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manager (manager)     04 April 2012

Mumbai cooperative society

My cooperative Society in Mumbai has some 80 members..the society was formewd in Jan 2011 and the builders handed over the society to tjhe emembers in March 2011...As on date more than 50 % of the members have substantial outstanding dues.....can they vote in the election..?

As per the model byelaws only members with 2 years of enrollment can participate in the election of the managing committee...does this mean that the current provisional managing committee will have to continue for another year?

 10 Replies

Ajay David (Partner)     24 April 2012

defaulters cannot contest in the election but can certainly vote. all the non-defaulting members who are otherwise not disqualified for any other reason can contest the elections. the registrar had formed an ad-hoc committee till the time the elections are announced. since your society is a new one, all the qualified members can contest the elections and are not bound by the two year rule.

shashikant (lawyer)     08 August 2012

can cooperative society charge equal maintainance to each member of the society subject to their flat area............

Ibrahim Deshmukh (Legal Consultancy)     25 February 2013

Bombay High Court Judgment in the case of Venus Co-op. Housing Society and Anr. Vs.Dr. J.Y. Detwani & Ors in the year 2002 is crystal clear that CHS cannot charge more maintenance on the basis of bigger area of certain flat in a building.  The maintenance to all the Flats whether small or big should be equal.

Ibrahim Deshmukh
Legal Consultant

susama kohli (legal assistant)     29 March 2013


Is it compulsory for the original memeber of the society to pay the transfer charges n entrace fee if changed the name and is it compulsory to give membership form to collect the share certificate from society office under the bye-laws act

Ibrahim Deshmukh (Legal Consultancy)     12 April 2013

Hi Ms Kohli

Is it a question you are seeking an answer to or it is an answer to the originally posted query by the "manager" regarding maintenance changes or CHS based on sizes of the flats ?

 Are you asking a question or trying to reply the query ? Please clarify.

Please take it positively.

Ibrahim Deshmukh
Legal Consultant



susama kohli (legal assistant)     12 April 2013

Thanks sir,

but it is question raised by the society. and i was confused about the answer so please reply.

susama kohli (legal assistant)     12 April 2013

It is a question from my side.

Ibrahim Deshmukh (Legal Consultancy)     15 April 2013

Better if you re-post your query  i.e. put your question in a separate new post.

susama kohli (legal assistant)     15 April 2013

Thanks sir,

i wanted to know that under bye-laws 38(g) of  CHS Act  is it compulsory to pay the transfer fee and entrance fee for name changing of a company in the electricity bills and society records. 

Suhail SHahbazker (Society member)     01 July 2013

Provisional List and final List of elegible VOters should contain the names of joint members with the original members or not. 

Once election to the co-op Society is declared can MC conduct SGM and obtain approval for using SOciety's funds for certain repairs work which needs to invite tender as per rules and Act of MCS Act 1960-61 but without inviting tender gives the work baeed on two quotations. 

That too example Notice of election dislpated on 3rd of a month and last date of submission of nomination for contesting election is 10th of the same month and conduct SGM on 7th of the same month and circulate the minutes before 10th i.e. before the last date of nomination filling, this amounts to appeasement, misuse of Society's funds, and once elecion is declared code of conduct fro election is inforce. 

pease advise

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