September 11th 2023.
Nikhil Chaukar from Goregaon wanted to know what his options are when it comes to a notice of non-compliance received from the magistrate court for failing to submit a structural stability certificate in the name of the chairman and secretary. The address given in the notice is that of the adjoining building.
As per Section 353B of the MMC Act, a structural stability certificate has to be submitted to the BMC commissioner in case the period of 30 years from the date of issuance of CC/OC or its physical occupation is 50% of its total built-up area, whichever is earlier. Section 471 of the said Act prescribes the fine for non-compliance.
Since the name of the society is incorrect, Mr. Chaukar should write to the BMC seeking clarification on the name of the building mentioned in the notice. He should also inform them that the mistake should be brought before the magistrate. Furthermore, he can demand a written apology from the BMC and insist that they seek an order from the magistrate to quash the faulty notice.
Sree Prashant Nath from Kanjur Village asked what the minimum amount that can be collected as sinking fund from the members and how it can be utilised. As per the bye laws, the society has to collect a sinking fund of 0.25% per annum of the construction cost of each flat incurred during the construction of the building of the society, excluding the proportionate cost of the land. The society is free to collect more than 0.25% with prior approval of the general body.
The collected fund can be used for reconstruction of the building/s, or for carrying out structural additions or alterations to the building/s, or for heavy repairs as certified by the architect, all with the approval of the general body.
Lastly, Suresh Khemrajani from Chembur wanted to know which documents are included in the annual returns and when is the last date of filing annual return. The annual returns have to be filed to the registrar on or before September 30, every year and should include the annual report of the activities of the society, audited statement of accounts, plans for surplus disposal, list of amendments to the bye laws of the society, if any, declaration regarding date of holding of its general body meeting and conduct of elections, when due. The society is also required to file a Return regarding the name of the auditor or auditing firm from the panel approved by the state government.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. We hope this answers your queries. In case you have any further questions, you may write to
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