Minutes not recorded in mc meeting - co- op hsg society
ss
(Querist) 09 May 2015
This query is : Resolved
In monthly meeting of the Managing committee of the society, it was decided to draft a letter to the builder/developer for society conveyance and to release the illegal hold on society’s stilt premises. Unfortunately the minutes of such decisions was not got recorded in the minutes book, though the decision was taken with the majority of the MC members (There are 3 MC members with developer’s side). According to the decision our H’nable secretary has drafted the letters.
However due to call from developer’s office for a meeting in connection with our society’s unsolved matters, the letters has not been dispatched immediately. In meeting with developer nothing was done fruitful and hence the above letters were dispatched with old date after three months i.e. date mentioned in letter of Dec. 14 and dispatched in March 15.
Now the developer replied that he has been informed by 3 MC members that they are neither informed about these letters nor any resolution has been passed in our meeting and he further added that secretary is acting illegally against the interest of the society by misusing designation, letterheads and seal of the society.
As our secretary is loyal and not acted any wrong and we need to reply these allegations, please suggest way to tackle this in proper way.
Kishor Mehta
(Expert) 09 May 2015
Sir,
I presume your society is situated in Maharashtra.
Please understand that, once the Society is registered the builder has to hand over the entire property/building to the Society. The stilt parking spaces are then allotted to the members by the Managing committee,as per the Maharashtra CHS Act.
THE BUILDER CAN NOT CONTINUE TO HAVE CONTROL OVER THE STILT PARKING SPACES, OR ANY OTHER SPACES FOR THAT MATTER, ONCE THE SOCIETY I\SF REGISTSRED. THE CHARGE OF THE ENTIRE PROPERTY RESTS WITH THE SOCIETY.
There are variouss judgments of Hon.Bombay High Court & Hon. Supreme Court of India, confirming this.
Good Luck,
Kishor Mehta
ss
(Querist) 11 May 2015
Sir,
Thanking you for your advice.
Our Society is in Maharashtra. We understand the views, however as I said, there are few committee members who are in favor of developer and unfortunately they are blaming to the secretory that the matter was not discussed and recorded in minutes of monthly MC meeting, hence the claim in the letters are false and not in the interest of the society. They are trying to give/let out the said premises (Stilt) by receipt of corpus/deposit from the builder. They are also trying to convince members that monthly maintenance would be lesser if we make this transaction with the developer which is not acceptable by us as well as secretory. Please give your valuable suggestion on this situation.
Kishor Mehta
(Expert) 12 May 2015
Sir,
Your query lacks details, please try to give more details.
In a CHS even a single member can stand up to perpetrators of illegal resolutions.
Good Luck,
Kishor Mehta
