Q. Our housing society has billed legal charges for the occupancy certificate (OC) and the common club house, which were to be paid by the builder. Uneven penalties have been levied for encroachments on a few members. A survey, in fact, was conducted by an employee of their own architect rather than a BMC official. Please guide.

Hemant Sardesai, Mulund

A. The OC is the developer’s responsibility. The society should decide on the action against the developer for not complying with such statutory obligations. Your society seems to have initiated the process on its own. Hence, it’s collecting the required money from the members. These are significant matters and should be done after due deliberations at the general body meet. Service and legal charges are required to be collected equally from the members. They are not allowed to make any alterations in the approved plan without the society and the BMC’s approval. Any non-compliance will attract penal action.

The managing committee (MC) cannot discriminate between the members and have to levy the penalty in accordance with the general body decision. As per the survey, the general body may authorise the MC to appoint an agency for the exercise. However, an internal survey can be conducted by any qualified architect and does not necessarily require the intervention of a BMC official. However, such a firm/architect should be selected by the general body after inviting offers from eligible professionals.

The firm or authorised representative will compare the flat dimensions with the approved plans to identify encroachments. In case, your society has not followed this process, you may file a complaint with the registrar against the office-bearers. (Refer bylaws 65-71)

Q. The secretary of our housing society has resigned and is not willing to continue even till the fiscal’s end. The MC has not accepted the resignation. Can the secretary be relieved without the MC’s nod?

Preeti Suri, Dadar

A. The office-bearers are elected by the MC, hence their resignation has to be accepted by it. The secretary may quit by addressing a letter to the chairman. The said resignation will be effective only after its acceptance and handing over the charge to the newly-elected secretary. The MC may accept the resignation only after it is satisfied that he/she has brought up to date the work entrusted to them and produced the papers of the society in their possession. (Bylaw 131)

Q. Our society has 42 members, including me, but I am not an office-bearer. I tendered my resignation last month as I have to travel often, but the MC hasn’t accepted it, saying that the criterion will not be met if I am relieved. Can the society compel me from not doing so?

Vineet Kumar Singh

A. Kanjurmarg Cooperative societies work on the principle of cooperation and members voluntarily participate in governance. No one can compel any member to continue. A member may write a resignation letter, which will be effective from the date of its acceptance or on the expiry of a month from the date of its receipt. The society can fill up the casual vacancy by following due process. (Bylaws 130, 128)

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