Our society is being mismanaged (by the managing committee) and some members plan to file a complaint with the registrar, but are concerned about the administrator's appointment. Please guide us.
Kanika Das, Andheri
It is often more beneficial to resolve issues internally within the society. Administrators or authorised officers appointed by the registrar are expected to carry out their regular duties in addition to their responsibilities toward the society under their administration. Consequently, many societies have lodged complaints against administrators for not allocating sufficient time to the society's affairs.
In response to the volume of complaints received, the cooperative department has issued a circular to tackle this issue. As per this directive, the divisional joint registrar is tasked with compiling a list of eligible individuals who can serve as administrators or authorised officers. This panel should be reviewed and, if necessary, renewed annually before March 31. If the registrar deems it necessary to appoint an administrator or authorised officer for any housing society, he / she can select someone from this panel. It is hoped that this initiative will result in a reduction in the number of complaints.
A member of our society died one year ago but no one, including the nominee, has applied for membership. The nominee is staying in the same flat. How should the parking allotted to him be treated? In the absence of a will, what document is required to be submitted if the nominee is the sole heir?
Swaminathan Iyer, Chembur
A nominee does not automatically become a member of the society following the death of the original member. He will have to apply for provisional membership until the legal heirs submit any heirship document or the succession certificate or family arrangement. If the nominee is the sole heir in the absence of a will, the nominee can submit a self-declaration duly stamped and registered stating he is the sole heir of a member and he indemnifies the society for any claims subsequently made by any party or person for membership.
Parking is allotted to members of the society as per the parking policy approved by the general body. In case the nominee has not made any application for provisional membership, the society may write a letter requesting him to do so within a certain period, failing which the parking allotted to him will be cancelled in accordance with the policy.
Our society is newly formed and the members are not aware of the rules and regulations. Being a new society, we do not have funds to engage any staff to manage the society's day-to-day affairs. Please advise.
Priyan Menon, Dharavi
Your society can get membership of the local housing federation and your MC members can get trained through it. Alternatively, you may request the federation to provide a manager from the panel. The department of cooperation has entrusted the responsibility to the federation to appoint trained personnel on the panel. In case your society does not have sufficient funds to appoint an exclusive manager for your society, a manager can be appointed for more than one society collectively under the guidance of the federation. Please refer to the cooperative commissioners circular of May 4, 2024, in this regard.
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
