Secretary Has Right To Check Repairs In CHS Member’s Flat
Legally Speaking - Property and Housing Laws | By Solicitor Gajanan Khergamker
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Following letters of repair works pending in my premises, the society’s secretary has said he will be checking my flat for need of repairs with two other managing committee members as he is empowered to do so under the law. My query is, can the secretary come inside my home to check on repairs, by law and who will have to bear the cost of the repairs?
- Vasant Gala, Mulund
According to bye-law number 157, every member of a cooperative housing society should allow the secretary of the society to examine his or her flat to check and report about repairs that need to be undertaken.
The secretary of the society can be accompanied by any other member of the committee to ascertain the amount of repairs that need to be carried out in a member’s flat. After carrying out such examinations, the secretary should make a report to the committee indicating within it the particulars of the repairs that need to be carried out by the society at its cost and those by the members at their cost. Besides the secretary of the society no other society member has the right to violate the privacy of other members by asking for an examination of his or her flat.
Once the managing committee of the society receives such a report, the committee should ascertain the cost involved in the repairs that are required to be carried out by the society as specified under bye-law number 160 (a). The committee can then issue a notice to be served to the concerned member to announce their intention to carry out such repairs. The member concerned should allow the workmen – engaged by the society directly or through its architect – access to his flat for the purpose of carrying out repairs.
If the concerned member fails to provide access to such workmen without any reasonable or convincing reasons, the secretary of the society has the authority to enter into such flats and carry out the work under the supervision of the member of the committee duly authorised by it in that behalf or the architect appointed by the society.
Very often though, there are many repairs that need to be carried out by members at their own cost. In such cases, the committee can serve a notice to the concerned members. The notice should clearly indicate the particulars of the repairs necessary to the member’s flat and call upon the member to carry out the repairs in his flat t his own cost and to the satisfaction of the architect approved by the society. The notice can also include a time period within which the concerned member should carry out these repairs.
If a member fails to comply with the notice, the secretary of the society or the architect appointed by the society has the right to enter into such a flat and cause the repairs to be made after giving due notice to the member concerned. The amount spent by the society on such repairs would then be recoverable from the member concerned.
Rules for poll disqualification
According to the law, what are the rules for poll disqualification in a cooperative housing society?
- Shaina Khan, Thane
As per the bye-law number 118, there are a number of situations during which members of a cooperating housing society can be disqualified from standing for society elections.
The instances where a member is not eligible for standing for society elections have been enumerated below:
a) He has been convicted of an offence involving moral turpitude, unless a period of six years has elapsed since his conviction;
b) He defaults the payment of dues to the society within three months from the date of service notice in writing, served either by hand delivery or by post demanding the payment of dues.
c) He has, directly or indirectly, any interest in any contract to which the co-operative society is a party except in transaction made with the co-operative society as a member in accordance with the objects of the society as stated in the bye-laws.
d) He has without previous permission of the society, in writing, sub-let his flat or a part of it or given it on leave and license or care-taker basis or has parted with its possession or in any other manner has sold his shares and interest in the society.
e) In case of an associate member, has not submitted a non-objection certificate and undertaking as prescribed under the bye-laws.
f) A member of the society can also be disqualified from standing for elections if he has more than two children.
g) He has not completed a minimum period of one year from the date of acquiring membership in the society
This weekly legal column has been generated for The Draft News, Without Prejudice and In Good Faith. To book a Legal Consultation, Call 8080441593.
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