Flat owners association
Querist :
Anonymous
(Querist) 09 January 2012
This query is : Resolved
i live in a residential building in a flat
we have our own falt owners association.
every month we r charged maintenence fees of 2000 rs (ie rs 1 per sq.feet)
plus rs 800 ir rs 0.4 per sqt feet) as CONTINGENCY FUND.
RECENTLY A NEW SECRETERY has been appointed for the building.
wat he does is that on various occasions like holi and all he organises a party in the building terrace and the cost of that party is funded from the reserve which we all pay( tere r 50 flats in the building)
my question is :
1)has the secretery the power touse the funds for the building as few other flats
support him
2) what legal action can i take to prevent this?
ajay sethi
(Expert) 09 January 2012
it is good that secretary of your building organises party for all members . if you have to contribute it is for your own welfare . best way to keep in touch with your neighbours .
if majority of members are against this practise then they cna write letter to secretary to stop this get together . put the resolution to vote .
Devajyoti Barman
(Expert) 09 January 2012
Unless the parties are causing great public nuisance, you can not stop them.
Deepak Nair
(Expert) 10 January 2012
if you haave any objection, then you can raise the same during general body meeting. The secretary is not doing any illegal activity.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 January 2012
Holi is a fools day and ancient wisdom has devised it to defuse tension among us , even if you can not tolerate such healthy activities than who will come to your help when you will be in distress.
V R SHROFF
(Expert) 10 January 2012
Secretary works Honorary for and on your behalf,
He won't and cannot do anything of his own. It is not his building.
If co-op law allow to celebrate HOLI[or his birthday] then only his action is legal, otherwise he is misusing his power and authority, and his act is ultravires.
Your question is :
1)has the secretery the power touse the funds for the building as few other flats
support him
2) what legal action can i take to prevent this?
My Ans: 1)If AGM or MC passed resolution, He derive power from that, it proves your consent so 2) you cannot take any action, and cannot prevent it.
BETTER ENJOY HOLI & DIWALI IN CO-OPERATION WITH ALL YOUR NEIGHBOURS AND MEMBERS ONCE IN WHILE. ENJOY YOURSELF.
cO-OPERATIVE sOCETY GET BIRTH OUT OF nON cO-OPREATION, CONTINUE WORKING IN NON CO-OPERATION, AND END WITH NON COPERTAION, AS PER cO-OPERATIVE sOC aCT,
This is a fact ith ll co-op Societies. No Exception, which I handle .
Maximum Numbers of Hsg. Societies in Mumbai & Thane, in the whole World.
Raj Kumar Makkad
(Expert) 13 January 2012
Shroff has not left room for any other expert to comment more over the subject.
V R SHROFF
(Expert) 13 January 2012
Thanks Raj,
And Ajay also advised well.
Advocate. Arunagiri
(Expert) 13 January 2012
The secretary has to get permission from the members before spending it or atleast for ratifying it.
You can agitate the matter there.
You send a letter to the secretary. If majority of the members agree to it, you can not initiate any legal action.
