Our society building is fairly well maintained. However, the structural audit conducted by the society put the building in C1 category, which is not acceptable to some members. Can we challenge the said faulty report. If yes, where?
Naveen Shah, Andheri
C1 category in the structural audit report indicates that your building is to be evacuated and requires immediate demolition. In case you believe that the report is incorrect, you can challenge it before the Technical Advisory Committee (TAC) of the BMC. You can also approach another panel of agencies comprising of IIT-Bombay, VJTI, etc, for a second opinion and submit it within 15 days to TAC. The TAC shall give a hearing to the structural consultants in the meeting. In case the reports submitted by the contesting parties are conflicting, the TAC may direct you to approach structural consultants appointed by BMC in accordance with the circular dated January 1, 2018, issued by TAC. The TAC will consider both the reports and give its decision, which will be binding on all the parties concerned. In case any unfortunate mishap / untoward incident takes place the structural consultant giving contradictory reports suggesting the building to be repairable and habitable shall be deregistered by the BMC. Where professional negligence is proved, legal action can be initiated against the consultant concerned.
One of the office bearers of our society owns a security agency and is after us to engage its services. Is this allowed?
Lakhanpal Singh, Sion
The society cannot do that. There is conflict of interest. Bye Law 116 prohibits such transactions.
Our society has 60 members and we are considering redevelopment of our buildings. I understand that the consent of 51% of the members is necessary to go ahead with the appointment of the developer. What is the quorum requirement for such a meeting?
Balasubramanium Aiyar, Matunga
The secretary of your society has to call a special general body within one month with the prior permission of the authorised officer and by fixing the date, time and place for the appointment of the developer. The notice and agenda of this meeting shall be duly sent to all members 14 days prior to the date of the meeting. The quorum of such a special general body meeting shall be two-thirds of the total members of your society. The business of the meeting shall be transacted only after ensuring that the authorised officer is present and after complying with the two-thirds quorum as stated above. It is necessary to take written consent of not less than members of the total members of the society present (minimum two-thirds members) in the meeting for the appointment of the developer. No written / oral or any other type of approval, opinion, remarks of any member absent in the special general body meeting will be considered. It is mandatory to video shoot the proceedings of such special general meetings.
In case the two-thirds quorum is not present then the meeting is required to be postponed to next seven days and if again the quorum is not fulfilled in the postponed meeting, the meeting is called off assuming that the members are not interested. The said subject cannot be brought before the special general meeting for the next three months. You may refer to the GR dated July 4, 2019, on the subject for more information.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
