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Rajesh Vaid   19 March 2023

Conflict of interest in residential society bylaws

I wanted to know  whether conflict of interest exists in residential society if it is not mentioned in society bylaws. 



Learning

 7 Replies

Isaac Gabriel (Advocate)     19 March 2023

If it was registered with the Registrar, report or file petition with the jurisdictional authority under the provisions of the Act or bylaws.

Rajesh Vaid   19 March 2023

Thanks you very much Sir for your valuable advice. 🙏🙏

Dr J C Vashista (Advocate)     20 March 2023

What type of Society is referred by you and what is the interest involved which is stated to be conflicting ?

It is better to show the copy of Bye-Laws adopted by the Society to a local prudent lawyer.

Rajesh Vaid   20 March 2023

I have a flat in apartment complex Bangalore 

The treasurer of residents welfare association has allocated one shop of the apt.complex to his wife on rent and she is running her beautiparler from 6 years. Now husband resigned & the same lady has become the vice president on nomination but she is not ready to surrender the shop. I have objected to it. Please guide what should be done further 

Thanks 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 March 2023

Does the lady own the shop? Owning the shop and owning the business are two different things. If the lady is not the owner of the shop, who is the owner of the shop?  I would expect the owner of the shop would be a member of the Society just like owners of flats in the Society. If the lady has become vice president of the Association, she must be a member of the Association. Either she must be owning the particular shop or any other shop or a flat. You have not posted all the facts clearly and completely.

Rajesh Vaid   24 March 2023

Thanks for your reply,

Shop belongs to the residents welfare association which was allotted to her by the RWA 6 years back when her husband was part of RWA , now she joined the RWA & extended the agreement for the year. You can call it as "charity for gain"  my objection is that being a association member they themselves allotting apartment property on their own name. 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 March 2023

Is there a Managing Committee for the RWA? It may be known as by any other name such as Governing Council also. Allotment of shops etc. would be done by a body of inviduals comprising more than one person. If there is no such body the decision will have to be taken by the General Body of members. If it is done by a committee and if the person to whom it is allotted is a member of the committee, he or she should make a formal application and should not attend the committee meeting that takes decision. If the decision is taken by the General Body, he or she can attend the meeting but will have no vote in the decision making. When decisions are taken by a body of individuals, things very much depend on the honesty and integrity of the members. When commercial establishments like shops are given on rent the tenant running the business acquires commercial interest also.


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