FREQUENTLY ASKED QUESTIONS |
What is the procedure to fill up the vacancies in the Managing Committee ?
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Notification from the Co-operative Department dated 17th Feb 2022 gives the details of the procedure.
In the event of the vacancy occurring n account of death, resignation, disqualification or removal of an elected committee member of a society or through such a member becoming incapable of acting, prior to the expiry of his term of office or otherwise, the committee of the society shall forthwith communicate the occurance of such a vacancy to the State
Co-operation Election Authority and District Co-operation Election Officer, and the vacancy shall be filled within one month from the date of such communication , by nomination of the eligible members out of the same class of the members in respect of which casual vacancy/ vacancies has arisen, in the meeting of the remaining members of the Committee , which shall be presided by an officer authorised by State Co-operation Election Authority.
provided that at any instance during the tenure of a committee, there shall not be nominated members of the committee exceeding one third of the total strength of the committee. |
After serving notice for recovery of the dues from a member by the Society, is there a time limit by which , the Society has to take legal action ? Like, one month, 3 months etc ?
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| The society is required to take legal action within a period of 90 days after serving of the notice for recovery |
Whether there is any notification which states that NOC of the Society for flat transfer is not required.
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| No. There is no Govt order to this effect. However, the Bye_law ( model) no 38 (d) states that "No objection Certificate of the Society is not required to transfer the shares and interest of the transferor to trnsferee . However, in case such a certificate is required by the transferor or the transferee, he shall apply to the Society and committee of the Society may consider such application on merit, within one month." |
Is NOC from the Society mandatory for transfer of property by release deed or gift deed
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| NO, the concerned parties may execute release deed or execute a gift deed for transfer of shares / property in a Chs without the NOC from the Society. |
In absence of any legal heirs( no nomination) can siblings transfer the rights amongst themselves with a release deed Probate/ Succession certificate / LOA is not required ?
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| Yes. Through a family settlement document, duly registered, the siblings can transfer the rights on the property of a deceased, where the deceased has not left behind wife, children, parents. In such a case, probate ( where will has been executed by the deceased) , Succession Certificate / Letter of Administration are not required. |
Can a Non active member participate in AGM
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| As per Bye_law no 106 , only an active member has a right to vote.Means, a non active member can not attend the AGM |
How to obtain permission from BMC & Police station in Corona/Covid-19 pandemic ?
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Following letter may be sent to authority.
To,
Assistant Commissioner,
Municipal Corporation of Greater Mumbai,
_ Ward,
Address 1
Address2
Address3
Mumbai.
Dear Sir,
Sub : Permission to allow our staff member to attend duties as part of essential services
Ref: Imposition of section 144 of CrPC of 1973 by Government of Maharashtra
We are referring to the imposition of section 144 of CrPC of 1973 by the State Government of Maharashtra to contain and prevent the pandemic disease COVID-19 (Corona Virus) in the state of Maharashtra till 30th April, 2021 and may extend further in the public interest.
We wholeheartedly appreciate the efforts put by all the support functions of State Government for containment of Corona Virus in the state of Maharashtra.
We would further like to state that ours is a housing Society comprising of _ families. We the undersigned are the office bearers / Managing Committee members of the Society who are duty bound to maintain the safety, hygiene and good upkeepment of the Society and the residents living in our Society. We would also like to bring to your kind attention that we have no / limited knowledge regarding functioning of the day to day Society affairs and for which we have appointed Society123 Support Services Pvt. Ltd to look after Property Management of our Society which in turn appointed Mr. / Mrs. / Ms. ____ to take care of the day to day affairs.
The day to day affairs of the Society includes and not limited to monitoring other outsourced services like Security Services, Housekeeping Services, Fire Fighting Equipment Maintenance Agency, Lift Maintenance Agency, Electricians, Plumbers, water suppliers etc.
Mr. / Mrs./ Ms. __ appointed as ___ at our building from Society123 Support Services Pvt. Ltd. who is monitoring / coordinating the day to day functions of these services and need to co-ordinate with various vendors, Managing Committee members for smooth functioning of the Society and need to attend the Society office to ensure the safety of the residents of the Society not only physically but also from the angle of health related, hygiene related grounds and basic coordination in the hour of emergency.
We, therefore, would like to humbly request the authorities to allow above mentioned staff member to allow, travel and attend his / her duties at our society office in the best interest of the residents of the Society citing above referred potential and day to day emergency services which may lead to huge chaos if not maintained properly.
Further we would like to bring to your notice that our Society is also committed to the safety of the support staff functions and hence running the day to day affairs of the Society with minimal attendance / requirements, which please note.
Expecting the positive response from you in the interest of residents of our Society.
Thanking you,
Yours faithfully,
For XYZ Co-operative Housing Society Ltd.
Hon. Chairman / Hon. Secretary / Hon. Treasurer.
Mumbai dated 5th April, 2021 |
How to calculate the notice period of any meeting.
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| If the meeting is required to be called with 14 days clear notice, it means the intervening number of days between the date of the notice and the date of the meeting must be 14, In calculating the days, the date of the notice and the date of the meeting shall not be considered/ counted. |
What are the typical salaries by location (Mumbai/Thane) that are given to people working in the society like gardner, manager, waste management etc
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| There is no standard. Only ensure that you pay the minimum salary as fixed by the Govt. Of Maharashtra for unskilled / semi skilled/ skilled labour under the Minimum Wages Act |
We have a query in our committee that we want to replace the existing security agency with New security agency who is assuring for better quality however the price is little higher for it. Can the Managing Committee decide on the same or should it be approved by the General Body ?
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| Managing Committee can decide on the same. It is an administrative decision. |
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