Unexplained expenditure written off by unregistered assn
Jayant L Aasher
(Querist) 30 September 2021
This query is : Resolved
I am an owner in an apartment association of 24 flats and the association is not registered in Chennai. One of the owners had claimed an expenditure of Rs 12000 proof of which he did not submit. I had rejected this expre with majority support thro email when i was the office bearer. Now the new committee in the last meeting with other members has decided to write it off. One of the committee member now is the one who is claiming the unexpained expenditure. Can I legally proceed against the concerned members?
An owner in an unregistered apartment association in Chennai is questioning the write-off of an unexplained Rs 12,000 expenditure, especially as a committee member who previously claimed it is now part of the new committee. While unregistered associations lack legal personhood, decisions can be made by majority vote among members. The owner seeks to understand their legal standing and recourse against the members involved.
kavksatyanarayana
(Expert) 30 September 2021
Though the society is not registered, did all the members form the society, and did all the members signed on the bylaws or at least written in the bylaw model?
Dr J C Vashista
(Expert) 01 October 2021
Unregistered association is not a legal persona, hence no laws are applicable. However, all the members may get together and decide by majority.
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