Q. What is the requirement of fire audit for a 30-year-old housing society having 2 buildings of 3 floors each?
Prakash Shinde, Chembur
A. Fire audits are mandated only for high-rise buildings in Mumbai. There is no legal requirement to conduct fire audits for buildings below 70 meters in height under the existing law. The Maharashtra Fire Prevention and Life Safety Measures Act, 2006, applies prospectively to new constructions, as the structure of older buildings cannot be modified to comply with the fire prevention and life safety measures prescribed in the Act.
However, the Bye-laws require every society to have an emergency plan to address situations like fires. Your society can engage the services of a licensed agency to provide minimum fire safety installations, such as placing fire extinguishers in your society. The agency can also periodically inspect these installations. Some members should be trained to use fire extinguishers in case of an unfortunate fire incident. Regular fire drills can also be beneficial.
Q. Can the apartment association levy 'transfer fees’ upon transfer of apartment to the new purchaser? Can the transfer fee be refunded if the same has been collected illegally?
Pawan Kumar Singh, Malad
A. Transfer fee is specially not mentioned in the model Bye Laws of the Apartment Owners. However the apartment association can decide upon the charges that can be levied to the apartment owners by amending their Bye Laws. Transfer fee can be charged to the new member in case the apartment owners association has made a provision to that effect in its Bye Laws. Such amendment would require the approval of the 75% of the total value of all the apartments and the declaration is duly amended with the permission of the competent authority. Thus, the Bye Laws of the apartment owners association and the deed of declaration have to be amended to incorporate and changes. In case your apartment association has not followed the process before levying the transfer fee, you can write to the association to refund the amount so collected and thereafter file a complaint with the Registrar of Societies if your grievance remains unresolved.
Q. I am a newly elected member of the managing committee. Will I be held responsible for all the decisions taken by the managing committee? How can my dissent be recorded in case I do not agree with the decisions / resolutions of the committee?
Madhuri Rawat, Powai
A. The managing committee is jointly and severally responsible for all the decisions taken /resolutions passed by the committee during its term. However, if you, as a member of the committee, do not agree to any of the resolution or decision of the committee, you may express your dissenting opinion before the committee and make a request to the secretary to record your dissenting views in the minutes of the meeting. You will not be held responsible for the decision embodied in the said resolution or such acts or omissions committed by the committee in accordance with it. You will not be held responsible in case you were not present in a meeting in which the business was transacted which was not subsequently confirmed by you. You may communicate in writing your dissenting note to the DDR within 15 days from the date of resolution or from confirmation of the said resolution/decision. Please refer to Section 73 of the MCS Act.
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
