Apartment owners, bye-laws (Others)

This query is : Resolved

Author : Thyagarajan

PRO CHAT CALL

Posted On 05 August 2012 at 01:49

Dear Members
Can a member give a answer by Monday
A member of the apartment owners association,using a right under article 226 of India sued corporation of Chennai on an issue, outcome of which will be beneficial to other owners of association as well. The Secretary of the association the who is the person authorized to sue the outside agencies as per by Bye-laws was of the view he need not file a separate petition as he had no dispute in cause of action of the member.He issued a letter to the member accordingly.The case went in favor of the member. When the member approached the Secretary to reimburse the cost of filing the case he refused saying the letter was issued without any obligation that the Association will clear the bill for litigation.So the secretary felt the action of the member will be only taken as some good work done without obligation. Was he right.

Expert : ashok kumar singh

PRO CHAT CALL

Posted On 05 August 2012 at 08:32

u better consult local lawyers in ur vicinity.

Expert : prabhakar singh

PRO CHAT CALL

Posted On 05 August 2012 at 08:49

Secretary played smart and he was really not right.

Expert : V R SHROFF

PRO CHAT CALL

Posted On 05 August 2012 at 11:04

Place Agenda in Sp Gen Body Meeting

A member with other 1/3 members signature call for Special Gen Meeting, and get amount spend sanctioned from Society with Majority Voting.
If Majority agrees , Secretary cannot over smart all.

Specify the advantages incurred and total benefits to all/ against the cost of Litigation,