RENT COLLECTED FROM MOBILE TOWER
4 years ago
Our registered Co. Housing Society is in Mumbai. There is a mobile tower on our terrace since 10-12 years. We receive 15 lakh yearly rent from it. Till now we were using this rent in society maintenance & expenses.
Few members of commity are thinking of keeping the mobile tower rent in FD for future building repairs and big expenses & the regular maintenance & expense to be collected from all units of society equally.
So this decision can only be taken by commity or an AGM has to be kept for making this decision. So is this possible by law?
A.Hi
Since the issue pertains to
a) Deposit of rent for mobile tower in a fixed deposit and
b) Collect maintenance monies from the members of society,
all the members of society (all flat owners) need to be informed and an Annual General Meeting should be held and 2/3rd of all members should approve the scheme to collect monies from the residents for monthly maintenance expenses of society.
Decision to collect monies from all members impacts all the residents and as such only AGM is the forum to approve these decisions and it is mandatory that 2/3rd of members should approve the decision.
in case , committee does not convene the AGM and takes unilateral and arbitrary decisions, you can escalate the matter to Registrar of societies.
Hope this information is useful.
Since the issue pertains to
a) Deposit of rent for mobile tower in a fixed deposit and
b) Collect maintenance monies from the members of society,
all the members of society (all flat owners) need to be informed and an Annual General Meeting should be held and 2/3rd of all members should approve the scheme to collect monies from the residents for monthly maintenance expenses of society.
Decision to collect monies from all members impacts all the residents and as such only AGM is the forum to approve these decisions and it is mandatory that 2/3rd of members should approve the decision.
in case , committee does not convene the AGM and takes unilateral and arbitrary decisions, you can escalate the matter to Registrar of societies.
Hope this information is useful.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi Suniel,
Hope doing good and safe.
I request to check-in by-law on the provision/ section/ clauses of making such deposit, power, etc before you pass such resolution.
This is a good idea but should be protected.
Hope doing good and safe.
I request to check-in by-law on the provision/ section/ clauses of making such deposit, power, etc before you pass such resolution.
This is a good idea but should be protected.
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A.Dear Sir,
Yes, your decision to keep that amount in FD is reasonable and appropriate. Please get pass a resolution in AGM and act accordingly. It is legal. If any body aggrieved by this decision then ask him approach the court. Please give me Rank 5
Yes, your decision to keep that amount in FD is reasonable and appropriate. Please get pass a resolution in AGM and act accordingly. It is legal. If any body aggrieved by this decision then ask him approach the court. Please give me Rank 5
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