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A fighter (NA)     05 January 2018

Forfully putting locks to owner's car in housing society

Dear Experts,

I live in housing society which has 84 flats and facing some issues:

1. We are new society and now completed one and half year from date of registration.

2. The secretary and chairman of this provisional committee are still holding the office and working as pvt limited company. AGM which was due is not called yer and elections are also not held as per the by laws.

3. They have come up with some parking policy and displayed on notice board that all the owners/tenenats have to take the stickers from society office and if not taken their cars will be locked and Rs 500/- will be fined. I have objected this policy and requested to take this matter in AGM as I feel any MC is not authorized to take such decision in MC meetings (please correct me if am wrong). Many of the owners have not taken stickers and Secretary and Chairman has instructed security to put locks to those who have not taken stickers.

My question is:

1. Are Society office bearers legally right to put such locks to the owner's cars which are parked at their designated parking lots. Will it not be a Forceful act making inconvinience to the society members. In case of emergency, if the car is locked and can not moved, who will be responsible for the same. If they do so, what are the options I have.

2. Can MC take such policy decisions without calling special general body meeting?

3. Can provisional MC whose tenure is expired after one year of society registration and teh said Secretary and Chairman has not called for AGM and election of new MC, are Authorised to carry forward office and forcefully take such majors which is inconvinience to memebers.

 

Regards



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 January 2018

For security to all dwellers they might have formulated rules. You can take stickers from the society. 

A fighter (NA)     05 January 2018

Thank you for your response but can Chairman & Secretary forcefully impose such sticker policy and put locks to cars of owners whose cars are parked at their designated parking slot. I understand this for visitors who are not allowed to park in others parking slot but can owners vehicle be termed as unauthorised only because he has not taken the stiker. Like me, many others are not willing to accept decisions by provisional office bearer whose tenure is over and have not conducted AGM & elections to appoint new MC.

A fighter (NA)     06 January 2018

Any comments / help dear Sirs. My car is been locked since 2 days whereas others are not. Is it legally correct for chairman to put licks to Owner�s car, which is parked at designated car park without disturbing fellow residents. Pl share your thoughts.

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