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Hello. I live in a building which has 4 flats, a flat on each floor. Ever since we purchased the fla
26-Mar-2023 (In Property Law)
Hello. I live in a building which has 4 flats, a flat on each floor. Ever since we purchased the flat there was no housing society creates as we were told the minimum number of members are 7 to create a housing society. We have a common meter in our building which accounts for water pump, lift facility, and lights in the parking, staircases and terrace of the building. The bill of the common meter has always been divided among 4 flat owners equally. In the year 2021 a flat was sold to a new owner. Since then she has been causing problems. She would always threaten to not pay her share of bill in case her unreasonable demands are not fulfilled. Eventually she stopped paying her share of bill resulting into disconnectionn of common supply of electricity. The building is left with no tap water in houses, no lift facility and no lights in the parking and staircases. I hav tried to inform local police station about this lady's mischievous attitude but they said they can't meddle in this mat
since you have a joint ownership of plot and building, it would be relevant to understand the paper work done (any MOU etc) at the time of initial occupation by four original owners. it would also be relevant to check the agreement of sale under which lady became owner. based on that, suitable action can be decided
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Adv. Amit Agashe
Pune | 200+ Answers
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What is Section 77 of the MCS Act 1960?
(1) No act done by a society, a committee, or an officer in good faith to carry out the business of a Society shall be considered invalid because of a defect later discovered in its organisation, in the constitution or the election or appointment of an Officer.
What is Section 73 of the MCS Act 1960?
Section 73: Committees, their powers and functions. (1) Every societys management is vested in a committee that has been formed in accordance with the Act, rules, and bylaws. This committee will exercise the powers and perform the duties conferred by the Act, rules, and bylaws.
What is Section 27 of the Maharashtra Cooperative Society Act?
The voting rights of members are governed by Section 27 of Act 1960. Section 27 (1) allows for one vote to be cast per member, and it must be done personally. Section 27 (5) deals with voting by firms, while Section 27 (10), provides that members are disqualified from voting if they default.
What is Section 154 B 29 of the MCS Act?
CO-OPERATIVE SOCIETY ACT 1960. The Maharashtra Co-operative Societies Act, 1960, Section 154(b), 29 provided that dues could be recovered from members in the form of arrears for land revenue. This was applicable to contain societies. The section covered the dues for Co-operative Housing Societies.
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Sheetal
all 4 owners had mutually decided to bear the expenses of building to be paid equally. That is each flat owner paid 1/4th of the total expenses.We had no memorandum of understanding though.
Sheetal
all 4 owners had mutually decided to bear the expenses of building to be paid equally. That is each flat owner paid 1/4th of the total expenses.We had no memorandum of understanding though.
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