managing committee – The Metrognome

There is no excuse to not carry out regular repair works – insist that your building society carries them out.

by Dipen Tewari

The building you stay in collects monthly dues from you in lieu of maintenance charges, lift charges, parking fees, open space maintenance, amenity maintenance etc. This money collected goes into the society’s coffers, and is to be used in times of repair work and painting and plastering jobs.

However, many buildings default on carrying out these repair works. As such, they do not have the option of not conducting safety and structural audits (especially for old buildings) and getting the premises repaired every five years, since they are legally mandated to do so. Many buildings even fail to furnish receipts of the collected money, and do not even hold obligatory general body meetings to discuss the need to increase charges and other matters of common interest.

Apart from these, building society managing committees also have other important obligations:

Intervene in disputes. If a house is affected by leakage from the house above, and the second party refuses to carry out repairs and painting to provide relief to the first, the managing committee must intervene in the matter. They can call for a special meeting for members to air their grievances face to face, and ask the offending parties to rectify the situation. The committee performs an important arbitrator’s role in this way.

Stop unauthorised repairs. Some members may decide to knock off important construction elements like columns in their houses. This is the number one reason for building collapses. As such, members are required to inform the committee of the nature and extent of repair work they are about to undertake, and the committee is legally bound to object if the proposed work will endanger the overall structure.

Conduct regular repairs. As buildings age and face wear and tear, it is necessary to optimise their overall life by carrying out periodic repairs. These may be as simple as re-plastering and repainting the external walls, or as tedious as replacing crumbling water lines and sewage systems for the entire building. The building is duty-bound to conduct necessary repairs, spanning from rebuilding broken compound walls to replacing old tube lights in the premises, to getting the water tanks thoroughly cleaned at least once a year.

Initiate action against defaulters. Some members of the society regularly default on their monthly dues to the building, for various reasons. The committee is fully empowered to initiate proceedings against such errant members if they do not respond to written intimations or pay up the dues within 30 days of being informed to do so. The committee can approach the Registrar of Societies for redressal in the matter.

Maintain essential services for the building. It is the managing committee’s job to ensure that water and electricity are being provided to the society without interruption, that garbage collectors go to all the flats in the building and dispose off the trash safely, lifts are running smoothly, the swimming pools are cleaned periodically, that gardens and potted plants in the premises are being trimmed regularly, and that no stagnant water is collected in the building’s open spaces, among other duties. The committee must maintain a log book of all service staff such as the building watchman, garbage collectors, plumbers, electricians, construction and repair staff, etc.

Cannot take decisions without members’ consent. The managing committee cannot take financial and other decisions for the building premises on behalf of the members and without consulting with them via general body meetings. Similarly, the managing committee must change every year via a fair election process. Some societies levy arbitrary charges for parking, or increase maintenance charges without adequate reason or notice. Members can refuse to comply with any diktats that have not been arrived at after proper consultation with all residents.

(Pictures courtesy www.indiamart.com. Image is used for representational purpose only)

A 12-step guide to understanding the 97th Amendment to the Maharashtra Co-operative Societies Act, 1960, which was promulgated very recently.

by Krishnaraj Rao

On February 14, 2013, the Maharashtra Co-operative Societies (MCS) Act 1960 was amended vide an ordinance. The impact of this will be felt immediately by co-operative housing societies across the city and State.

This change was mandated by the 97th Constitutional Amendment, which was at various stages of process since 2006.

In the months to come, we will have to hold many meetings in the neighbourhoods of our city to ensure that people understand what the amendments in the MCS Act requires of them, what it mandates them to do, and how it empowers them.

In case you don’t know what the Amendment means to you in the context of your housing society, understand that the following norms are to be practiced from now on:

1. Empowers active members. Non-serious participants cannot participate in decision-making.

2. Power to expel dormant members or compel them to become active is given to co-operative societies.

3. No administrators can be appointed for most co-op societies. Instead, active members will function as ‘authorised officer’ or ‘interim committee.

4. Regular education and training to groom fresh leaders through Apex Co-operatives.

5. No more ignorant MC members. Managing Committee must attend regular training at least once in five years.

6. Stop washing dirty linen in co-op court. Resolve internal differences through Grievance Redressal Committee.

7. Co-op court to encourage win-win compromise, and discourage litigation. This will reduce clutter of neighbour-to-neighbour conflicts, and let co-op court focus on important cases.

8. Mandate and power to get professionals’ help for CHS management. Adopt modern methods of management, record keeping etc.

9. Strengthen audit function. It will be the duty of auditors, Registrar etc. to pinpoint responsibility for fraud and register FIRs. Also, it will be mandatory for auditor to present audit findings including irregularities in every AGM. If they don’t, auditors will be disqualified.

10. Realistic penalties for offences. Fine and prison sentences have been substantially increased.

11. Disqualification of errant MC members is now very easy, and much more long-lasting. Disqualified MC members will be debarred for contesting for five years.

12. State Election Authority to monitor elections closely. No more bullying by a small clique retaining power by token elections.

All this and much more is there to make co-operatives truly participative democracies… but we have to act, educate co-op. society members and let them know about their new rights.

Krishnaraj Rao is an activist.

(Picture courtesy timesofindia.com)