Agm
Querist :
Anonymous
(Querist) 17 December 2011
This query is : Resolved
Tomorrow is the AGM of our apartment owners association, which is still to be registered. Even after five years of selling all the flats, the builder has not registered the association. There are some obligations he has still not fulfilled, but the association, though passed a resolution early this year that it would press for those obligations to be met, is now in a hurry to take possession of the building en route to registration. They are not inclined to get the builder to fulfill his commitment to us. For tomorrow's meeting, they have invited me, a GPA holder on behalf of my US-settled brother, but not my husband who is also a GPA holder for another flat in my name which we have let out. Nobody in the association wants to assert their individual rights and are all stooges of the builder. They are not following any rules of procedure in conducting meetings. For example, the AGM itself is being held in a structure for which there is no municipal permission taken and we have questioned it without any satisfactory reply forthcoming. My questions: i) how to ensure that the resolutions they pass with majority will not compromise our interest? ii) I conveyed to the association through e-mail in April that my husband from then on will be the GPA holder, but they have refused to acknowledge the same and continue to ignore him (though earlier they had made him the president when he did not have the GPA and he quit as he did not want to preside over the irregularities). Can my husband attend the meeting as a non-invitee? iii) Can I get the resolutions declared by court as not binding on us? iv) Can I forestall the resolutions from taking effect as the builder still owe us a few things, including a gym which he promised (and it is the so-called gym room which has been declared as office room by the secretary in the meeting notice without any committee to that effect. iv) Lastly, how to ensure that the association runs in an orderly manner with only my husband and myself as sole dissenters?
Thanks
Raj Kumar Makkad
(Expert) 17 December 2011
1. As there is no agenda relating to the individual issue of any owner so question of compromising on your personal interest do not arise.
2. It shall not be good for him to attend meeting without invitation however he may make complaint in writing to the society with a copy of joint registrar.
3. No, how can you do so?
4. You can raise your resentment and it shall better if you prepare some more members to speak in support of your point.
5. I have already suggested you against your query no. 4 to make a pressure group first to raise your voice otherwise you shall have to suffer wrath of strong ground in power.
Shonee Kapoor
(Expert) 18 December 2011
Sound advise given by Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 18 December 2011
Mr Raj assumed that Association is registered and Joint Registrar will entertain a Complaint in Writing.
Society do not exist as on today.
THE FACT IS THE ASSOCIATION IS NOT REGISTERED.
I advise the First Agenda to Register the Society in Non Co-operation of the Builder.
Then take action for Gym etc.
