Can a society charge interest on the repairs fund that has not been paid by a member?
Dinesh Jogani, Kandivali
Contribution to repairs and maintenance is one of the heads under which the society can collect funds from members. The society is required to make the bills or raise a demand notice on the members in respect of the charges of the society payable by members, who need to pay the bill on or before the due date. Every member is required to pay the amount in full on or before the due date. Dues have been defined in the MCS Act to mean the amount payable by a member or flat owner or occupier to the society and demanded by the society. If such payment remains unpaid for three months, the society has the prerogative to declare such a member as a defaulter. The society is entitled to levy 21 per cent or such other percentage as may be decided by the general body. (Section 154B1, Bye Laws 13(a), 65, 67. 69-71.)
Our builder has handed over the charge to a provisional committee. When should elections be conducted in the new society? Also, can a provisional committee decide on the maintenance charge?
Prasad Nair, Navi Mumbai
The first general meeting should be held within three months from the date of registering the society. At this meeting, the members should form a provisional committee until regular elections are held.
The provisional committee has the same powers and functions as that of the committee elected as per the provisions of MCS Act. The tenure of the provisional panel will be one year. If the provisional committee is not appointed, then the registering authority will nominate a committee including the chairman and secretary for a period of one year or until the elections are held. (Bye Laws 85 to 93 and 138) Our society has 30 members and 11 members on the management committee. I am told there is a new circular to appoint only five members on the managing committee.
Is our managing committee required to be reconstituted as per the new circular?
Deven Savaliya, Mulund
Recently the state government has decided to reduce the number of members to five for housing societies with 35 or fewer members. Out of the five members committee one member will be from the general category and one each from the SC/ST/, OBC, VJ, NT/SBC and women.
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
