Letter from advocate
SAA_Bombay
(Querist) 01 March 2012
This query is : Resolved
We the redeveloped society formed a MC, I am nonbonafide member of committee & appointed as treasurer by present people in meeting. In one of the book which is maintained by society all the present members signed that they elect me as treasurer knowing that i am nonbonafide member in absence of proper qorum of bonafide member. we did not registered the said with Dy.Registrar. Now, after this we started querying & sending letter to developer to provide us the answer for all the grievances. he send us the letter from his advocate in which he has asked to provide Certified true copy of minutes in which people elected us as new MC, election minutes certified true copy. Now, we know that non bonafide member cannot become member in MC. But we even know that points which we raised for query are 100% right. He indirectly stopped our process. My query is even though if we are right & developer is violating rules, we can’t do anything here? The other bonafide member, some are non co-operative & some are not ready to be part of us. We are stuck at place even though we know that he has done so many things wrong. What to do? Please help.
SAA_Bombay
(Querist) 01 March 2012
Further , his advocate has written that his client will reply only if we submit this informations. I am not 100% sure, but while going for redevelopment, that time MC did not signed the M20 form nor they have gone thru the process of sellecting a builder, tender etc etc.
Raj Kumar Makkad
(Expert) 01 March 2012
You send form 20 to the registrar and submit the reply as desired without caring for the fact that you are not bonafide member because the post of treasurer is not so important.
SAA_Bombay
(Querist) 02 March 2012
Sir, my secretary & chairman are bonafide members. can we submit the M-20 forms of this two members only. is there any law that minutes should be first registered with registrar? should M20 forms be signed by all the M Committee members? Secondly, what you think will be the next step of developers advocate if we submit him the copies as asked by him. One of my friend, informed that developers do not have any right to ask about society affairs. We the tenements have made a contract with developer & he is bond to answer our queries related to redevelopment. no one can stop us to ask queries. Is this right?
Now, if we provide him asked queries, will we be safe?
SAA_Bombay
(Querist) 05 March 2012
Dear all experts, please help.....
M V Gupta
(Expert) 07 March 2012
I presume ur society is situated in the State of Maharashtra. Form M-20 has to be executed by all the elected members of the MC within a period of 45 days from the date of their assuming charge of office,as per the recent amendment to the MCS Act. If u have not done so, u are automatically deemed to have vacated Office and not authorized to be a member of MC.The forms are also required to be filed with the RCS within 15 days of such execution. If none of ur MC members have done so then ur Society should approach the Dy Registrar to appoint an administrator to conduct fresh elections to the MC and take further steps in that behalf.
SAA_Bombay
(Querist) 07 March 2012
Dear Mr. Gupta
Thanks for the valuable reply. But in absence of bonafide members can a non bonafide members become part of MC.
M V Gupta
(Expert) 08 March 2012
What do u mean by non bonafide member? The bye laws provide for Member, Associate member, nominal member only.A nominal member does not have any voting rights and cannot contest for election to MC. An associate member may contest if the member is not in a position to participate in the affairs of the Society.
