Mumbai Housing and Area Development Authority, MHADA is known for providing affordable homes to families belonging to all income groups. The body runs various schemes under which flats are constructed and sold at reasonable prices through the medium of lottery.

Once again, applications for the purchase of 972 tenaments have been invited by MHADA. The registration of applicants will commence at 2 pm tomorrow, June 23 (Thursday) and end at 11:59 pm on July 24 (Friday). Interested applicants may submit Demand drafts at designated Axis Bank branches from June 24 to July 27.

To know more, click here >> https://mhada.maharashtra.gov.in/?q=mhadalottery16

To apply, visit >> https://lottery.mhada.gov.in/

While the cheapest houses available in this scheme are in Malvani, Malad with a carpet area of 16.72 square metres for Rs 8.17 lakh, the most expensive houses are located at Shailendra Nagar, Dahisar, priced at Rs 83, 86,000 and the carpet area of 78.47 square metres.

The winners of MHADA lottery 2016 will be declared on August 10. You can check the list on the MHADA website.

Some ideas to ensure you get the maintenance dues

Collecting maintenance dues is a real nightmare. Because no matter how much you try, some people just forget it every month, and some simply despise the idea of paying their dues.

Firstly, let us accept that this ain’t a utopian world where people are prompt and love to pay off their dues. But, the question is, how do you remind them to pay for the community services they avail, and what measures do you take if they refuse to loosen their wallets?

Every month, each one of us clears off payments for a list of utilities like electricity, telephone, credit card and so on. One way to remind people to pay maintenance bills is to send them sms or email alerts in advance.

If a resident fails to pay his maintenance bill surpassing the due date also, Even after reminders, you may give a written notice of 12 days extra to make the payment, and then a grace period of 3 days.

If the resident is a willful defaulter, you can pass a resolution in the committee meeting of the society and send a legal notice in consultation with an advocate. As a penalty, an interest of 12% per annum may be charged on the default amount from the due date to the payment date.

The committee may decide to withdraw facilities like tanker-water, or generator power supplied during a power-cut to penalize the defaulter and re-connection should be permitted only upon clearance of outstanding payments.   ◾

Remember, these are only ideas that can be explored by residential societies to push people for on time payment of maintenance bills and not bylaws. It is advisable to check with a legal expert before implementation of these ideas.

Nonetheless, when you set your society’s by-laws, make sure you add a clause on measures that would be taken in case a resident consistently defaults on paying the maintenance that he is liable to pay.

Society Rules

Reacting sharply to an incident in Dahisar, where the members of a co-operative housing society purportedly manhandled a family for eating meat, the legal fraternity said that there is no lawful provision that allows majority members in a housing society to enforce their food habits on others.

“A co-operative housing society cannot frame bye-laws contrary to the constitutional mandate and the provisions of the Maharashtra Co-operative Societies Act,” said Advocate Uday Warunjikar adding that there is no legal provision that empowers a society to restrain any member from eating non-vegetarian food in his flat, and hence, the action of the [Dahisar housing society] members is indefensible.

Speaking in support of the victims, Advocate Vijay Kulkarni who handles matters pertaining to housing societies said, “A society is formed for serving administrative purposes, not to regulate the eating habits of individual members.”

“The society can make laws to control activities conducted in public, or on its premises considering factors such as hygiene or cleanliness, but not inside the house unless they are illegal,” responded another lawyer, Uday Wavikar.

Managing Committee. Election / Eligibility etc.

Can a member who has already paid his dues of the society prior to the scrutiny of the nomination contest for election?

Yes, if a member paid dues of the society before the scrutiny of the nomination then that member is eligible for contesting the election.

What action can be taken against a member of the managing committee who hasn’t paid his dues of maintenance? Also, can he be expelled or disqualify?

In case a member of the managing committee is liable to pay his dues for maintenance, the right to stay as a member in the committee is withdrawn from him and with an application to the registrar, he can be expelled under section 78.

In case the Secretary of the outgoing Committee fails to convene the meeting what are the possible alternatives to it?

Subject to provisions of Bye-law No. 123(a), if the Secretary of the outgoing committee fails to issue a notice and convene the first meeting, then the Chairman of the committee or the Registering Authority can call for such meeting.

Who are the people ineligible to stand for the election of committee member?

According to provision under bye-laws No. 118, following people are not eligible for being elected as the member of the committee.
• A person who is convicted for offence of moral degeneration, then not until 6 years period lapse from the charge proved.
• If a person has defaulted in his payment of dues to the society within three months from the date of receiving notice is not eligible for election.
• In case an individual is held responsible under section 79 or 88 of the Act or held responsible for paying the enquiry cost under section 85 of the Act, he is not eligible for the election.
• If an individual has given his gala or part of it as subtenant or leased it or by other ways the possession is given to another person without a written consent from the society is ineligible for election.
• With respect to the co-member, if an individual has not submitted NOC and guarantee letter as prescribed in bye-laws of the original member he is not eligible for election.

How does the new committee take over the responsibility from the outgoing Committee?

When the new Committee is elected, the Secretary and the chairman of the outgoing Committee prepares a list of papers and property of the Society in the custody of the new chairman and secretary, in accordance to the provisions contained in Section 160 of the MCS Act, 1960.

What is the provision for distrust raised against the office bearers and the employees of the office of the Housing society?

A No confidence resolution can be passed against the Chairman, secretary, and treasurer. Also, the concerned office bearer can be expelled by passing a resolution through voting of 2/3 members. But, once a no-confidence motion is rejected then it cannot be moved for the next six months from the date of resolution.

What do you mean by Committee?

The term Committee as defined under the Bye-law No. 3(iv) of the Model Bye-laws of the Society means, an association or group formed by the members of the Society or any other directing body to which the management of the affairs of the society is entrusted.
Can a committee pass a resolution for expelling a committee member?

No committee member can be expelled by passing a resolution.

What is the remedy in case of a meeting of the society is not called by the chairman/Secretary?

As per the provision in bye-laws No. 133, if federation was informed of such meeting then it can be called by the federation.

What is the tenure of an interim committee?

One year from that date of its establishment is the tenure of the interim committee.

What are the alternate options if polling officers denies nomination of election?

An Appeal can be made before the registrar within 3 days from the date of denial of nomination under section 152 A of the Maharashtra Co. Operative Society Act. 1960.

Can there be two managing committee for two separate building of the same housing society.
Only one managing committee can exist for a single housing society.

Who can accept the resignation of the chairman?

A secretary can accept the resignation of the chairman under provisions in bye-law No. 132 (1).

What is the remedy for an old committee that negates to give charge of the office to the new committee?

If the old committee disagrees to give charge of the office to the new committee then, with an application to the registrar under section 80 of the Maharashtra co. operative societies act of 1960, can take action against the old committee.

Can a member, held responsible under section 79 or 88 or 85 contest for an election?

A member held responsible under section 79, 88 or 85 is not eligible for a re- election, appointment or incorporation for the next 5 years from the date he was expelled.

Can a defaulted committee member after paying his dues be eligible to be a committee member?

A defaulted member of the committee, after paying his dues can be eligible for a re-election to be a member again in the committee

Are decisions taken after expiration of tenure and till the formation of a new committee legal?

As per section 77 of the Maharashtra Co. Operative societies Act of 1960, the decision taken during such period as mentioned above is legal.

How is a decision taken, in case of an equal positive or negative vote on any resolution in the managing committee?

In accordance to the provision under section 27(1) of the co. operative Act, if there is a tie in the voting of a resolution than, the chairman of the society has the right to cast his additional vote.

Dose the chairman enjoy the power to cast a vote?

As provided in bye-laws no. 135, the chairman enjoys the power of casting a vote in the election.
Is the decision taken by the old committee during the period of formation of new committee a valid decision or not?

Until the court announces such decisions as invalid, they are considered valid. However the new committee holds the discretionary power to modify it.

Can an ex-committee member contest for election?

If an Ex-committee member is eligible as under bye-laws No. 118, he can contest for the election.

Under what circumstance does the co. operative Housing society incorporate the member in the managing Committee?

Due to an unforeseen event of death, or events like resignation, disqualify, dismissal of a committee member, the members are incorporated in the vacant post.

After interim committee when does the committee came into existence?

This committee came into existence as per election rules after the election of committee. As per provisions under section 73 the Maharashtra Co-operative societies Act 1960

What is the tenure of an elected committee?

The tenure of an elected committee is 5 years as in bye-laws of the co-operative housing societies.

What actions are taken if elections are not held as per the prescribed time?

In a case the elections are not held as per the prescribed time, the registrar can be appointed as an administrator.

What measures are to be taken in case an existing committee tenor resigns?

In case an existing committee resigns, an application is put forth before the general meeting for approval, after which the charge of the office is entrusted to the previous managing committee until an ad-hoc committee is appointed. However it is obligatory that the important decisions pertaining to financial and policy matter should be taken by such committee.

General body meeting – Co-operative Housing Society

What is the provision for extension of the general body meeting, in case meeting is not held before the 14th August?
The first general body meeting of the Society, shall be held within the period of 3 months of the date of the registration of the Society, but in case of an unforeseen event if the society is unable to hold the meeting, then Committee of the CHS may have to apply to the Registrar for an extension of time on or before 31st July with a copy of resolution and required court stamp fee. Registrar may grant extension if request is genuine up to 14th November i.e. for a period of three months.

What are the possible action that can be taken in case of not holding an AGM before 14th August or up to the extended period?
In case of not holding the AGM within the stipulated time, the Registrar may disqualify the members of the committee who is responsible for it, up to a period of three years.

Who issues the notice for the first General Body Meeting of the Society and how many days’ prior a notice is to be issue?
14 days’ prior to the General Body Meeting, the secretory issues a notice to all flat owners/gala owners’ participating in the registration proposal.

What proceedings to be transacted in First General Body Meeting?
Proceedings to be transacted in the First General Body Meeting are as follow:

1) To select Chairman of the Meeting.
2) Admission of new members If application for membership is received.
3) Receiving statement of accounts and report stating all transaction entered in by Chief Promoter up to 14 days before the meeting
4) To constitute provisional committee of the society for one year.

Who can call the Special General Body Meeting after making such demand?

The secretary of the Society can call for the special General Body Meeting.

What is a remedy if Chief Promoter has not called first General Body Meeting in prescribed period?

On failure to call the first General Meeting of the CHS in time the said meeting can be called by Registering Authority

Is a Co-member allowed to participate in the working of the general body meeting?

Yes, Co-member can participate in the working of the society in case of absence of original members.

What should be the minimum notice period for calling special general body meeting?

A minimum notice period of 7 days is to be given prior to calling a Special General Body Meeting.

Whether AGM is treated as invalid if the notice is not served to any members of the CHS?

Once AGM is called it cannot be treated as invalid until such order are passed by the Cooperative Court.

Who is responsible to call an Annual General Body Meeting?

As per Rule 60 of Maharashtra Co-operative Societies Rules 1961, it is the responsibility of the secretary to call an Annual General Body Meeting

What are the provisions for an incomplete proceeding of agenda in a General Body Meeting?

In case of an incomplete proceeding of an agenda in the General body meeting, the said meeting shall be continued to another suitable date but not beyond 30 days from the date of meeting as may be decided by the members present at the meeting.

List down the obligatory subject matter that needs to be discussed and worked on, in an annual general body meeting?

It is an obligation to transact business on the following subject matters in the held Annual General Body Meeting.
• To read and approve the minutes of the last years general body meeting
• Present the financial statements and other working report of the managing committee for approval.
• Need to consider the received Statutory Audit Report or the rectified statutory reports for previous cooperative year
• Declare the results of election held in the previous Annual General Meeting in that year.
• Appoint an internal Statutory Auditor and approve his remuneration.
• Proceed with the resolution for amendment as per the order from Co-operation department.
• Take decision with respects to bye-laws amendment suggested by the committee
• Take decision on major repairs with respect of structural audit, erecting tower, increasing service charges and other charges, changing of lift and such corresponding subject that needs to be executed by the society.
• Consider other important subject matters with the prior permission of the chairman.
• The Society can also present important matters, but with approval of the general body as is necessary under Co-operative law and bye-laws.

Which business proceeding cannot transacted in the Annual General Body meeting without prior notice?

Proceeding on the subject matters like expelling member of the Co-Operative Housing Society, making any amendment in the bye-laws, division or amalgamation of the co-operative housing society, etc. pertaining to important policy matter cannot be transacted in the meeting without prior intimation.

Is it obligatory for the members to follow resolution which is passed in an AGM, but is neither passed by nor set aside by Court?

For any resolutions passed in an AGM remains in force until any prohibition order is set or issued by the Housing Cooperative Court.

What are the provision available if the accounts of CHS are not finalized before 15th May?

On failure of finalising the accounts on or before 15th May, the committee may appeal to the Registrar to take the necessary steps and finalize the accounts by the authorized officer as under section 79 (2) of the Co-operative law.

What are the various subject matters that need to be discussed and conducted in the first General Body Meeting, after the registration is obligatory?

Here is a list of Agenda that needs to be looked into in the first general body meeting :-
• Elect a President
• Admission of new members
• Select a management committee for the year.
• Accept and approve expenses, within 14 day prior to the first general body meeting called by the chief Promoter
• Appoint an internal auditor to decide his fees.
• Take decision regarding taking membership of Housing Federation and other institutions.
• Give powers to a member from the Ad-hoc managing committee
• Consider other important subject matters raised by the members excluding the ones for which advance notice and permission of the chairman.

When is the Special General Body meeting called?

The Special General Body meeting can be called by the Chairman or by majority of the committee members whenever deemed to be appropriate. Similarly a special general body meeting can be called if one fifth of the members of the society provide a written demand for it.

How can the resolution passed in the Annual General Meeting be challenged?

Resolutions passed in AGM can be challenged by a filling a dispute in the Cooperative Court under section 91 of MCS Act 1960.

What is the deadline for holding an annual general body meeting of the society to be?

The annual general body meeting should be called by 14th of August. But in case of an extension to be taken due to an unforeseen event, an extension up to 14th November would be granted on approval from the registrar. In case of not having applied for an extension, the Registrar can call for an annual general body meeting by appointing authorized officer.

Can an Annual General Body Meeting be adjourned for the want of Quorum?

Yes an AGM can be adjourned for the want for quorum till the time as determined in the meeting or as mentioned in the notice on the same day, to a subsequent date, not before seven days.

What is the remedy for non-completion of accounting of the Co-operative Housing Society by 15th May?

The Committee needs to apply for an extension to the registrar for completion of accounts.

Who is responsible for ensuring that the AGM is convened within the stipulated time?

It is the responsibility of the Committee of the Housing Society under bye-rule no. 139(16) of the society.

By when should the first general body meeting be called?

The first General Meeting should be convened within a period of three months from the date of registration of Co-operative Housing Society.

How many days prior to the Annual General Body Meeting should the notice be sent?

A minimum period of 14 days prior to AGM, should the notice be given to the members.

Can the resolution passed in the Annual general body meeting or special general body meeting be modified?

Once a resolution is passed at the AGM or SGM, it cannot be cancelled or modified before six months of its passing or expiring.

Conveyance Certificates to housing societies

Soon after Devendra Fadnavis joined as the Chief Minister of Maharashtra, he had promised a stringent legislation to provide basic services to the citizen in a time-bound manner. “For efficient and transparent governance, we will provide 110 services in a timely manner”, he had told the Legislative Assembly.

In a landmark decision taken on September 19, , the Maharashtra State Government has declared that housing societies will get deemed Conveyance Certificates within 6 months of date of application. A senior bureaucrat has confirmed that the Govt. has issued an order under the Maharashtra Right to Public Services Act to make it mandatory to provide the said document within six months of application. This is a huge relief for those housing societies already knocking at the doors of co-operation department for the deemed conveyance. Under this act, if an official fails to provide the information or service within the stipulated period, he is liable to pay a penalty.

“Now, a cooperative society will be registered within 2 months, money lender’s license & renewal will also be done within 2 months of date of application”, the bureaucrat said. “An official order for the purpose has been notified on Saturday”, he added.