Our society took possession of the building from the developer in March 2023. However, many members are complaining about leakage and defective workmanship. The developer is not responding to complaints.
Sugam Acharya, Pune
As per Section 14(3) of the RERA law 2016, your developer is duty bound to rectify any structural defect or any other defect in workmanship, quality or provision of services or any other obligations as per the agreement for sale for a period of five years from the date of handing over possession. Upon receiving any complaint your developer is required to rectify the defects within 30 days without charging any additional amount from you. As such you may request the developer to do the needful giving reference to the aforesaid provision and in case he refuses then you may individually or collectively with other members file a complaint with MahaRERA to claim compensation as contemplated in the said provision of RERA law.
A member of the managing committee in my society has not paid maintenance charges for the last six months because of which he was asked to resign from the committee. Can he contest the election to become a member of the committee at the upcoming AGM if he clears his dues?
Deepak Chauhan, Mankhurd
Section 154 B-23 of the Maharashtra Cooperative Societies Act provides that no person shall be eligible for being appointed, nominated or elected, co-opted or for being a member of the society if he / she is a defaulter. A member or flat owner or occupier will be termed as a defaulter if he / she fails to pay the dues of the society within three months from the date of service of the bill or notice or due date of payment, whichever is later. If your society has sent a notice pursuant to the expiry of the due date and three months have elapsed, then such a member can be termed as a “defaulter” if the person has not remitted the amount to the society. A defaulter is disqualified to contest election and be appointed as a member of the managing committee. Such a member may be re-appointed, re-co-opted or re-nominated as a member of the committee once the disqualification ceases to exist. If the defaulting member clears the dues before the AGM, and is otherwise qualified to contest the election, his candidature may be accepted by your society.
Can the entire managing committee resign at the same time? How will the day-to-day affairs of the society be managed?
Bharati Rathod, Dahisar
In case the entire managing committee intends to resign for whatsoever reason, the resignation shall be placed before the general body and such resignations shall be effective from the date of their acceptance by the general body. The fact of acceptance of the resignation of the entire committee by the general body shall be communicated to the registrar by the outgoing officers and the registrar may take necessary action as provided in Section 77A of the MCS Act. Registrar may constitute a committee or appoint an authorised person to discharge the functions in the interest of the Society. However, the existing committee shall continue to carry on with only routine functioning of the Society, till suc alternate arrangement is made by the registrar.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
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