If an administrator happens to be appointed in you housing society there are a few things which you must know irrespective of the fact if you are a member of the society or an ex-office bearer.
The very first and foremost thing to know is that the appointment of the administrator is a temporary arrangement, usually to last for four to six months. Since his very appointment is temporary, it is necessary for him to prepare a voter list and to fix next election programme immediately as soon as he takes the charge of the office and It is obligatory on such administrator to take precaution of starting the election process in time for completing the same before expiry of his tenure.
Further, another most important aspects which you must know is concerning the power of Administrator. It is the settled position of the law that the power of administrator given by the statute is only to conduct elections and also to control day to day functioning of the Society and such steps as are necessary for its proper functioning and by no provision of law, he has been conferred the power do certain acts like enroll new members of the Society. It is necessary that the administrator have to avoid taking decisions like giving membership, incurred expenditure for major repairing works, executing agreement for redevelopment, selling Transfer of Development Rights (T.D.R) / Floor Space Index (F.S.I.), cancellation of membership, withdrawing the cases filed by the society or compromising in the cases against society.
For the reason/s and as per the procedure, as prescribed in the Maharashtra Co-Operative Societies Act, 1960 and Rules 1961, the Registrar of Societies can appoint an administrator or committee of administrators consisting of three or more members of the society to manage the affairs of the society. It is to be kept in mind that the final authority of society, for management of society, vests in the general body of members in general meeting. The ‘general body’ means all the members of the society.
General meetings of a society are of two kinds 1) Annual general body meeting and 2) Special general body meeting. The Annual general body meeting is to be called by the society within six months from 31st March i.e., the closure of the financial year. It is to be noted that before Annual general body meeting is called it is necessary that for a society to have got its book of accounts audited, which audit needs to be carried out within a period of four months from 31st March i.e., the closure of financial year. Special general body meeting can be called at any time by the Chairman or a majority of the committee.
The Maharashtra Co-Operative Societies Act, 1960 (Act of 1960, in short) defines a ‘housing society’ which has been formed with the object to provide to its members with a) open plots for housing, dwelling houses or flats or b) if of open plots, dwelling houses or flats are already acquired, and c) to provide common amenities and services. An ‘allottee’ has been defined to be such a member to whom a plot of land or a site, or a flat in a building or a complex held by society is allotted and includes any such person who has purchased a flat from the developer.
A ‘member’ of a society is such a person whose name was mentioned in the application through which the registration of a housing society was sought and includes such a person who was/ is duly admitted to the membership after the registration of the society. There are three categories of members which are recognised under the Act of 1960 akin to a member that is a) associate member, b) joint member and c) provisional member. Suffice to say that ‘associate members are the close relations of the member whose names are not there in the share certificate viz. husband, wife, father, mother, brother, sister, son, daughter, etc. are duly admitted to the membership on written recommendation of member. A provisional member is a person who is admitted temporarily as a member basis the nomination by a member during his lifetime after the death of such member. This membership is only till legal hire/ hires of the deceased member are duly admitted.
‘Defaulter’ is a member or flat owner or occupier who fails to pay the dues of the society within three months from the date of service of bills or notice of payment, whichever is later. Whereas ‘dues’ means the amount payable by a member or flat owner which has been demanded by the society by issuing bill or notice in writing basis the provisions of the Act, rules and by-laws of the society. It is vital no note that the Act of 1960 specifically provides ‘restriction on transfer of share or interest of a member’ or ‘occupancy rights’ unless the ‘dues’ of housing society are paid. Further, society has a charge upon share and interest on a member/ mpast member/ deceased member to the extent of dues payable by such member. Defaulting member becomes ineligible for being appointed, nominated, elected, co-opted or for being a member of a committee.