Apartment act - association matters

This query is : Resolved 

22 October 2019

The executive body of the association has failed to get the accounts audited and has not been cooperating with the auditor for completing the audit of accounts. They have withheld receipt books and some vouchers without which the audit can not be done,. In spite of repeated reminders, they are not coming forwarded to provide the same.

What action can a genera members of an apartments association can initiate against the executive body.
Need an expert opinion about the remedies available and procedure to be followed.

Kishor Mehta (Expert)
23 October 2019

You can approach the Dy. Registrar of CHS of your area with the complaint.

Dr J C Vashista (Expert)
25 October 2019

Provisions of State Apartment Act shall apply, which slightly differ in each state. However, Cooperative Soceities Act shall not apply in your case.
Consult a local prudent lawyer with full facts/documents for better appreciation, guidance and proceeding.

Hemant Agarwal (Expert)
25 October 2019

1. An "Association (RWA)" is not under the Cooperative Societies Act and neither the Deputy Registrar of Societies has any jurisdiction to do anything in the matter.

2. A written application can be initiated with the registering authority of the RWA (typically the district charity commissioner) and request him to depute an officer to seize records & registers of the RWA and conduct the audit /scrutiny, at the cost of the Applicant. This could also lead to new elections to appoint a group of office bearers.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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