Hi, I have a shop in Mumbai in a new building which after quite a long period of time could manage to form the Society. However, without forming Society the Adhoc committee had been charging the maintenance and I had been paying. Subsequently the Committee members changed, bank accounts also changed without any notice or info. So stopped paying rent. After more than a year or so, the Committee members stopped to allow the usage of toilet to the shop owners. The Committee members were not available to even talk. Finally, recently when they formed the society, they are asking for the maintenance since past few years although property tax and other similar taxes were paid by the show owners themselves. Now, since Society has got registered, the members are threatening to not to issue the Share Certificates which is crucial for everyone. Is it legal to ask for past period without providing any service. Appreciate if can get right guidance to take action because I was genuinely willing to pay but never got any response from the committee members and never received any kind of service. So now I am not willing to pay for the past. Please advise. more
Never initiate action at the impotent Registrar's office. Let the other side i.e. the Managing Committee approach him. Nothing is going to happen if you do not pay up. Respond only when required to. Remember this principle. Quote from the manual published by the government: Housing Society is such type of society where the members of the society stay with their family day and night in each others’ close contact/company. This type of close contact is not found in any other type of society. Therefore it is experienced that the complaints of Housing societies arise out of human nature, behaviour, egoism, anger, greed etc. Therefore provisions made in laws, bye-laws are not sufficient to solve their problems but knowledge of human nature, behavior is necessary. While taking decisions of day to day working of the Co-operative Society, it is necessary to take decision as per co-operative law, rules and similarly provisions in the bye laws. However while applying meaning in that regard, and while doing development work on the society level, different decisions was taken in various societies and thereby complaints arise. Unquote Quote 72. FINAL AUTHORITY OF SOCIETY. Subject to the provisions in this Act and the rules, the final authority of authority every society shall vest in the general body of members in general meeting, summoned in such a manner as may be specified in the bye-laws. Unquote If there is any office which is corrupt, not necessarily only by money, it is the Registrar's, right up to the top. The Managing Committee prevails there. The MCS Act is such. The gravest of grave defaults of the Managing Committee are ignored by the Registrar. Neither the Registrar nor the Govt. wants to take any responsibility for smooth functioning of any society according to the law laid down by itself. This law is used only to harass the individual flat owner / shop owner, who does not have the resources nor the time to fight this corrupt organisation. The common pool of contributions is held by the society from which it can spend, not the member. Keep your correspondence perfect. Be assured, nothing will happen. Truth does not prevail there. This is my experience for the last decade. more
Society can charge only after it was formed. All the past payments made, the record thereof and the bank accounts balance need to be transferred to the new society formed. They can then charge you only for the interim period in which the payments were not made / collected. They have to prepare the account statements accordingly. If you have borne some expenses on behalf of the society then those can be deducted. All these things need to be discussed. If they are not ready to discuss then approach the registrar and lodge a complaint. Also send a registered letter to the society of your concerns with a cc to registrar. Always keep a written record of all the communication with the society. more
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