Separation of a Separate Building from a Coop Housing Society
Querist :
Anonymous
(Querist) 20 May 2011
This query is : Resolved
Dear Sirs,
Our Society consists of 3 separate buildings in a
single big plot.
Two of the bldngs were constucted in 1977 and i bldng was constrcucted in 1980
All flat owners of 3 bldngs are Members of the same Coop Housing Society.
The MC has a majority of members from the other two bldngs and there is no one representing our wing on the MC as all decisions are taken by majority vote and our issues are simply ignored.
The Repairs of the 3 bldngs have not been undertaken and the terrace of our bldng has leakage issues.
The MC despite many requests in writing is not doing any thing nor is it replying to our letters as required by the Law.
We have complained to the Dy Registrar but no action has been taken by him.
There are also water distribution issues also and we are getting unequal water as per our share.
Our building has 22 per cent of the Total Membeship of the Society.
Er requested the MC to allow us to form a sub commitee which would take care of major repairs and water management and the funds wud be contributed by our building members.
The MC is not agrreable nor does it reply to our letters.
We asked them to call a SGM to discuss our issues but they are not doing that also.
Our querries are as under:
1) Can we separate from the current Society and form our own society restricted to the Members of our Building?
2) Is this permissible under law?
3) To circumvent Dy Registrars intervention the MC is not calling a meeting and take a vote on this issue.
4) Under teh circumstances can we go to the Cooperative Court and ask them to direct the Dy Registrar to complete the process of separation.
5) The conveyance of our Society land and buildnijgs is pending.
6) The Members of our wing are willing to pay for all common charges applicable to all Members.
7) Can we then get a sepaarte water line from the Municipality.
8) is there some relief under Suppression of Minority rights just like in Company Law?
9) What are the steps that need to be taken to get separation from the Society.
Thanking you in advance for your guidance
regards
edward.
Amit Minocha
(Expert) 21 May 2011
You would have to build pressure for which
1) you can ask to Registrar requesting for special AGM
2) alternatively FILE a writ.
3) make a police complaint naming the MC members for criminal liability incase of any mishappening
4) send a legal notice to society
Guest
(Expert) 21 May 2011
A novel case. Needs deep thinking. In the meanwhile you may send a joint representation signed by all members of your building to the Registrar of Societies to show your intention that you want to severe your relations with the existing socity due to total negligence by the MC, and allow you to form a separate society.
You may also send resignation of all the members from the existing society making a clear mention about the neglect of your building by the MC of the Society. They can't hide the collective action of 22% members from the Registrar's office.
