Expulsion of a Member in Co-Operative Housing Society
Expulsion of a Member in a Co-operative Housing Society is an extreme measure and most Societies consider it their last resort. When everything else fails to set things right, expulsion of the concerned Member is considered the only way out.
If extreme need arises for expulsion of a Member, the Law and Procedure be strictly followed as laid down in Section 35 of Maharashtra Co-operative Societies Act 1960, Rules 28, 29 of the Maharashtra Co-operative Societies Rule 1961 read with Bye-laws No.51 to 56 of Model Bye-laws.
Grounds of Expulsion of a Member:-
A Member may be expelled from the Membership of the Society, if such Member:
* The acts of the Member are detrimental to the interest or proper working of the Society
* Has persistently failed to pay the charges, dues to the Society
* Has willfully deceived the Society by giving false information,
* Has used his flat for immoral purposes or misused it for illegal purposes habitually,
* Has been in habit of committing breaches of any of the provisions of the Bye-Laws of the Society, which, in the opinion of the Committee are of serious nature,
* Has furnished false information or omitted to furnish the material information to the Registering Authority at the time of Registration of the Society.
A Society may, by Resolution passed [by a majority of not less than three-fourths] of the Members entitled to vote who are present at a General Body Meeting held for the purpose, expel a Member for acts ‘which are detrimental to the interest or proper working of the Society’. No Resolution shall be valid, unless the Member concerned is given an opportunity of representing his case to the General Body and no Resolution shall be effective unless it is approved by the Registrar.
Effect of Expulsion on Membership of the Society:-
The Member, duly expelled from Membership of the Society, shall cease to be the Member of the Society, with effect from the date on which the Resolution of expulsion from the Membership of the Society is approved by the Registrar of Co-op. Societies.
Handing Over of Flat:
The Member who has been duly expelled from the Membership of the Society, shall not be entitled to continue in occupation of his flat and he shall arrange to hand over peaceful and vacant possession of his flat to the Secretary of the Society within such period as the Managing Committee may allow. On his failure to do so, he shall be liable to be evicted from his flat.
Readmission to Membership:-
No Member of the Society, who has been expelled from the membership, shall be eligible for readmission to membership in the Society, until expiry of the period of one year from the date of his expulsion, provided that on the recommendation of the General Body of the Society, the expelled Member may be readmitted to its membership, as a special case before the expiry of the period of one year with the prior permission of the Registrar of Co-operative Societies.
Considering that the basic duty of a Cooperative Housing Society Member is to safeguard the interests of the Society and any Member whose actions are detrimental to the interests of the Society can be expelled.
The process of expulsion is a fair one, where both parties i.e. the Managing Committee and the Member likely to be affected, are given an opportunity to express their points of view. If the Managing Committee of a Cooperative Housing Society decides to expel a Member from the membership of the Society, a Resolution needs to be passed to that effect; the topic must be included in the Agenda of the next General Meeting.
The Member who is likely to be affected must be given a minimum one-month notice to remain present at the General Meeting or then make a written submission to Show-Cause why he should not be expelled. Only then can the General Body proceed to consider the Resolution for expulsion of the Member.
This Resolution, however, needs to be supported by not less than 3/4 of the Members entitled to vote and present at the General Meeting and once the Resolution is passed, it needs to be forwarded to the Registering Authority for approval.
While considering the Resolution, the Registrar examines whether the Society has complied with the necessary formalities. And then, whatever the Registrar’s decision – Approval or Refusal – is communicated to the Member and the Cooperative Housing Society.
Expulsion of the Member is the severest form of punishment and it often implies the Member’s way out from the Cooperative Housing Society for good.
Case Laws:-
V. Shreenivasan V/s. State of Maha. (2003 (3) Maha Law Journal 189)
Satishchandra V/s. Registrar of Co-op Society, Delhi (1994 (4) SCC 302)
Vijay Ramji Pawar V/s. Girna Sahakari Kharkhana (1986 Mh.L.J. 314)
Mayurdhwaji Co-operative Housing Soceity Limited (1998 6 SCC 39)
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FUNGIBLE FSI AND CESSED BUILDINGS IN MUMBAI
On account of introduction of Fungible FSI and various amendments to the Section 33 (7) of Development Control Rules, 1991 (DCR), the many growing families residing in old and dilapidated tenanted buildings falling under Cess Buildings Category in Mumbai and who are planning to go in for redevelopment will now have their houses with more Carpet Area.
The Government of Maharashtra had amended the Development Control Rules to enable the tenants to get minimum 300 sq. ft. and maximum 753.50 sq. ft. Carpet Area flats post-redevelopment. This means, a resident member invariably, is entitled to get a minimum of 300 sq. ft. the existing Carpet Area and if the existing Carpet Area occupied is more than 753 sq. ft. Carpet Area, the tenant is entitled to get maximum of 753 sq. ft. Carpet Area only.
As per the modified Development Control Rules, the tenants will also be able to get further additional area up to 35% as Fungible FSI applicable to all sizes of flats i.e. on minimum of Carpet Area of 300 sq.ft, an additional area up to 105 sq.ft aggregating a minimum of 405 sq.ft Carpet Area and an additional area up to 264 sq.ft aggregating a maximum of 1017 sq.ft Carpet Area in lieu of their tenements after redevelopment.
As declared earlier under the amended DCR Rules, each tenant of redeveloped building is also entitled to get a Corpus Fund with a minimum amount of Rs. 1 Lakh towards the anticipated increase of Maintenance and Repairs Charges for ten years.
No premium will be charged for fungible FSI on rehab area of the Flat. However, on the free sale area of the Redeveloper, the same would be available at 60% Premium for Residential, 80% for Industrial and 100% for Commercial at the Ready Recknor Rates.
The Fungible FSI can be used for making Flower-Bed, Dry Balcony, Nitch Area or Voids; else it can be used for constructing bigger habitable areas. While redeveloping the cessed buildings in Suburbs, the Fungible FSI on the FSI already consumed in the existing buildings will be available free of premium.
The Jackpot under this amendment will bring benefit to more than 16,000 families, a majority of lower middle class who live in hazardously wrecked structures mostly in Southern areas of Mumbai.
For the Redevelopment or Reconstruction of Old Cessed Buildings, the Government of Maharashtra has already approved a Floor Space Index (FSI) of 3 as against the earlier 2.5 over the existing Plot Area of the Property and for those buildings where incentives are allowed for redevelopment, if that FSI is higher than 3 as against the earlier 2.5, the higher FSI would be applicable.
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Standard Amenities from Builders in Redevelopment
List of amenities: Some Builders or Developers offer or promise list of amenities for apartment you are buying such as playground, lift, swimming pool etc. After completion of construction, buyers or investors find that Builder has not provided all amenities as per promised or agreed. Check your agreement to see the list of amenities and make sure each one is provided as per specification.
Structure: The structure would be designed as Multi Frame Structure of RRC with provisions of Earth Quake resistance features.
Elevation and Planning: Exquisitely designed elevation features may be provided along with careful and detailed planning with plenty of light and ventilation in each rooms and minimum wastage space with proper co-ordination of all rooms. The building may be provided with sand faced plaster on the external face water proofing plaster and chicken mesh should be used as required.
Entrance Lobby: The entrance lobby may be elegantly designed with Granite tile and POP false ceiling.
Doors: All the doors should be provided with Marine Flush Doors and CP frame with cover mouldings. The main door must be provided with good quality night latch, safety chain, tower blot and attractive handle. Internal doors may be provided by cylindrical mortise type locks.
Windows: All the windows of rooms and toilets should be provided with marbles frames with designed mouldings. Heavy section powered aluminum sliding windows with 5 mm tinted glass may be provided with imported bearings and fittings.
Plaster of Paris: Beautifully designed cornice has to be provided in living room. Walls of all the rooms to be finished with POP panning and grooves to be provided on top of the skirting.
Check switches and plug-points: Make sure that all the sockets, plugs, bulb holder are connected to mail supply. Also check if main fuse in the house is controlling complete current supply. If you have an inverter, ensure the supply shift to the inverter if the main switch is switched off. Check if all switches and plug-points are working. Check if the extra electrical sockets/switches you had asked for are provided as per requirement.
Electric work: All the electric wiring work must be done as per the norms of Reliance Energy using 1/18, 3/20, and 7/20 flexible wires with use of MCB and ELCB for safety of the flat owners. Latest available switches of reputed company must be provided. Extensive electric layout comprising of the following points to be provided:
Spot Lights (living room and bed room), Tube lights, Fans, A.C. (living room and bed room), Geysers, Exhaust fans, Aqua guard, Mixers, Washing machine, T.V. cable, Refrigerator and Gas pipe line (if available).
Plumbing: All the plumbing pipes, fixtures and fittings should be strictly as per IS Norms. CP plumbing fixtures (ESS ESS or JAGUAR) should be provided in all toilets with matching sanitary ware of reputed company. Plumbing points should comprise of wall mixtures, showers, taps, washing machines and aqua guard.
Flooring and Tiling: Marble or granite or granite flooring should be provided with matching skirting of 3”. Toilets should have full dado height of coloured glaze tiles of reputed company of Indian or imported make with designer borders and motifs.
Kitchen: Granite kitchen platform comprising of cooking and serving platforms may be provided with moulded facia patti and vertical sides. Stainless steel sink has to be provided.
Color: The entire flat should be painted with Synthetic enamel paint including doors and ceilings. The external walls of the buildings must be painted with good quality cement paint.
Lift: Lift of OTIS/Johnson make may be provided with all the safety features.
Terrace: The terrace should be finished with china chips and high parapet wall with corner lights and water points.
Compound wall and gates: New compound wall should be constructed with proper design and sufficient electric points. M.S. main gate should be provided for safety.
Paving: The entire compound wall should be paved with concrete and finished with heavy duty checkered tiles.
Wall Painting: Wall painting need to be checked before taking possession of home or flat from the Builder or Developer. Some Builders or Developers provide single coat wall painting in some rooms instead of double coat. Check if all walls have double coat. Exterior painting should be complete along with window and balcony grills.
Cracks on the wall: Look for cracks in the foundation, ceilings and walls, which indicate movement of the structure caused by settling, soil expansion. Check for cracks on the walls, especially between electrical sockets.
Drainage outlets: This one of important thing you need to check before taking the possession of flat or home. Clogged outlets are a menace if not done before you move in. Water collects in bathrooms, kitchen and balconies and creates a mess. Check if all Drainage outlets such as balcony, bathroom, kitchen, utility, etc. are working and not clogged.
Check for Leakages: Check for all bathroom fittings are as per specification. Check the working of taps and bathroom fittings. Ensure there is no leakage when opening or switch on taps. Make sure granite platform in kitchen is not leaking. Pour bucket of water on granite platform and observe for any leakage below it. Check hot and cold mixer. Also check for water flow from kitchen, bedrooms, and hall. Slope should be towards bathrooms or terrace. Make sure water is completely draining out and not accumulating at one place. Observe if any leakages are seen in your bathroom. These leakages can cause major headaches later.
Measure size of room: Some Builder or Developer divert from sanction planned resulting reduction in size of room and bathroom. Ensure that all rooms are provided enough space by Measure hall, kitchen, bathroom and bedroom sizes.
Safety measures: Ensure that your building is constructed according to safety rules provided by fire department and National building code. Check if your gas leak detector is working by burning a piece of paper and allowing the smoke to fill the kitchen.
Possession letter: If your building or apartment is provided with all amenities, size of rooms as per approved and you have checked all things in your apartment, it is time for taking possession of your flat or home. While taking possession of flat or home, ensure that you have receive all documents from the Builder. Possession letter, Blue print, No Objection Certificate, Development agreement, power of attorney, Commencement Certificate, Search Report of the Builder’s Advocate, Receipts of payments made to the Builder, Letter of allotment etc are some of important documents required from Builder or Developer during possession of apartment.
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