Co-operative Society cannot present budget in AGM SGM

Under the DCS Rules 102(3), a co-operative Society must circulate the budget to the members of the Society and residents in advance for enhancement of any of the maintenance charges. The managing committee must give reasons for enhancement or change in the maintenance charges to enable the members of the Society to thoroughly scrutinize the change required by the committee.

The DCS Rule102(3) The maintenance charges of essential services under sub-rule (1) shall be made as a part of budget provision with the approval of the general body with a view to create a corpus fund as provided under section 81 of the Act. The committee shall be competent to review and revise the charges with the approval of the general body only where reasons for change shall have to be circulated to all the members and residents in advance.

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If a committee do not circulate the budget in advance:  In case a Managing Committee do not circulate the budget along with reasoning to members of the Society, any members can make a complaint to the RCS, even if the budget has been approved by the general meeting.

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5 Comments

  • Vivek says:

    Our group housing society has increase maintenance charges form 1000 rupees to 1700 and car parking chrages first car 300, 2nd car 500 and go on. this increase is done without taking into consideration resident of the flats. The 14 member did a meeting and pass the resolution without informing any flat members. The society has recetly done through elections and have now elected memebers. Can they increase this much maintenance charges in one go. Please help we need to have a solution as most of the flat owners are not ready to pay the charges. Plus they are taking maintenance charges on quartle basis, we some one is not paying quartely then they are imposing penalaty of Rs. 300. (Can they do that). NEED Urgent help.

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  • Ram Nath Bhardwaj says:

    Can ceased MC of Co-op GH Society may call AGM where R.O. has already been appointed by RCS Delhi.

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  • Kkgupta says:

    Excellent kindly advised for preparation of budget by coopertive group housing society .as is seen the budget presented in AGM which used to held in December after expiry of 9monthd of financial year which has no meaning as the society had incurred expenses for nine months without any approval. Kindly inform any provision under act to get approval of budget

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  • SYDNEY ROY says:

    I am from PUNE,a senior citizen and retired from Defence and I am not the owner of any flat in our Hsg Soc. My daughter has two flats in our society and I reside with her. Our soc came into being in Jul 2010 solely with my efforts. and have 140 members out of 30 owners reside and 110 are outside and invested and let out and I was Manager from 2010 to Sep 2013 when 17 Defaulters complained to Registrar who appointed Administrator who managed the society from sep 2013 to 31 Mar 2015 and created a debt of 23.3 lakhs. I was co opted as an EXPERT DIRECTOR as per Bye Law of 97th amendment from Jul 2015 and now we have 10 committee members, 3 being reserved for SC/ST due to nonavailability. The Chairman in collusion with Committee passed a resolution and expelled me with out following the procedure such as raising NO CONFIDENCE MOTION and recorded I have stepped down though I have not submitted any resignation letter saying that post will be kept vacant since Federation to help them. Chairman eliminae me to run the society according; to her will and wish with spending unwanted issues such as celebration festivals. My query is that EXPERT DIRECT can be expelled this way and this resolution has any legal standing and there was no proper quorum also. Secondly the chairman inducted her brother who is owner of a flat when 10 general members were already there. if the members exceeds 10 they should conduct election and report to Election authority for their sanction which they have not done. I represented this case to Dy Registrar with other deficiencies prevailed in Soc,(under Sec 32 of MCS ACT to maintain statutory forms mentioned bye law Nos 140 & 141) after 90 days he replied that based on a back dated reply (ie one month back)given by hand to Registrar that I am not owner of any flat in society, thus rejected my representation. Chairman has been suggested by CA that do not take any action against Administrator for the debt created. hence withdrawn from that action.
    Could I know whether as a citizen not being owner of any flat file RTI application to get all information about the deficiency as per bye law and Act and initiate action against Registrar, Administrator and Society by my Daughter. or any other recourse available in India for a citizen to bring the corruption to an end. with the help of Govt authority. Is there any threat from the Registrar who may say that I am creating nuisance and does he can initiate any action action against though I have all copy of my representation CM, Min for Hsg Soc and Commissioner co op soc and secretaries. If I get your e mail id I will be able to forward all correspondence.

    Hope to get favorable reply. and thanks

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  • Rajesh Kumar Gupta says:

    Dear sir
    I am a secretary of co operative housing society in West Bengal India can you give me any suggestions regarding the defaulters in maintenance charges.
    Thank you.

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