If any member has placed things unauthorized in Society’s premises i.e. the common areas, the Managing Committee should get them removed. If the MC does not do it there is no law for individual members to remove them. But why look for law, you and other members just remove them.
The Secretary of Housing Society shall cease to be a Secretary, if he resigns from the MC or if he opts out of the Secretary’s post but continues to be a member of the MC. Which one applies in your Secretary’s case? There cannot be any gap between two Secretaries and the previous Secretary should hand over charge to the new Secretary. But if there is a gap, the Chairman shall be responsible for all work normally done by the Secretary.
If a vacancy occurs in between two elections, the Managing Committee is empowered to co-opt any member of the Society to the vacancy. They need not have to co-opt only a particular member. If a member is to be elected to the MC in a regular election, under Sec: 73FF(c) of the Co-operative Society’s Act, the member will not be eligible if he is defaulter of dues as defined in the Section.
There is no provision for an application to the Society or the MC for appointment in mid-term vacancies. The stand of your MC cannot be challenged. The Managing Committee not giving the cheque for clearing is not relevant in this case. Even if the cheque had been cleared by the Society, the Managing Committee is under no obligation to take a particular member into the Committee.
The Managing Committee has every authority to get the encroachments such as shoe racks or flower pots removed from Society’s premises. They can first give notice to the concerned members to remove the encroachments within a stipulated time or otherwise the Society will remove them at the members’ cost and consequences. Generally the recalcitrant members do not care for the orders from the Society. The Police will not take any action either on a complaint unless there is a court order. As such, if you want to solve the problem, you will have to resort to strong arm tactics. Are you prepared?
No member, except the Managing Committee members can attend MC meetings.
No one is elected by the General Body as Chairman, Secretary or Treasurer. The General Body elects only members to the Managing Committee. It is the Managing Committee which elects the designated office bearers from within the Committee. As I stated earlier it is solely at the remaining members’ (of the MC) discretion as to whom to be co-opted to the mid-term vacancy.
You are saying that your Society was formed only one month back. Are the present MC members duly elected by the General Body under the provisions of the Act and Rules? If not there is a time-frame within which they have to hold elections. If they do not do that within the time-frame you can complain to the Assistant Registrar of Co-operative Societies, who is in charge of your ward. Until then you bear with the present situation.
There is no provision in any law for members or a group of members outside the Managing Committee to take any actions or decision, except by calling a General Body meeting. There are rules to call a General Body Meeting.
I write all this on the assumption that you are in Maharashtra.