Powers of Co Op society

P V Jayaprakash (Querist) 29 April 2011 This query is : Resolved
Our society in a gen body meeting had decided that the staircase, landing and other common areas will not be used for storing, including shoe racks, by any member. After the resolution was passed, 3 out of 4 members who had kept thier shoe racks in the passage removed them. But one member is adamant that he will not remove and society can do whatever it wants. Can the society physically through out the same? What recourse is at society's disposal?

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Guest (Expert) 29 April 2011
Of course. Majority is authority. The member has to honour the resolution passed by the majority.

Devajyoti Barman (Expert) 29 April 2011
Check the Rules of the Society which deals with the errant member.
If it is silent then the Body may adopt a penal action against the member by resolution passed through simple majority.

M/s. Y-not legal services (Expert) 29 April 2011
the majoritie's decision is executable.

Advocate. Arunagiri (Expert) 29 April 2011
Dont call it as a coop society. It is a society.

If the member is not abiding the rules, he may be removed from the society. By this the benefits he is getting from the society will be discontinued.

Guest (Expert) 30 April 2011
Mr. Arungiri,
As per heading of the question, it is about the coop society only.

Raj Kumar Makkad (Expert) 30 April 2011
Every member of the society is bound by resolution passed by it under its rules. Physical removal may create some tension so it is good to first issue him a notice then to do what ever resolution says failing which take shelter of court.

Advocate. Arunagiri (Expert) 30 April 2011
Mr.Dhingra,

Even though the heading says about the coop society, the running matter says about the Society of apartment Owners.

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