What should the members do? Please suggest.?
Vipz
(Querist) 17 December 2009
This query is : Resolved
We live in a co-op society of 14 members. All the members have agreed for redevelopment of the society by a builder, subject to the agreeing and acceptance of the agreement that the society will sign with the developer. 6 Members including me had objections raised due to lack of transparency in the dealings of the society's managing committee and the developer. We had written down and signed a letter addressed to the secretary and chairman of the society for clarification regarding the same. The secretary did not give a convincing answer, omitted main questions asked and without the knowledge of the members had gone ahead and signed the agreement deed with the builder and registered it. This is in-spite of 5 members not having given a letter of consent to the developer and the society. How can the managing committee do this without approval from its members.
When asked about this, the Chairman says that you people cannot do anything now, since the deed is signed and also that High Court judgment does not support minorities. What should the objecting members do now? Can the builder forcibly try to evacuate the members? What precautions must be taken? Please suggest.
Additional Details:
The members are not against redevelopment or the developer. At least 8-9 important points were in discussion in the agreement and a solution was to be arrived at. But the Managing Committee very secretively went ahead and signed the agreement.
The points include:
No final plan was given to the members.
Stilt area and parking space was not alloted to any member.
20% bank guarantee was denied by the builder.
The builder wanted to renegotiate some of the rates in the tender in his favor. Members did not agree to it.
prakash vathore
(Expert) 17 December 2009
in case of redevelopment of the co-op society if few members r not ready then that project can b stoped, u can file the suit for permanant injuction.
aman kumar
(Expert) 17 December 2009
dear vipz you can ask your quarry with use of RTI to registrar & simpaly ask rule of regiration of socity on what builder registerd it,on these point you can do legel action ( if any rule is violeted )
other hand they are in majority they can defend on that point.
Raj Kumar Makkad
(Expert) 17 December 2009
No such High court citation is available which allows the murder of the opinion of minority members. You can immediately file a suit for permanent injunction and get declared the signed agreement between the developer and society. Serve a legal notice first to the developer and society and move further.
