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Violation of by-law registered under tn societies registrati

This query is : Resolved 
 


Querist : Anonymous (Querist)
21 September 2020

I am a joint owner of a flat in an apartent which is registered under TN societies registration act, 1975. The association was registered on May 2019 which was led by 11 Executive committee members. Due to lot of politics all 11 members decided to dissolve the association just 5 months after formation of association. As per majority of owners proposal an adhoc committee was formed to conduct a proper election. But the committee couldn't conduct election even after 4months. So on EGM held on January 2020, 14 members were selected and one among them was myself. But later i came to know that as by-law of association only 11 members can be the executive members. Also as per by-law, there is no specific clause which allows blood relations of owners to be a member of association. Out of 14 members, 5 are not the owners and they are either spouse or parent of the owner. Also some selected members were not yet added as member of association with registrar of society. But they some how registered 11 members ignoring me and other two members by Form 7 during the month of March. Seven months has passed and till now they haven't added me as EC member. They have removed me and doesn't allow me in any activities of the association saying that they will add me after amending By-law. I have given a complaint mail to the president but no proper response from them. What should i do now? They are not even giving me a copy of By-law. Should i have to approach the Tribunal of Societies or should i have to approach civil court? or what should i do further? There was a whatsapp group where all 14 EC members were there to discuss about the association issues. But one day i was removed from it along with other 2 EC members who haven't given their Aadhar card for registration purpose and i am not even informed about EC meetings. I mailed to President that removing me from whatsapp group is snatching my right to be an EC member. The reply came is that since i am not yet registered I have to wait till amendment of By-law for registration. When i raised a question that how come they are eligible to look after association affairs and handle bank accounts between the date of EGM to date of registration (65 days) i got not reply. Pls guide me how to handle this type of harassment.


Dr J C VashistaOnline (Expert)
22 September 2020

Consult a local prudent lawyer for better appreciation of facts/ documents and necessary proceeding.
Too long a story for consideration and obligation .

Rajendra K Goyal Online (Expert)
22 September 2020

Copy of bye laws, copy of audited accounts, other information can be received through Registrar Office using RTI.

File complaints to Registrar Office about the irregularity in conducting the affairs of the society.

Approach Registrar office to direct the Society to elect the new executive instead of adhoc.

kavksatyanarayanaOnline (Expert)
22 September 2020

You shall complain against the committee with proofs you have to the Registrar of Societies by Registered Post.

P. Venu Online (Expert)
22 September 2020

The facts posted suggests no case of harassment.


Querist : Anonymous (Querist)
22 September 2020

Dear Mr. Venu...
I was one among the EC members appointed by EGM. But my name wasn't added with RS by subimission of Form 7. I was informed that only after amending by-law my name could be added as committee member. 7 months has passed and till now no action is taken for it.
For past two months i am not informed or called for EC meetings. I am removed from Whatsapp group where other committee members discuss about association affairs. I am not involved in any association affairs.
I asked for the by-law copy and Proposed budget for the maintenance amount charged by written request letter. One month has passed and no reply from association. The Secretary and President avoid my calls and dont reply my messages. As per by-law which was initially registered say that any member of the association can inspect the books and registers available during office hours. But i am not allowed.
My name in minutes of one EC meeting is been written as Special guest striking of EC member. I dont know how to name such kind of suppression other than harassment.
The secretary and treasure are blood relatives of flat owners. As per by-law only owners can be a member of association. The amendment is not yet done which allows nominated person by owners can contest on election and become member of committee. Please guide me what should i name such approach of association towards me.

P. Venu Online (Expert)
23 September 2020

Admittedly, your status as a EC member is congruent. Resign from the EC so that you would be free to assert your rights as the joint owner of the property.


Querist : Anonymous (Querist)
23 September 2020

Thanks for the advice Mr. Venu. But my query is not about my ownership rights on the property. It is about the violation of by-law.

Rajendra K Goyal Online (Expert)
23 September 2020

As your objections / suggestions / demands are not accepted, going legal is the way left for improvement and abiding the bye laws of the society.

Rajendra K Goyal Online (Expert)
23 September 2020

As your objections / suggestions / demands are not accepted, going legal is the way left for improvement and abiding the bye laws of the society.



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