Housing society

Abhishek (Querist) 30 May 2016 This query is : Resolved
In Hyderabad, a reputed builder suddenly withdrew all the services and ran away from the society. The builder was not keeping the society well for over the years. so the few of the residents stopped paying mantenance. The builder made this as an excuse and withdrew all the services one fine day. Meanwhile, even the residents were demanding from the builder for proper handover of the society to the residents, but builder never did that. Now as the builder fled, the residents came together and elected due members of the society on their own. But while electing new society members, they did not follow the bye laws of the association. as per the bye laws, many of the members will become ineligible to occupy positions in society. Now my question is will the new elected body will be a valid one and will it stands the legal scrutiny as the bye laws were not followed during election? few residents objected to this, but it was brushed aside and positions were filled in. What should be our next step of action> Please advise.

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T. Kalaiselvan, Advocate (Expert) 04 June 2016
The newly formed society has to comply with the necessary formalities that have been enumerated by the registrar of societies which is the authority before whom such societies are registered. Without registration the society is defunct and not recognised to be a legally valid body.
Any member of the association can raise this issue and bring such irregularities to the notice of the competent authority to stall the functions of the society legally. Consult a lawyer and issue a legal notice to the so called office bearers or the secretary informing about the illegality of the society since it is not registered and also violations of standard bye-laws which to be followed as per the standard guidelines.