• Powers of the Management Committee

What powers have been given to the MC (Management Committee) (for Societies in Delhi), if the members are not paying their maintenance dues.

Further what powers are available with the MC if some members are owning more than 2 cars and due to lack of space are misbehaving and erratically parking their cars (literally anywhere).
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

The Managing committee of the society has powers to initiate recovery proceedings in Civil Court against people who failed to pay their maintenance charges.

For parking violations, MC can make resolutions in general meetings of the society and can take necessary corrective and deterrent action against the violators.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1) if member is not paying maintenance society can charge interest for delayed payment upto maximum rates mentioned inbye laws adopted by your society

2) society can issue legal notice to defaulter to pay society dues

3) if he refuses take recovery proceedings against defaulter

4) society can allot car parking slots to members

5) penalise members who do not park cars in slots

6) pass resolution that not more than 2 parking slots to be allotted to member

7) not to permit third car in society

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. It would depend on the bye laws of the society.

2. If it is silent then the defaulters can be stopped from getting the common facilities and amenities.

3. However the essential services like water or electric supply can not be stopped.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) If society had made any bye laws and it has been registered with registrar than every society member has to obey that.

2) Same for car parking as well society must have made bye-law's, if they are not parking their vehicale properly than another member's can make a oral or written complaint to Secretary or President of the society.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Powers of the Management Committee have been defined and specified in the bye laws of the Society.

2. Whether the member of the Society who have not paid maintenance are eligible to be the member of its Managing Committee is another issue and that also should be specified in the Bye Laws of the Society.

3. The Management Committee will not be deprived of its any specified powers as such if it has been formed as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hello

The membership fee ordinarily cannot be refused as it is used in the welfare of the society. the bye laws of society should be read and these are some of the general guidelines.....

Rights of the residents in an apartment society:

Every apartment owner is obliged to be a member of the apartment association which is formed for the welfare of the people.

If it is a joint ownership, the first person named in the title document will be the member.

Every apartment owner will be bound by the bye-laws.

Residents of apartment are either apartment owners or tenants.

All apartment owners are termed as members of society or association and all tenants who are staying in the apartment on a rented basis are termed as associate members.

A resident has the right to attend the general assembly meeting and discuss the subjects.

A resident has the right to get a copy of the co-operative society act and the bye-law.

A resident has the right to get the list of members and managing committee.

A resident has the right to get reports such as balance sheet, profit and loss A/c, details of income and expenditure of the society.

A resident should not be discriminated between the members.

A resident should not be imposed with unlawful restrictions.

A resident has the right to get attended or addressed about his complaints and grievances.

A resident has the right to take decision on the rate of contribution regarding the maintenance fee, maintenance and repair fund and sinking fund etc.

A resident has the right to take decision about the penalty to be charged on members, violating by-laws of the society and to determine its amount.

A resident has the right to participate in all activities of the society.

A resident has the right to attend and vote at general body meeting.

A resident has the right to contest election.

A resident has the right to seek information from the society.

A resident has the right to get the minutes of meeting.

A resident has the right to inspect documents, books and records with prior notice to the management committee.

A resident has the right to the occupation of flats.

A resident has the right to complain at the registrar in case of an improper functioning of a society.

A resident has the right to acquire the share certificate.

A resident has the right to know about the affairs of the society.

A resident has the right to transfer/inherit the property.

A resident has the right to undivided interest of the common areas.

A resident has the right to use the common area as needed.

rights of the residents Duties of the residents:

A resident has to follow the regulations created in the general body meeting or managing committee meeting.

A resident has to provide the necessary information and documents to the registrar or to the society.

A resident has to follow the rules of the association and obey the bye-law.

A resident should ensure that they maintain cleanliness in the common areas.

A resident should respect their neighbours and their privacy.

A resident should maintain good relationship with their society members.

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Firslty, as per the law of societies registration act, every society is bound to make their own rules and regulation for the smooth working of the committee.

Secondly, there may be a situation that someone is not able to pay for some time maintenance charges then the committee may exempt them also.

Thirdly, but, if somebody is not paying without any sufficient reason then society is fee to take action as per their own action rules.

Fourhtly, committee may file a suit for permanent as well as for temporary injunction against the one whom is creating nuisance for others by parking his car her and there.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If certain members fail to pay their monthly charges, then initially it may be advisable to persuade and convince them about the requirement of paying those charges. If need be, notices can be issued to them. If the society’s bye-laws provide for charging of interest for late payment of charges, then the same may be levied. However, if certain members still fail to pay the monthly maintenance charges that are due from them, then the only option left with the society is to take legal action against them as per the law applicable in a particular state.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

The MC has the power to pass resolution and file a recovery suit against the person not paying society maintenance on behalf of the society in the civil court.

The MC can pass along with members such resolution not allowing the third car in the society, if the person behaves misbehaves FIR can be lodged.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The society has the power to maintain the society regulate the common area including the parking and to receive common area maintenance charges from the apartment owners

In case any Apartment owners is in default at the payment of common area maintenance charges the Management Committee has power to prohibit him for using the common area facilities including the garbage disposal and use of lifts any power is supplied by the Management Committee that can be disconnected please note that the Management Committee has overriding powers and no Apartment owners can stay on others money. If anyone is in default for more than 60 days in payment of CAM charges will not be allowed to participate in the election of Management Committee.

If any Apartment holder do not have enough parking space for himself he can only be allowed to park his vehicle as per the parking space he owned and the other vehicle cannot be parked in the society in any others parking or in common area and impose fine for any nuicence.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The powers of the MC of the society can be found in the bye laws of the society.

The MC can initiate suitable actin against the erring members as prescribed in the bye laws of the society.

You go through the bye laws to have a direct and proper understanding in this regard.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. Under the state's coop. laws, the Management Committee (MC) are the Administrative Authority and Management authority, of the Society PROVIDED they are legally elected, AFTER following due procedure of law.

2. By virtue of the above, the MC restrict parking of vehicles, by informing the local police.

3. MC has to issue notice for defaulters of outstanding dues of members and file recovery proceedings before the offices of the local coop. registrar. HOWEVER, MC will not be able to stop ANY services to the defaulter member, due to his pending dues.

Keep Smiling .... Hemant Agarwal

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Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

MC can expel the defaulting members

MC can pass a resolution prohibiting such members who park their car anywhere from doing so. The general body of the society must ratify such resolution

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

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