SAHAKARSUTRA

Appointment of Auditor Section 75(2A) lays down that every society shall, (a) Appoint an auditor or auditing firm from a panel approved by the State Government in this behalf in its annual general body meeting having such minimum qualifications and experience as laid down in Section 81 of the Act, for the current financial year and (b) Shall also file in the form of return to the Registrar, the name of the auditor appointed and his written consent for auditing the accounts of the society within a period of thirty days from the date of Annual General Body Meeting. (c) It is further provided that the same auditor shall not be appointed for more than three consecutive years by the Annual General Body Meeting of the same society. (d) It is further provided that no auditor shall accept audit of more than twenty societies for audit in a financial year excluding societies having paid up share capital of less than rupees one lakh. 5. Provision regarding the Audit Se...

BMC proposes FSI increase in Greater Mumbai In the run-up to the election slated for February next year, the Shiv Sena-BJP controlled BrihanMumbai Municipal Corporation (BMC), in its new development plan for Greater Mumbai, has recommended an increase in floor space index (FSI) from the present level of 1.33 to 2 and in some cases even up to 5. The current FSI stands at 1.33 in the island city and 1 in the suburbs of Mumbai and the new development plan proposes to hike it to 2. For the construction of five star hotel and commercial development 5 FSI has been proposed from the present level of 3 to 3.5. Besides, FSI of 4 will be granted to smalls, markets and social amenities. For the buildings to be developed by the state run Maharashtra Housing and Area Development Authority the 4 FSI will be granted from the present level of 2.5 to 3. However, the civic body has maintained a status quo for the cessed buildings who will continue to get 3 FSI. For the transit camps the civic body h...

USE THE SOCIETY'S TERRACE TO HARNESS SOLAR POWER Among the string of additions in the new model bylaws for cooperative societies is Bylaw No 171, laying the guidelines to allow temporary use of the terrace or available open space of the society's building by any member for any function, generation of solar power, placement of tanks, pipelines, batteries and cabling works within societies.   Providing the much needed legitimate diversion from Bylaw No 170 that prohibited members from using common areas; under the new amended bylaws, the managing committee may allow the temporary use of the terrace or available open space of the society's building by any member on his written application for any function, subject to such restrictions and on payment of such charges to the society as the meeting of the general body of the society may decide.   The committee may, with the previous permission of the local authority if needed, allow the exhibition of advertisement ...

NEW BYELAW COULD HELP STOP VIOLATIONS, BUT CAN BE MISUSED TOO We draw your attention to bye-law no. 170(a) – a new provision that says that if any society member is found to have encroached on common areas, or used the flat for any purpose other than that for which it was allotted, “ shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.” Sir, there are High Court judgments upholding individuals’ right to peacefully carry on professions from their own premises.   Many self-employed professionals peacefully working from home e.g.  Insurance Agents, Lawyers, Architects & interior Designers, Chartered Accountants, Translators, Tuition Teachers,  etc. will be badly hurt by implementation of Bye-law no. 170(a) by their societies. . “The common property only means that it belongs commonly to all of us members and not selectively to them only, right?” he quips. ...

Redressal of complaints in Co-operative Housing Society REDRESSAL OF COMPLAINTS IN A CO-OPERATIVE HOUSING SOCIETY Whom to approach with your complaints for Redressal when you have any dispute with your co-operative housing society? Following are the authorities as prescribed under Maharashtra Co-operative Societies Bye Laws to whom you can approach for redressal of your complaints and disputes. Approach the right place with right complaint, if your complaint has merit. Do not waste time and money with irrelevant departments other than those mentioned below: XVIII. REDRESSAL OF COMPLAINTS : Maharashtra Co-operative Societies Bye Laws: 173.  Complaint application to be submitted to the society 175. (A) Complaints to be made to the Registrar (B) Complaints to be made to the Co-operative Court (C) Complaint s to be made to the Civil Court (D) Complaints to be made to the Corporation / Local Authorities (E) Complaints to be made to the Police (F) Compl...