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ritesh shah (employer)     08 April 2022

Validity of bills & interest

There is misallocation of prop tax & maintenance in 2 diff. societies  __

SRA rehab part  = Society-A ____

SRA Salable part = Society-B __

 

- both societies registered separately

_______

- misallocation,  prop tax goes in Society-A  & registration details are  found in Society-B, ( CHECK - sale deed it dosent show unit no.)

____

 

  • As property  tax was  not coming in Society-B, so they not aware about membership of our unit, so they assumed its part of the Society-A __
  • So,  bill was.     not raised by.    1st committee of Society-B for 14  years.__

Queries

  1. does  Resolution    required or not ? to raise the bill ?__
  2. if not, then under this circumstance     is it required to   pass resolution by Society-B.? __
  3.  Is   resolution valid   when?___
  1. If a resolution passed   where there is    only sign of chairman (me)   and three  NON MEMBERS___
  2.  When  no audits are done from  past 18+ years  __
  3.  No resolutions submitted at sra? __
  4. For its validity does  Resolutions needs to be    sent to the registrar / SRA ?___

 

  1. Then if   unsigned bills are so raised   can be    charged for interest ?   … such bills can b denied? __

 

  1. can Society pass resolutions   in AGM, for     billing the legal fees    to member on a   case to case basis?       for notice received from member or     on payment default? ___

 

  1. Without provisions in byelaws   such resolutions can be passed?

 



Learning

 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 April 2022

Your query is not clear.  Where in India is your Society?  Is it a co-operative housing society?  Are you speaking about property tax by the municipality?  If you are talking about property tax by the municipality and if your buildings are in Maharashtra, the situation is like this. The municipality bills the society for the tax. and the Society in turn bills individual members. Are you speaking about the Municipality billing the Society or the Society billing individual members? If the Municipality was sending the bills of both the Societies to Society-A, the Society-A is liable to pay the tax with respect to its building only. If Society-B was not receiving any bills they would not have paid any tax. If now due to some intervention the Municipality sends the bills to Society-B, they have to collect the amounts from its members and pay to the Municipality. Society-B should send demand notices to its members, collect the amount and pay to the Municipality. This is a legal requirement. No Managing Committee or General Body resolutions are necessary. Only the Society should expalain the matter to its members.


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