Q. I wish to give my flat to my granddaughter for a temporary period of two years as she is pursuing education in Mumbai. Can the society levy non-occupancy charges to me? What are other compliances required?
Pratibha Sawant, Dadar
A. You do not need society’s permission to sublet your flat to anyone, including your relatives. You are required to intimate eight days before such subletting is done. Nonoccupancy charges cannot be levied by the society if the flat is occupied by your family. As per the bye laws, family means a group of persons that includes husband, wife, father, mother, sister, brother, son, daughter, son-in-law, brother-in-law, sister-in-law, daughter-in-law, grandson and granddaughter.
Q. Is the M-20 bond mandatory for newly elected committee members? If so, what are the implications of not executing such a bond?
VN Vijayan, Mulund
A. Section 73 (1AB) states that the managing committee will be jointly and severally responsible not only for all the decisions taken by the committee relating to the business of the society but also for the acts and omissions detrimental to the interest of the society during its term. It is further provided that every member of the managing committee is required to sign a bond within 15 days from the date of their election. Anyone who fails to execute such a bond within the prescribed time period (subsequently changed to 45 days) would be deemed to have vacated the office of the member of the committee.
M-20 bonds are required to be executed with a view to cast accountability and responsibility on the committee members. However, pursuant to the MCS (Amendments) Act, 2013, the requirement to execute a bond had been deleted vide Government Notification dated August 30, 2014. Rule 58A providing the requirement of such a bond was also deleted. Since the members are jointly and severally liable, if any member does not agree with the decision of the committee, he/she has to express dissenting opinion, which is required to be recorded in the minutes, and also communicate his/her dissenting note to the registrar within 15 days to enable him to absolve from joint and several responsibility. (Section 73(1AB) and Bye Law 137).
Q. Our society was formed three years ago but the AGM has not been held so far. Some persons have been appointed as chairman, secretary without conducting the election. We have 15 members and most of them are not interested in attending any meetings. The chairman and secretary are not aware of the compliances. In such a situation, how do we go ahead with the election and the AGM?
Kiran Joshi, Vile Parle
A. The first general meeting of a society is required to be convened within three months from the date of registration to appoint a provisional committee and to transact other business. The provisional committee shall be for a period of one year from the date of appointment or the date on which the new committee is duly elected, whichever is earlier. Any member of the society may notify the non-compliance in this regard to the registrar.
As per Section 77A, if the registrar is satisfied that the provisional committee has failed to make necessary arrangements for holding election for the constitution of the first committee, before the expiry of its term, the registrar may either suo motu or on such application received from any member by order appoint any member/s of the society to be the members of the committee.
Such committee will be of three members from the society and one or more officers authorised by the registrar who need not be the member of the society, to manage the affairs of the society until the new committee is duly constituted. Such committee shall hold the election within a period of one year. Co-operation from the members of the society is required to comply with the provisions of the MCS Act, rules and bye laws. You may also seek assistance from the district / state federation of housing societies for getting trained on MCS compliances.
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
