New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prop tax & maint misallocated in 2 different sra societies

(Querist) 06 April 2022 This query is : Open 
SRA rehab part = Society-A
Sra Salable part = Society-B

- both societies registered separately

- misallocation, prop tax goes in Society-A & registration details are found in Society-B


1. Is resolution required to raise the bill ? Where bill was not raised by 1st committee of Society-B for 9 years (as property tax was not coming in Society-B, so were not aware about membership of the unit, so they assumed its part of the Society-A)

2. then is it required to pass resolution by Society-B , under this circumstance ?

3a. If a resolution passed | where there is only sign of chairman and three NON MEMBERS | is the resolution valid?
3b. and if no audits are done from past 15+ years is the resolution valid?

4. resolutions needs to be sent to the registrar / SRA to have its validation ?

5. Then if unsigned bills are so raised can be charged for interest ? such bills can b denied?

6a. can Society pass resolutions in AGM, for billing the legal fees to member on a case to case basis for notice received from member or on defaults?
6b. any provision in byelaws required?

I am ready to pay outstanding old maintenance, but society is forcefully charging interest and harassing for auditing accounts,

kindly let me as queried above regards to validity of bills and liability of interest..

kindly guide.
thanks and regards
kavksatyanarayana (Expert) 06 April 2022
Whether you are a member or an Executive Member of either society. When you are facing some discrepancies why do you keep silent all these years? Why did the members of either society complain to the Dy. Registrar of Cooperative Housing Societies or RERA? It is best to consult in Deputy Registrar of Coop. Hsg. Scty and also RERA and also an advocate of your area.
ritesh shah (Querist) 06 April 2022
from 15 yrs audit not done, not silent,
can be filled at SRA, not at dept registrar (visited personally, they said go to SRA)

hence here , started asking advocates.
ritesh shah (Querist) 06 April 2022
and society-b is forcing to pay with int, and saying resolution not required,

(i have recording of telephonic talk with treasurer DOUBLE TALKS , as well, in 24.july.2021, he said ca denied on raising bills , as resolution not valid as only chairman + 3 NON MEMBERS signed , .... and when new committee formed (same treasurer continued his position) and said, resolution not required, hence bill with interest to be paid.

kavksatyanarayana (Expert) 07 April 2022
Make a complaint against the societies to RERA marking a copy to the Deputy Registrar of Coop. Housing societies concerned.
ritesh shah (Querist) 07 April 2022
buddy u r not understanding,

registrar can not involve here..

ritesh shah (Querist) 07 April 2022
and pl dont close this post,
because u r not answering what i have queried
kavksatyanarayana (Expert) 08 April 2022
buddy you are not understanding who are you to say 'Registrar cannot involve here". that means you know what is what, then don't post further queries. You may not follow our replies, you go as you like.
ritesh shah (Querist) 08 April 2022
when i visited at registrar, they asked me for registration no of soviety, they said, its starting with SRA-,example0151663..
so it comes under SRA, and registration details are with them and they will do all the proceedings.

again visited at SRA.
and they admitted the same.

hence said , registrar cant involve here,

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now