Kauzian Ahura (Manager) 02 August 2010

Dispute with housing society

I have a Question/Concern and I do not know how to proceed and whether I am doing it the right way. I shall give a background first:

On the night of Saturday May the 8th at around 11:30 PM at my residence, I smelt burning wires which were caused by welders welding on the roof of the building. This had been passed by the housing society during the meeting however with burning wires and my house being right next to the fuse box, I requested the workers to stop work and check their wiring etc. They informed me that they were under the specific instruction of the Chairman of the Society to not take any instruction to stop. We then approached the Chairman of the society who flately refused. My house being at risk, I lost my temper after an argument of around 10 minutes, yelled and called the police. The Chairman in the meantime went into his house and never opened the door even for the police. The police came and arrested the workers as they were working after the hours of 7:00 PM which is deemed illegal (I did not know this).

NOW:

the housing society has had another meeting (which they announced only one day prior) and they have claimed against myself and another member of the building who was supporting me the damages as the workers had to stop work and the contractor is no longer accepting to do the work. I refuse to pay any monies asked and will be filing a letter with the housing society stating this. I also would like to know their explanation for the expenses as the cost of building a temporary roof seems very high and we are not being shown the exact figures.

Question:

Is my standpoint right?

Would it stand up in a court of law?

If I have to file a case, how would I go about it?

How do I find out if the housing society is even registered?

What are the procedures of asking the Chairman and Secretary to step down?

Is there a maximum duration that a person can be the Chairman/Secretary?

Many thanks in advance.

Reply Follow

4 Replies

Dinesh (Estate Manager) 03 August 2010

Yes, your standpoint is right. The MCM with one day notice is not valid. Let the society decide for legal aspects. You can write to society for a copy of Registration certificate. It is also given on letter heads of the society.

Maximum duration is five years. You can write your complaint to the Dy Registrar and may approach cooperative courts if required. The matter is in your favor.

Hope this will give some help to you.

Mala Anand (00) 10 September 2010

We live in an apt. building in Bangalore. We are having serious disputes with the present committee of our association.

Despite repeated requests thru e-mails, the present committee has shown scant respect for the bye laws by flouting the same.The committee does not display the monthly account statements, minutes of monthly meetings and does not allow the members to inspect the official documents of the association. In addition the committee makes arbitrary decisions to charge additional amount towards maintenance in unduly constitued meetings and without the required quorum. The committee seems to think that since the office bearers work on honorary basis, they can function in an autocratic and diktatorial manner.

We are aware that we can register a complaint with the registrar of the societies in Karnataka. But would appreciate and be much thankful if some experienced/eminent lawyer can enlighten us about the powers vested with the registrar of societies in Karnataka with respect to such violations. Also, please guide us about the alternative options available for us to ensure that these committee members are hauled up legally and such brazen acts be stopped once for all.

Looking forward to favourable reply.

Many thanks.

Mala Anand

Dinesh (Estate Manager) 11 September 2010

Mala Anand,

committee is not suppose to display monthly accounts and minutes. One can inspect them by giving written request. You can approach Asst. or Deputy and Joint Registrar for your issues. Its a painful step because you need to have time for follow ups. You can also appeal to Minister for cooperation in Mantralaya of your state.

The best way is to bring No confidence motion and re-elect a new committee.

Hope this will help you.

Dinesh

VIJAY SHAH (REAL ESTATE CONSULTANT) 13 September 2010

MALA ANAND

ANY ADDITIONAL CHARGE IN MAINTANANCE CAN BE IN CORPORATED ONLY IF PASSED BY GENERAL BODY.

YOU CAN ASK FOR 'CERTIFIED COPY' OF BYE-LAWS FROM SECRETARY OFTHE SOCIETY AFTER GIVING A REQUEST FOR THE SAME.YOU WILL HAVE TO PAY CHARGES SPECIFIED IN BYE-LAW. IF YOU DO NOT RECEIVE IN 30 DAYS , YOU CAN APPROACH THE dEPUTY REGISTRAR OR ASSISTANT REGISTRAR OF YOUR TAHESIL & ASK FOR THE SAME UNDER RTI ACT 2005. IN BYE-LAWS YOU WILL FIND ANSWER OF YOUR ALL QUIRIEES