopt the said transport resolution and passed it too.
(6) After that I wrote an objection letter to the society but the society did not bother to reply till this date. Also a cc of my objection letter addressed to the society was forwarded to the Asst. Registrar of co-operative societies - too remained unanswered let alone a formal receipt of acknowledgement from the Asst. Registrar's office till this date.
(7) Then to save myself from such misdeeds of the society and further financial burden in future - is deciding to resign from the society membership.
So I want to know - can I save myself from the future financial liabilities after the acceptance of my membership resignation proposal by the society ?.
Whether I am right or wrong my personal views are as below:
Any welfare proposal proposed to be moved in either AGM/SGM should be beneficial to (i) all the members equally -OR- (ii) majority of the members subject to the proposed welfare proposal is included in the society Bylaws.
P. Venu
(Expert) 26 July 2021
Resignation does not appear to be a remedy. You need to pursue legal remedies in accordance with the law.
Pundalika Achyutha Bhat
(Querist) 26 July 2021
@Mr. P. Venu thanks for your feedback reply. I will initiate legal remedies.
With regards,
Pundalika Achyutha Bhat.
