Hi,

I am leaving in Mumbai, Mulund in one of Co Hsg Society since last 3 years. I found that CHS committee member not operating the society work as per society by laws

1) No Audit was done since last 2 years,

2) NO AGM called since secretary & Chairman not living in society building so it's very difficult to approach then if in case any problem in society building. is society member have rights to ask the resignation of secretary since he is living out of city from last 2 years & not able to solve the society problem

3) No election was done for chairman from last 15 years

4) In short there is no coordination betn society members & society body members

5) Can we launch the complaint to Registrar & appoint Administrator & dissolve the society committee?

6) There is no transparency of Maint charges, sinking fund, repairing charges, membership charges

So please advise me to how on above issues

Lodge a complaint before the registrar of co-operative housing societies to dissolve the exisiting society and to create or form a new society.

Dear Krishnaa,

Thanks for your quick response. Can you please tell me the procedure for dissolving the society comitee or how society members ask the resignation of Secretary & Chairman the reason that they are not living in society building & not accessible to solve the society problems?

Also from where I get the By-Laws booklet for Maharashtra CHS

 You write to Registrar of your area (ward) giving all the facts.

If a member of the managing committee does not attend three consecutive meetings without leave of absence, his membership of the committee automatically comes to an end.

What have all the members been doing all these yeas?

On your complaint, an officer will be deputed to inspect the working of the society. Before that it is necessary that you let him know all the points where illegality has taken place.

 How CHSs are functioning? One example.

Transferred the flat without a valid nomination. You can imagine the level of illiteracy prevailing there.

 The problem with most of us is that we don't take any action when needed and allow the problem to fester.

First step to send a complaint letter addressed to the Chairman/Secretary. In this letter you ask them to provide a copy of Security bond executed by them upon their election as members of the managing Committee. This bond has to be executed within 15 days of their election even 16 days are not allowed. If it is not or cannot be served upon them under an acknowledgement then you may send the same by speed post. obviously it will not be served upon them. Now send copy of this letter to the Dy. Registrar of your jurisdiction alongwith all your problems and highlighting the non delivery of any letter to the society either by hand delivery or by speed post with acknowledgement due. Pl. preserve the returned letter sent to the society by speed post but could not be served. In letter to the Dy. registrar narrate all the problems being faced by you and ask him to provide a copy of Security Bond which is mendatory for every member of managing committee. In the absence of security bond the registrar is bound to dissolve the existing committee and appoint an administrar to run the affairs of the society. He will hold election of the new managing committee within six months from the existing members staying in the society.