Society News Links
Victory for cooperative societies, as Supreme Court approves the principle of mutuality, for CHS income 24-10-2018
The Supreme Court has upheld the principle of mutuality, which states that a person cannot make profit from himself. We look at how this ruling will affect the levy of tax on receipts, such as non-occupancy charges, transfer fees, service charges, common amenity funds, etc
The Supreme Court (SC) of India recently provided a big relief to cooperative societies (societies), by dismissing the claim of the income tax authorities on levy of tax on various receipts (for example, non-occupancy charges, transfer fees, service charges, common amenity funds, etc.) collected by such societies. The dispute of the tax authorities revolved around a notification dated 09.08.2001, issued under section 79A of the Maharashtra Cooperative Societies Act, 1960 and its applicability on such societies.
MIG societies in tizzy over babu's 16- days flip-flop 14-11-2018
After passing a stay on the redevelopment of six housing societies in Bandra East on September 28, co-operative department's deputy registrar changes his own order on October 15 without any explanation.
Even the state doesn't know what to make of the ongoing battle over one of the city's beiggest redevelopment projects.Withing the span of a month, the state's department of cooperatives has passed two contradictory orders on six MIG societies in Bandra East - first, imposing a stay on the redevelopment, and then backing off in the second one, claiming lack of jurisdiction.
Mumbai: BMC To Explore If Private Parking Spaces Could Turn Into A Public One 30-10-2018
City to appoint consultant to study all private and public parking spaces to explore if slots in residential buildings can be opened to public for a few hours every day.
To decongest city roads, the Brihanmumbai Municipal Corporation (BMC) might be parking up the wrong tree, possibly in your housing society. As part of deciding the rules and regulations for implementing the parking authority promised in Development Plan 2034, the civic body is mulling over allowing public parking in private spaces, specifically in housing societies. However, it won't be implemented before consultants decide on its feasibility.
Highly-placed BMC sources revealed that guidelines will be framed only after a consultant is appointed to first survey the parking pattern of the entire city. Civic officials said consultants will have the scope to identify ways to reduce the load of parked vehicles on the road, as well as create ample parking space with proper planning, by possibly raking in private parking spaces under the parking authority promised in the DP.
Housing society not an industry even if it earns profit: HC 04-10-2018
MUMBAI: A housing society is not an industry, the Bombay high court has ruled.Justice Suresh Gupte,in a significant order,quashed a labour court's order asking a house society in Mumbai to reinstate a watchman whose services were terminated. The labour court had held that since the society earned a profit from the additional income that it earned from its members for displayig neon signs, it was an industry. The society said that the services provided by a watchman were personal in nature.
"Merely because the society levied some extra charges from a few of its members for display of neon signs,the society cannot be treated as an industry carrying on the business of hiring out of neon signs or allowing display of advertisements,"said Justice Gupte.
Forced donations sought by housing societies illegal: HC 03-09-2018
Mumbai: In a setback to housing societies who get members to make a 'voluntary donation' at the time of sale of flat,the Bombay high court has ruled such payments are illegal. A housing society can not recover excessive tranfser fee from a member under the guise of 'voluntary donation',the court has ruled.
Thirteen yesrs after a pune resident had claimed he was pressured to pay around Rs.5 lakh as voluntary donation if he wanted to sell his bungalow property,Justice Mridula Bhatkar ordered the housing society to refund the amount with interest.
"A cooperative housing society...is not expected to indulge in profiteering from members and,if such amount is earned,then it is taxable under the law.There is no bar on any member to pay a donation to the society, but it should be voluntary,"said Justice Bhatkar.
Skip GB, lose hsg society rights 23-07-2018
Habitual absentees to be tagged ‘inactive’, may lose right to vote
Housing society members, who are habitually absent from society meetings, maybe in for some bad news even as the government prepares to curb the fundamental rights of these flat owners.
Hsg societies to face strict action if they overcharge any member 13-08-2018
As complaints rise, stringent order issued on legal action to be taken on cooperative committees that charge over Rs 25,000 as transfer fees
While cooperative housing societies are notorious for imposing some of the strictest rules for residency, they have now received a rap on the knuckles themselves from the government for exploiting new members that come to them.
Housing Society Reforms Need More Amendments 06-08-2018
A provision for heavy penalty for office bearers is expected to keep people away from working in honorary capacity in their buildings.
Growing urbanisation has increased the number of registered co-operative housing societies in Maharashtra to a lakh or so. A housing society is formed when a developer hands over all his real estate stock to buyers to use it as a residential or commercial place. The hand over means the flat owners are henceforth supposed to maintain the building in a cooperative set up prescribed under the state law, that particularly deals with the housing sector.
Of late, the very law had created problems for the people who work in an honorary capacity in housing societies, because it was mandated in 2013 that elections for cooperatives, including housing in the state, must be held under the control of the Maharashtra State Co-operative Election Authority. Those who were forced to take the new route found it tedious and expensive. At times, they were misled by the election officials when it came to charging the fee to conduct elections. Rules were flouted and members pressured into shelling out more money.
Maharashtra: Housing societies can conduct elections on their own, but govt tightens noose around violators 01-08-2018
A society’s managing committee will invite a fine of Rs 25,000 if it failed to submit audit accounts and other mandatory documents.
While housing societies in Maharashtra having less than 200 members will now be able to hold their elections in the annual general meeting every five years, the state government on Tuesday adopted provisions enhancing the accountability of managing committee members.
Under the new provisions adopted by the Cabinet on Tuesday, the society’s managing committee will invite a fine of Rs 25,000 if it failed to submit the audit accounts and other mandatory documents to the state cooperatives department within the set deadline. The government has also made failure to submit self-declaration documents of managing committee members an offence.
Mumbai: BMC Knows About Illegal Alterations In Your Flat 15-04-2018
The Brihanmumbai Municipal Corporation's (BMC) move to increase revenue from property tax is going to burn a hole in the pockets of citizens - especially those with illegal alterations inside their flats.
Builder must pay taxes until all property is transferred to society 12-04-2018
A Builder or developer must pay expenses such as property tax, Until they transfer the entire property to a cooperative housing society, the Mumbai suburban district consumer forum held on wednesda.
"Admittedly, the property has not been conveyed and so it would be the duty of opponents (the builder) to pay property taxes,"said a bench of forum president MY Mankar and member SR Sanap.
Maharashtra to have separate office for cooperative housing societies related issues 10-04-2018
The Maharashtra government will set up a separate office to deal with issues concerning cooperative housing societies to protect the interest of residents, state cooperation minister Subhash Deshmukh said on Monday.
"The new chapter (technical term for such an office) will be ready in 3-4 months. Some rules governing cooperative housing societies would be redefined and some new ones enacted to protect the interest of residents. The state will also allocate separate staff and machinery for this," the minister informed.
A senior Cooperation department official said that there are around one lakh cooperative housing societies in the state, with around two crore people living in them, and dealing with their issues was creating problems with the audit and functioning of other cooperative societies which number about 2.5 lakh statewide.
These include sugar and banking cooperatives, the official informed.
"A separate office will expedite issues related to housing societies like registration, deemed conveyance, redevelopment, land ownership and the like," he explained.
Housing society cannot charge fee for new admissions: HC 12-04-2018
The Bombay high court has ruled that a housing society cannot charge an admission fee to admit a new member. Twenty-five years after a SoBo society charged Rs15 lakh for admitting a new member, Justice Suresh Gupte said that amount was wrongly charged.
GST exemption limit enhanced to Rs 7,500 for monthly charges paid to a housing society 07-02-2018
Monthly maintenance charges, which one pays to co-operative housing society (CHS) or to be specific to its resident welfare association (RWA), will not attract Goods and Service Tax (GST), provided such charges are Rs. 7,500 or less per month. The GST Council in its meeting held in January has enhanced the threshold applicability limit. Earlier GST was applicable if the monthly bill was more than Rs. 5,000 per month. The new limits apply from January 25.
There is no change in the GST registration requirement for CHS. It has to register if it's annual turnover is Rs. 20 lakh or more.
An official release by the Ministry of Finance, issued on Wednesday, February 7, clarifies that: RWAs shall be required to pay GST on monthly subscription charged from its members if such subscription is more than Rs.7,500 per month per member and the annual turnover of RWA by way of supplying of services and goods is also Rs. 20 lakhs or more. Thus smaller CHS with a lower turnover do not have to register under GST and comply with its various obligations.
Moving into redeveloped flats? No need to pay stamp duty now 02-04-2017
MUMBAI: In a major relief for residents moving into their new flats after redevelopment, the department of registration and stamps has ruled that they need not pay stamp duty. The circular issued by Inspector General of Registration (IGR) and Controller of Stamps, N Ramaswamy, last week will help flat owners save over Rs 1 lakh.
NO HIGH-RISES IN 80 PER CENT OF MARINE DRIVE HERITAGE AREA 02-04-2017
It’s a victory of sorts for conservationists in the long-drawn battle between heritage and development. The Mumbai Heritage Conservation Committee (MHCC) has suggested that nearly 80 per cent art-deco buildings in the Marine Drive heritage precinct cannot be allowed to rise up to 58 meters to generate funds for redevelopment and repairs.
No flat owner can put personal things in common space 15-07-2016
In a city where flat owners brazenly attempt to maximise every square inch of space available, a consumer forum has observed that no flat owner has the right to putflower pots or personal belongings in the common passage in front of the flat.
Housing society converts 2K kg of waste into 650kg of manure 28-06-2016
As the city’s dumping grounds continue to be overburdened with tonnes of garbage piling up everyday, a housing society in Vile Parle has been segregating and composting its own waste.
Government to plant 2 crore trees on July 1 15-06-2016
In Maharashtra, the green cover is only 20% against the required 33.5%. Out of a total of 307 lakh hectares, only 61.35 lakh hectares are under green cover.
Govt announces 0.5 per cent Krishi Kalyan Cess to fund farm programmes 30-05-2016
The government on Monday announced a Krishi Kalyan Cess of 0.5 per cent on all taxable services effective from June 1 this year to fund farm initiatives. It also proposed cut in excise duty on irrigation pumps and soil nutrients besides slashing import duty on cold storage related equipments.
Court can sign transfer deed, if builder doesn't 11-05-2016
When a conveyance deed to transfer the land and building in favour of the co-operative society is not executed, it is possible to approach the consumer forum for a direction to the builder to execute it.
Developer canâ€™t transfer building conveyance to another firm, society is real owner: HC 04-05-2016
Mumbai: Three decades after a building came up on a portion of a land in the city, the bid by its owner to convey the property to another firm for developing another part of the plot has come under the scanner of the Bombay high court.
Registrar of Cooperative Societies has no jurisdiction to decide on tenability of suit against societies. 28-04-2016
It is not the business of the Registrar to consider the merits and in particular the tenability of a pending suit and hold it to be untenable and thereupon refuse leave to continue the suit. The Civil Court is perfectly competent to decide whether the suit before it is tenable or not, the Bench said.
Builder told to pay Rs 20k/month penalty for delay in project 28-04-2016
Lucknow:The National Consumer Disputes Redressal Commission has ordered Parsvnath Developers to pay a monthly penalty to buyers for delay in handing over flats in Parsvnath Planet, a residential project in the city's Gomtinagar locality.
Court can sign transfer deed, if builder doesn't 25-04-2016
When a conveyance deed to transfer the land and building in favour of the co-operative society is not executed, it is possible to approach the consumer forum for a direction to the builder to execute it.
SC: If there's a nominee, others' rights subservient 21-04-2016
The Supreme Court has ruled that a man is legally entitled to nominate his married daughter to own his cooperative society flat after his death, depriving his wife and only son.
Socities urged to help increase green cover in city 20-04-2016
As Mumbai continues to get lost under a stifling shroud of pollution and crowd, the state authorities have instructed cooperative societies in the state, including in the metropolis, to plant trees and saplings as part of the Vanmahotsava celebration on July 1.
Developer can't claim extra FSI for building plan rejig
Builders generally tend to keep revising plans so that they can get the benefit of the additional FSI which may become available due to change in government policies and development control regulations.
Charges for Co-operative Education Training
As per MCS Act 24(a) each co-operative society has to give Co-operative education to its members from State level or District level co-operative education institute.
As per rule 20B & 30A training period for Managing Committee is minimum 1 days and maximum 3 days in 5 year.For other members of society training should be completed in 5 years . Training period is minimum 1 days and maximum 3 days.
How to define Active Members.
Following are the criteria for the Active Members.
1. One who has purchased and owns a Flat / Unit in the society.
2. One who attends at least one General Body Meeting of the Society in the previous Five consecutive years.
3. Who has paid the Society Maintenance Service and other charges at least once in previous consecutive Five years.
5 guidelines if you are planning to redevelop the housing society
In most metros such as Mumbai, redevelopment of old residential buildings is a normal and desirable occurrence. Without redevelopment, there would be no new supply in the fully developed city centres. Also, redevelopment is necessary because every building has an inbuilt shelf-life, after which it becomes unsafe, unattractive to the market and difficult to maintain.
No Stamp Duty Required for transfer of Propertyâ€™ to relatives 23-03-2016
Hon’ble Revenu Minister Eknath Khadase announced in Assembly on 25-03–2015 that Govt. waives stamp duty on transfer of land or flat immovable property to Kin or family members. He announced that now immovable property such as land, house or flat can be transferred to Owner’s Children or even to blood relatives simply by executing transfer deed on Rs. 500/- stamp paper without paying stamp duty and registration fee. This announcement will give good relief to the families of transferors as they will not require to pay 5% stamp duty at market value as per ready Reckoner. Minister further clarified that in such an event it will be sufficient if transfer document is executed on Rs.. 500/- stamp-paper.
New property tax rules for mumbai gets BMC nod
Mar 20 2015,MUMBAI: The municipal corporation has revised the base for calculating property tax to carpet area from the current built-up space system.
BMC estimates 15% gain in property tax revenues with new rules
The Brihanmumbai Municipal Corporation (BMC) is expecting a 15 per cent gain in property tax collection across the city, with its revised set of rules for property tax collection for 2015-2020.
Property tax: Sena flashes â€˜Marathi manoosâ€™ card again
March 21, 2015 :Playing its ‘Marathi manoos’ card once again, the Shiv Sena, which rules the Brihanmumbai Municipal Corporation (BMC), has decided to further extend the exemption granted to tenants in houses smaller than 500 sq ft from paying property taxes based on the capital value of their flats.
Mumbai: BMC goes easy on redeveloping own buildings
26Nov2014,MUMBAI:Whenever the Brihanmumbai Municipal Corporation (BMC) plans to demolish a building found to be dangerous, usually there is strong opposition from the residents, leading to a delay.
Housing societies wracked by graft, mismanagement
Nov 23 2014,MUMBAI: Around 90% of nearly 70,000 housing societies in the Mumbai metro region have not submitted annual returns, cooperatives officials said.
40% housing societies in Mumbai region did not hold polls for 3 years
Nov 20 2014, Mumbai:Members in big housing societies or townships, which have more than 200 members, will have to cast vote through secret ballot to elect their new management committees.
Are you paying a higher maintenance bill for housing society?
Ashwini Rao, 31, had been paying a fixed amount every month to her cooperative housing society in Mumbai as maintenance charges. However, two years ago, when the managing committee asked her to cough up an additional Rs 1,000 for keeping a pet, she was taken by surprise.
Housing society elections: Know your rights to challenge the position held by members
Under the Cooperative Societies Act, a proper procedure has been laid down for conducting elections to appoint a managing committee. Ideally, one must start the election process about two months before the end of the existing managing committee's term. The latter needs to put forward a notice of its expiry and invite members to contest the next election.
Housing societies slam doors on singles â€˜ready to mingleâ€™
October 23, 2014:The latest in a set of unwritten “rules” followed by housing societies while letting out flats to people in the city is “no singles allowed”
Property tax payment simplified, BMC starts issuing bills to citizens
Saturday, 16 August 2014,Often at the receiving end of a great deal of criticism, the civic body has won high praise for simplifying property tax payments.
State â€˜leaseâ€™ of life to co-op housing societies
August 13, 2014 Mumbai : Thousands of co-operative housing societies (CHSs) on the land leased out by CIDCO will now get the benefit of deemed conveyance norms. Chief Minister Prithviraj Chavan has given orders to CIDCO in this regard.
Builder to pay Rs 2 lakh for not registering Mumbai housing society
Jun 12, 2014, MUMBAI: Holding a builder's firm guilty of deficiency in service for not forming and registering a cooperative housing society 25 years after the first residents moved in, the Mumbai Suburban District Consumer Disputes Resdressal Forum has ordered it to pay Rs 2.10 lakh compensation.
Won't demolish unauthorised floors in Manav Kalyan Cooperative Housing Society: MCGM to HC
Members of Prabhat society have decided to come together on the day of elections to ensure that everyone goes out to vote
April 24,2014,The residents of Prabhat society at Mazgaon have come up with a unique way to spend the day of election. For the entire day of Thursday, they have planned food, entertainment and contests for society members who will cast their votes in the Lok Sabha elections.
Owners can pay property tax under old regime: Bombay high court
Dec 31,2013,Mumbai: Providing relief to property tax payers, the Bombay high court, in an interim order, has directed some property owners to go by the old regime and to pay 25% of the differential amount.
Ire and fire at top SoBo society over parking â€˜ghotalaâ€™
Mar 26, 2014,It's here that Nina and biscuit baron Rajan Pillai threw their famed soirees, as does actress Nandita Das these days.
Is your housing society holding elections?
Feb 10 2014, Girish Shah has been the general secretary of a housing society in Mumbai's western suburbs for the past eight years.
Supreme Court clarification on VAT paid by Builders & Developers
February 21, 2014, The Supreme Court clarified that the activity of construction undertaken by the builder would be works contract only from the stage the developer enters into a contract with the flat purchaser.
Levy of Service Tax
If per month per member contribution of any or some members of a RWA exceeds five thousand rupees, the entire contribution of such members whose per month contribution exceeds five thousand rupees would be ineligible for the exemption under the said notification. Service tax would then be leviable on the aggregate amount of monthly contribution of such members.
May19,2013:Know your rights before opting for redevelopment
If you reside in an old building, located in a prime area, it is likely builders have come up with a flood of offers to redevelop your society.A society needs to have a society registration certificate, an original building plan, a sale deed, a copy of resolution, an agreement and a title certificate. The society would also need a property card and an NA (non-agricultural) order.
Maharashtra cooperatives election authority set up
Maharashtra supervision for society elections
Maharashtra may pass anti-superstition Bill in winter session
Now, calculate your property tax online
The Brihanmumbai Municipal Corporation (BMC) has introduced an online calculator to compute property taxes.The system, uploaded by the BMC recently, will help citizens compute property taxes using the right formula and ready-reckoner rates.
Sinking Fund properties
Every Co-operative society, in particular a housing Society, should invariably create sinking fund by setting a part of the income on monthly basis. This is necessary for incurring expenditure required for undertaking major repair or reconstruction of the ageing building. Unfortunately, majority of the Co-operative Housing Societies make nominal provision or no provision at all for sinking fund. And when major repair is necessary for the building, flat owners are called upon to contribute required amount for undertaking repairs. This creates difficulties. Hence every Housing Society should make provision for sinking fund is monthly bills
August 29 2013,Inadequate water supply?You can ask for bigger pipeline
Saturday 21September 2013,Dharavi redevlopment to add 15,000 new homes
September 14 2013,Ensure Accuracy in the amount
Adjudication of stamp duty enables you tu figure out the right sum
Sat 14 Sep 2013, Give flat to buyer or cough up mkt value: Panel orders builder
Complainant will get Rs 60 lakh for the apartment he bought in 2008 for Rs 19 lakh, in addition to Rs 330,000 as compensation.
Thursday September 5 2013,Housing societies enthusiastic for the upcoming Ganeshotsav
Aug 23 2013,Mumbai builder cooks up fake railway station, bridge to sell property
2Aug,2013 Carpet area cheating costs builder Rs 1.6L
Consumer court pulls up developer for failing to keep promise.
July 31st 2013,20 years on, builder pays couple Rs 25L in exchange for 2 flats
Monday July 29,2013 SoBo on a high with hiked FSI
Friday July 26 2013 Soon, you can get cheap veggies in your housing society
July 25,2013 Record Deal Shakes Bandra Realty
Emotion comes at a premium even in the city’s ruthless realty market.Check this out.
July 5 2013,Now, pay 1 percent TDS on buying property
Houses and other immovable assets worth over Rs 50 lakh in Mumbai metropolitan region will attract the new tax regime introduced for realty transactions from Jun 1..
Framework of Coooperative Housing Society
Housing Societies are covered by the following regulatory provisions:
1. Maharashtra Co-operative Societies Act, 1960 ( MCSA)
2. Maharashtra Co-operative Societies Rules, 1961(MCSR)
3. Bye-laws governing the day- to-day functioning of the society as approved by the registrar at the time of registration of the society or amended thereafter. (Bye-laws)
June 22,2013:Mumbra building collapse: Anti-demolition netas now evade responsibility
In the wake of the Lucky Compound building collapse and subsequent civic action, arch political rivals Jitendra Awhad (NCP) and Eknath Shinde (Shiv Sena) had shared a dais in April with a common.
June 3,2013:Relax, green hurdles for high-rises likely to go
Now, several high-rise projects in the city may get a new lease of life. Chief minister Prithviraj Chavan’s attempt last week, to convince the planning commission of India to relax the stringent norms set.
June 22,2013:Frame policy to raze illegal bldgs: High court
Seeing little or no action taken by the authorities concerned in demolishing unauthorised structures in the city and its neighbouring districts, the Bombay high court has directed the chief.
Real estate bill makes buyer the king
Jun 8, 2013 With the Union Cabinet approving the Real Estate (Regulation and Development) Bill, the country's highly unregulated and unorganized real estate sector moves a step closer towards greater transparency and compliance.
Society non-occupancy charges
In terms of the government circular dated August 1, 2001, non-occupancy charges should not be charged more than 10% of the service charges excluding municipal taxes.If a member gives his flat to his near relative such as mother, father, sister, brother, son, daughter, son-in-law, daughter-in-law, sister-in-law, sadu, grand son, grand daughter or to a relative approved by the society, non-occupancy charges are not to be levied.
Recording of Minutes of Society Meetings
As per the Maharashtra Co-operative Societies Act 1960 and Bye-laws all proceedings of meetings of Housing Society needs to be recorded in the Minute Book as a statutory requirement. Minutes contain inter alia a description of the type of meeting to which they relate, its date, time and venue, and it also records attendance of members in the meeting, confirmation of minutes of previous meeting, decisions taken process at the meeting, discussions held, voting on resolutions, etc.
VIP societies in Worli owe Brihanmumbai Municipal Corporation over Rs 18cr tax
The VIP-occupied Shubhada and Sukhada co-operative housing societies in Worli owe the Brihanmumbai Municipal Corporation (BMC) over Rs 18 crore as outstanding dues for property tax.
No relief for south Mumbai housing society members in fire safety case
Office-bearers of Jolly Maker-I cooperative housing society in Cuffe Parade suffered a setback on Monday when the Bombay high court turned down their plea to quash a criminal case filed against them by the civic body for lapses in fire safety norms.
Amendment to Maharashtra Co-operative Societies Act approved
The Maharashtra cabinet has approved amending the Maharashtra Co-operative Societies Act, 1960, state minister for co-operation Harshvardhan Patil said in Mumbai on Thursday.
Citizens ask for separate legislation for cooperative societies
Mumbaikars have asked for a separate legislation for co-operative housing societies to spare them from new provisions of Ordinance which has been framed to suit the agriculture, sugar, dairy and credit societies in the state.