Cooperative society
trevor pereira
(Querist) 07 May 2014
This query is : Resolved
I used to park two bikes and once car in the society's premises.
The society sent me a letter stating "on the basis on a resolution passed by the general body you are allowed to park only one bike and once car in the society's premises.
I wrote back asking the society to provide me with a copy of the said reolution.
The society wrote back attaching the minutes of the general body meeting which stated quote "as per discussions and suggestions members will be permitted to park only one bike and one car in the society's premises". NO RESOLUTION.
Can the society enforce a rule without passing a resolution in the general body
P. Venu
(Expert) 08 May 2014
Does your action in parking two bikes cause inconvenience to the other members or the society?
Advocate. Arunagiri
(Expert) 08 May 2014
Whether the parking area is exclusive for you or common parking area?
ajay sethi
(Expert) 08 May 2014
it is a resolution that has been passed in AGM and duly recorded in the Minute Book
trevor pereira
(Querist) 08 May 2014
- no inconvenience parking space is available
- parking is in common parking area
- only a discussion/suggestion has been recorded. No formal resolution has been passed/no voting for a majority mandate
Hemant Agarwal
(Expert) 08 May 2014
1. Any agenda /business of a Society, which concerns Policy decisions, has to be put up to the members vide a prior /proper 14 days notice-agenda, ELSE such decisions are null & void, as far as a court of law is concerned. HOWEVER in nerd-member type societies, such decisions can be implemented even without putting it before the General Body members.
2. Every Resolution that needs to be adopted must be duly discussed, duly proposed by a member and duly seconded by a member, ELSE such resolutions are null & void, as far as a court of law is concerned. HOWEVER in nerd-member type societies, such resolutions can be implemented even without putting it before the General Body members.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate
(Expert) 09 May 2014
If you are confident about the bye laws of your society, you may contest saying that the so called resolution has not been passed hence legally not valid, however,since it is cordial living atmosphere, rubbings may be avoided on issues which leads to controversies for a peaceful living. Legal tangles will be dangling around for each and every petty issue,it depends how to tackle them, think wise and proceed accordingly.You said it is a common parking space,thus common for everyone use, right?
