CHLawship Blog Article 26

Housing Society Handover Process: What Every New Committee Should Know

Housing Society Handover Process: What Every New Committee Should Know

When taking over the management of a housing society under the Maharashtra Co-operative Societies (MCS) Act, 1960, Rule 1961, and the Model Bylaws, there are several key documents that the new committee should receive from the outgoing committee to ensure smooth functioning. These documents are essential for the new committee to take charge of the society's operations, finances, and legal matters. Here's a list of documents typically handed over:

  1. Minutes of Meetings
    - General Body Meeting (GBM) Minutes: Copies of all General Body Meeting minutes held during the tenure of the outgoing committee. This includes:
    - Annual General Meetings (AGM)
    - Extraordinary General Meetings (EGM)
    - Special General Meetings (SGM)
    - Managing Committee Meeting Minutes: Minutes of all meetings held by the Managing Committee, including details of decisions taken, resolutions passed, and any important discussions regarding the society's operations.
  2. Financial Records
    - Balance Sheet: Audited balance sheet for the last financial year, showing assets, liabilities, and equity.
    - Profit & Loss Statement: A statement detailing the income and expenses during the audited period.
    - Audit Reports: Final audit reports by a Chartered Accountant (CA), showing the audited financial status of the society.
    - Cash Book: Detailed record of all receipts and payments of cash.
    - Bank Book: A record of all transactions made through the society’s bank accounts.
    - Receipts and Payment Registers: A detailed register of all payments received and payments made.
    - Bank Statements: Copies of bank account statements for all the society’s bank accounts for the last financial year.
    - Invoices and Payment Vouchers: Copies of invoices for all payments made, including maintenance charges, repairs, and other expenditures.
    - Income Tax Returns: Copies of the society’s filed income tax returns, if applicable.
    - Taxation Records: Any other tax-related documents, including GST, TDS, etc.
  3. Legal and Compliance Records
    - Registered By-Laws: Copy of the society’s original and any amended bye-laws.
    - Certificate of Registration: The original or a certified copy of the society’s registration certificate.
    - Legal Notices and Court Orders: Details of any legal notices received or sent, and any court orders related to the society.
    - Licenses and Approvals: Copies of licenses, permissions, and approvals obtained from local authorities (e.g., Fire Safety NOC, Lift Registration, etc.).
    - Litigation Records: If applicable, a list of any ongoing or past litigations involving the society, including details of the cases, their status, and any legal advice received.
    - GST and Taxation Records: GST registrations, records of tax payments, and any pending tax issues.
  4. Member-Related Records
    - List of Members: A comprehensive and up-to-date list of society members, with the following details:
    - Names and addresses of all members
    - Shareholding details (number of shares held)
    - Date of admission and membership status
    - Any outstanding dues or payments
    - Share Certificates: A record of all issued share certificates, transfers, and cancellations.
    - Membership Forms: Signed application forms for new members, including supporting documents such as ID proof, address proof, etc.
    - Society Admission Register: A register containing the admission details of each member, including their share certificates and other relevant information.
  5. Property and Asset-Related Records
    - Title Deeds: Original or certified copies of the title deeds of the property owned by the society.
    - Building Plans: Approved building plans and layouts of the property, including any approved alterations or additions.
    - Occupancy Certificates: If available, copies of occupancy certificates or completion certificates from the local municipal authorities.
    - Property Tax Receipts: All receipts and records of property tax payments made by the society for its property.
    - Service Charge Receipts: Receipts for payment of property services, including taxes, maintenance, and utility bills.
    - Maintenance Contracts: Copies of all contracts for maintenance services (e.g., lift maintenance, security services, cleaning contracts, etc.).
    - Insurance Policies: All insurance policies related to the society’s assets (fire, building, etc.), including premium receipts.
  6. Operational and Miscellaneous Records
    - Inventory Register: A comprehensive list of all assets owned by the society, including furniture, fixtures, electrical equipment, etc.
    - Maintenance and Repair Records: Details of any ongoing or completed maintenance work, repairs, or renovations carried out on the property.
    - Service Provider Contracts: Copies of contracts with external service providers for various needs such as:
        - Waste management
        - Security services
        - Cleaning services
        - Pest control
        - Water treatment
    - Property Management Software: If the society uses any software for managing member data, maintenance records, or financial transactions, a copy of the software and login credentials should be transferred.
    - Employees’ Records: If applicable, records of any employees of the society (e.g., security guards, housekeeping staff), including contracts, salary details, and employee benefits.
    - Insurance Policies: Copies of all the society’s insurance policies (fire, accident, liability, etc.).
  7. Election-Related Records
    - Election Results: Record of the election results for the Managing Committee elections, including voter lists and election procedures.
    - Election Notices and Records: Copies of election notices and the procedures followed during elections, including any complaints or disputes raised.
    - Voter Lists: Detailed lists of eligible voters, along with their signatures or other verification records.
  8. Correspondence and Communication
    - Correspondence with Authorities: Copies of all letters, emails, or formal communication with government bodies, municipal authorities, or other agencies.
    - Notices Sent to Members: Copies of all notices sent to members regarding meetings, dues, or other important matters.
    - Complaint Registers: A record of any complaints lodged by members, including complaints about maintenance, security, or other issues, along with their resolution status.
  9. Pending Dues and Liabilities
    - List of Dues from Members: A list of all members with outstanding dues (maintenance fees, arrears, etc.), including amounts and the period for which the dues are pending.
    - List of Debts and Liabilities: A list of all outstanding loans, debts, or liabilities owed by the society, including repayment schedules.
  10. Official Stamp and Seal
    - Society’s Official Stamp: The physical stamp and seal of the society, which is used for certifying documents, agreements, and official communication.
    Additional Documents (if applicable)
    - No Objection Certificates (NOCs): NOCs issued for any construction, alterations, or major changes in the society’s property.
    - Water Bills and Utility Records: Records of payment for water, electricity, and other utilities, including meter readings.
    - Public Liability and Safety Reports: Reports related to the safety standards in the society (e.g., fire safety, elevator inspection reports, etc.).
    - Documents Received from Builder: All other documents not mentioned above, but handed over by the Builder, need to be handed over to the new committee.

    These records ensure proper management and governance of the society and must be handed over in an organized manner to avoid any conflicts or misunderstandings between the outgoing and incoming committees. It's recommended that the handover process be documented with a formal acknowledgment by both the outgoing and incoming committee members.

    – CSLawship…

Housing Society Handover Process: What Every New Committee Should Know

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