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society issues

(Querist) 15 April 2011 This query is : Resolved 
This is to enquire that can a 1) person having a flat in the society,given on L/L basis and residing elsewhere, in other words non resident can hold the post of a chairman.2)in my building AGM is not held everyyear, sometimes delayed upto 5 years,(REASON GIVEN NO TIME FOR SOCIETY AFFAIRS)3)There hasnt been a single managing commitee meeting in last 4 years,neither a society register is maintained to record time and date of decision taken in the meeting,4)As i am also in the managing commitee what steps i can take to teach them a lesson and make them follow by laws.through which way i can make them resign and form a new commitee.will writing to deputy registrar support my cause....respected lawyers and advocates plz help me out with this
Guest (Expert) 15 April 2011
As you are also an executive member or office bearer in the management committee, you must also be having the byelaws of your society. So, better refer the provisions of byelaws of your society, as that only can be the best guide for you the affairs of the society being conducted as per the approved byelaws.
M V Gupta (Expert) 16 April 2011
If u are from Maharashtra, pl lodge a complaint with the Retistrar and request him to appoint an Administrator who will conduct fresh elections to the MC. The newly elected members will have to sign the bonds in Form No.20 on stamp paper of Rs. 100/- each and submit a report of compliance to the registrar within 15 days of assuming the office by the new memebrs. This may help to regularise things in ur Society.
subbareddy (Expert) 19 April 2011
In lieu of societies there was a central act and now some of states having its own state society act. Any how i am agreeing with PS Dhingra and if it is in andhra pradesh under ap societies registration act the disputes between memebrs and society can be resolved by filing society op in the concerned district court just like a suit by paying fixed court fee after going through the by laws as suggested by PS Dhingra
M V Gupta (Expert) 23 April 2011
Mr. Reddy, The query relates to a cooperative housing Society. Hence AP Societies Registartion Act does not apply. Any disputes relating to Coop. Societies will have to be filed in the Cooperative Courts. Civil courts do not have jurisdiction. Further the query refers to irregularities in the administartion of the Society. These are required to be referred to The Registrar of Coop. Societies for necessary action, as pointed out by me. Pl check AP Cooperative Societies Act.


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