Saurabh 16 September 2021
Anusha Singh 01 October 2021
As per your query it is understood that you want to know about your rights as a member of registered housing society and about the municipal property tax.
Following are the rights of a member of housing society:
1. Right to receive a copy of model bye-laws
Every society follows either the model bye-laws (or a variation of them), a copy of which has to be made available to all members. A homeowner who likes to be involved in the errands of society is well-versed with even the fine print. But for those of us who may not have the time to read all the bye-laws, it makes sense to glance through the contents and delve deeper as and when needed.
2. Right to nominate associate and nominal members
You can nominate an associate member who holds the right, title and interest in the property individually or jointly with others, but whose name does not stand first in the share certificate. The first nomination is free while fresh nominations are charged Rs.100 for membership. For the same fee, you can also appoint a nominal member who holds to legal ownership of the property.
3. Right to occupation and possession
Once you are allotted your residence, you have the right to possess and occupy the said housing. With your written consent, an associate member or a nominal member can also occupy the residence.
4. Right to inspect records
You can rightfully inspect free of cost books, registers, documents, annual profit-loss statements, etc. to examine financial transactions of the society. This is a helpful measure in case any embezzlement or fraud is suspected.
5. Right to attend the Annual General Meeting
As an active member of the society, you are entitled to attend the AGMs, the agenda for which includes the annual budget, financial statements, audit reports and other crucial developments. Additionally, you are rightfully allowed to read the minutes of the meeting of any annual, general or special meetings of the committee in case you have not been able to attend them.
6. Right to vote
Every housing unit gets one vote in the society’s election. If you have defaulted any payments, your right to vote remains intact. You also have the right to nominate members for various roles in the governing body and second any nominations you see fit. (If you are not a defaulter, you can nominate yourself in the election.)
7. Right to transfer shares, exchange and sublet apartments/housing units
After giving a prior notice of 15 days to the managing committee, you can transfer shares and interest in the capital/property of the Society to another person. However, a transfer fee of Rs.500 applies along with the requisite paperwork. You also have the right to exchange flats with a joint application and a valid reason for doing so. You can sublet your residence or give it on lease after intimating the committee and submitting a copy of the leave and license agreement, along with a copy of the intimation report to the police station.
8. Right to resign
You can resign from membership of the society after giving three months notice to the Secretary. Once the resignation is accepted, the Society acquires your shares and interests the capital/ property of the Society and pays you the value thereof. An associate member, nominal member, subletter, etc. can resign any time by writing a letter to the Secretary.
Regarding your second question whether the municipal property tax is included in the monthly maintenance of the society the answer for this question is “NO” municipal property tax and monthly maintenance are two different aspects. In India, the municipal corporation of a particular area assesses and imposes the property tax annually or semi-annually. The tax amount is based on the area, construction, property size, building etc. The collected amount is mainly used for public services like repairing roads, construction schools, buildings, sanitation. The property for which such tax is imposed includes all tangible real estate property, his house, office building and the property he has rented to others. The monthly fee covers the cost of the upkeep of the buildings, grounds, and common areas, etc.
Hope it helps!