One of the members keeps feeding stray dogs in our society, which is not acceptable to many other members. The society is also not taking any action in spite of complaints filed by other members. Please advise.
- Suresh Bhaskeran, Matunga
Your society may not be taking any action on the feeders under the Animal Birth Control Rules, 2023 notified under Section 38 of the Prevention of Cruelty to Animals Act on March 10, 2023. Rule 20 of the Act states that it shall be the responsibility of the Resident Welfare Association or Apartment Owners Association to feed the community animals in the area. It shall designate the feeding time and spots away from the children’s play area, entry and exits points, staircases or places that are likely to be frequented by children and senior citizens. Further, the feeders shall ensure that there is no littering or violation of the society guidelines. Any dispute between such caregivers and the society would be filed with the 7 member Animal Welfare Committee constituted for this purpose whose decision shall be binding on the parties. The aggrieved party can file an appeal with the State Animal Welfare Board and its decision shall be final.
Generally the complaints against the society are filed with the Registrar. Which complaints are filed with the cooperative court?
- Manisha Nathani, Kalwa
Disputes between members and/or members and society which fall under the purview of Section 91 of the Maharashtra Cooperative Societies Act shall be filed with the cooperative court. Disputes pertaining to resolutions of the managing committee and the general body, elections of the managing committee (except rejection of nominations), major and internal repairs, leakages, parking allotment of flats / plots, escalation of construction cost, unequal water supply, excess recovery of dues from the members and any other disputes fall within the jurisdiction of the cooperative court. The complaint may be filed by the present or past member, heir or representative of a deceased member, officer, committee member or liquidator of the society. However, the following disputes shall not be filed with the cooperative court: Claim by or against a society for any debt or demand due to it from or to member, refusal of member to deliver the possession to the society resumed by it for breach of condition as the assignment and claim by a member for any loss caused to it by a member whether loss admitted or not.
Our society has received a proposal to put up a hoarding for advertisement. What point should be taken into consideration before finalising the proposal?
- Pradeep Kumar Mishra, Bhandup
Maharashtra Government has issued directions for installation of advertising boards/hoarding in the building of a cooperative housing society. It provides that proposal should be approved by the general body with 70% majority consenting to pass a resolution for advertisement hoarding. Please ensure that the structure of your building is in good condition to bear the load of the hoarding. Structural audit may be conducted to evaluate the strength of the building. The agreement required to be executed with the advertising agency shall specify the period of the agreement, number of hoardings, total charges receivable per month/year, any increase in the charges annually, permission of the local authorities, interest-free deposits, exit clause with sufficient notice for termination of agreement, etc. Further, the agency shall be responsible to compensate for any damage to the slab, column, plaster, roof, wall leakage or any construction damage while constructing or removing the hoarding. In case any member suffered any loss due the installation of such hoarding the society shall make good the same by recovering from the agency. The agency’s representatives shall be given access to maintain, service and repair the hoarding. At the time of termination, the agency shall reinstate the building premises in its original state. Further BMC has also issued a circular dated December 2, 2022 specifying the guidelines for advertising on the compound wall of residential premises. The agency shall be responsible to obtain all necessary permissions for installation of such hoardings in residential premises.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
The questions, in brief, may be sent to firstname.lastname@example.org
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