Mumbai Housing Society Queries: 'Temporary Car Shed Requires Managing Committee's Nod,' Says Expert
Q. I wish to know if I need to take approval from the general body for a temporary car shed to be put up in the society as my car is parked in the open area of the society and I wish to protect the same during summer and rains? Avneet Kaur, Belapur A.
Parking in open areas is governed by the policy framed by the general body. If you wish to construct a temporary shed for your car, you must seek permission from the managing committee, provided your society has a parking policy approved by the general body. However, if no such policy exists or the managing committee is not authorised to approve temporary structures within the society premises, the matter must be decided by the general body.
In your application, please mention the purpose of the shed and the duration for which it will be required. Another important factor to consider is the cost of construction and whether the society has the necessary funds available. Please note that common areas fall under the control and supervision of the managing committee. Whether the matter is handled by the managing committee or the general body, the decision must take into account the interests of all members.
Q. What is the minimum number of members required to form a cooperative housing society? Can the total number of members be increased specifically when a society goes under redevelopment? Prasad Wagh, Thane A.
In accordance with the provisions of Section 154B-2 of the MCS Act, a cooperative housing society can be formed by either a minimum of five persons or 51% of the flat purchasers (intending members), based on the total number of flats as per the sanctioned plan, whichever is higher. Each of these persons must belong to a different family. For the purpose of this section, "family" includes a wife, husband, father, mother, dependent son, or unmarried dependent daughter.
The Registrar cannot register a cooperative housing society unless these conditions are fulfilled. All such flat purchasers are required to sign the registration proposal to form the society. As and when flats are sold, each new flat purchaser is obligated to join the society as a member. The RERA also places an obligation on the developer (promoter) to initiate the formation of a cooperative housing society once 50% of the total flats registered under the project are sold. Eventually, all flat purchasers must become members of the society.
The total number of members may change in the event of amalgamation or division of the society, as per the Section 16 of the MCS Act. In the case of redevelopment, it is expected that new flats will be constructed and sold by the developer. These new flat purchasers will also be required to become members of the society. For redevelopment, the society must follow the procedure outlined in the GR dated July 4, 2019. The society's bye-laws must be amended accordingly to reflect the increase in the total number of members, authorised share capital, and other relevant changes.
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
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