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Can a society enforce committee member to accept terms and conditions of redevelopment

(Querist) 22 October 2016 This query is : Resolved 
Our Building is going for redevelopment and the copy of agreement for individual agreement was given to us which we have shown to soliciter and other advocates who stated that the agreement is not in favor of the members and it does not protect the rights and security of member and we have give in writing we dont accept the terms and conditions mentioned in the agreement. Out of all the members have signed the agreement without taking 2nd advice and only we are pending so can society force us to accept their terms and conditions.

This agreement comes under MOFA is not mentioned. Buiilder has got right of future FSI , As per MCS Act redevelopment should be completed in 24 months but he is taking 36 months and he has mentioned ameneties as per avaibility. also no assurance of handing over of flat in 36 months.

Also we have been asking our PMC and Legal Advisor to give on stamp paper that what ever work they have done is as per rules and regulations and all the agreement and documents done by them is in favor of all the sixteen members but they are not ready to give and same is been asked by bonified member of the society.

Feedback Awaited
adv.bharat @ PUNE (Expert) 23 October 2016
No it is mutually decided by the society members by 2/3 rd majority.
Rajendra K Goyal (Expert) 23 October 2016
raised in the forum section also.

http://www.lawyersclubindia.com/forum/Offer-hidden-by-committee-and-pmc-for-redevelopment-143527.asp
Mr.Bhatt Thane (Querist) 24 October 2016
Sir but if the members of the society are doing wrong and we have given a letter in written that we have checked with 2 different legal advisor and the agreement is not in the favor of the members to the secretary.

The secretary has not discussed the objection raised by us in the meeting at all and none of our society memebers have taken any 2nd legal opinion and only accept all the explanation from our society legal advisor who has made this agreement and we have given him list of 15 question and asked him to answer which he still have not answered and even when he came for the meeting he denied to answer and give the threatning i would leave the meeting and go if any such question is asked.

As i know the agreement is not in our favor so can 2/3rd member enforce me to accept it.
Rajendra K Goyal (Expert) 24 October 2016
try to have a stay on agreement.
Guest (Expert) 24 October 2016
Depends solely on majority decision of the members in the AGM. Societies run by majority decisions, not on individual's requirements, assent or dissent.

Better ask for a copy of resolution before taking any decision.

Even stay may require proper justification, if decided to counter the decision of the AGM.
Mr.Bhatt Thane (Querist) 24 October 2016
As per MCS Act any AGM to pass the resolution requires 2/3rd member but in most of the meetings 2/3rd members were not present and chairman has failed to attend 3 meetings and if chairman has failed the committee who runs without chairman and the resolution which is passed does it stands valid
Guest (Expert) 24 October 2016
If decision is against the provisions of byelaws, you may challenge the decision in the court of the Registrar of Societies.
Rajendra K Goyal (Expert) 24 October 2016
Agree with the expert P.S. Dhingra ji.
Mr.Bhatt Thane (Querist) 24 October 2016
When asked the DDR he said only 2/3 is required for SGM to sign 79A so any resolution passed in AGM without 2/3rd members does stand valid as per DDR feedback..need a feedback on this sir. As Deputy secretary corporation says something else DDR says something else and deputy registrar says something else.

I all AGM chairman has signed the presence even though he was not present in the meeting and 2/3rd member total is also not there in any of the redevelopment meeting so without the 2/3rd member can committee pass the resolution.

If i want departmental investigation in my case what is the procedure and whom to approach and if any specific format to file for departmental investigation.
Guest (Expert) 24 October 2016
You have to interpret the provision of the byelaws properly, as normally 2/3rd is the strength of the members present in the AGM, not total membership of the society.

So, read the byelaws very carefully.
Mr.Bhatt Thane (Querist) 24 October 2016
We have 16 members and out of that only 7 are present and 2 are forged signature which are taken later after the meeting even though those member are not present.

So all the meetings are forged and it is not meeting the ciriteria 2/3rd member of the total member presence so does all the meeting and resolution passed violating this stands valid
Guest (Expert) 24 October 2016
You may challenge the decision based on proof available with you.
Mr.Bhatt Thane (Querist) 24 October 2016
Thanks for the feedback as i have challenged it and 89A scrutiny is in process and waiting for report and want to see what kind of scrutiny is done the auditor.As chairman is in bed rest since 4 years and he has not attended any meeting and i feel her daughter is putting the signature.

Guest (Expert) 24 October 2016
You are welcome.


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