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Sayed Maqsood Ahmed   03 April 2022

penalties levied by housing cooperative societies

learned advocate

My y housing society is charging various penalties for the illegal activities done on the society's premises, but the society is not taking any action or charging penalties as per society's bye laws to certain flat owners who built illegal structures on the common passage of the flats areas.

I made several complaints to the society, but the society is hesitant to initiate any action or charge penalties to the flat owners.

Under such circumstances can I or all society's members stop payments of penalties levied on us for minor illegal lapses committed, so that the society can take action against the illegal construction flat owners.

kindly advice suitable administrative or legal action on this matter

thank you in advance did your legal advice and regret the inconvenience if this might be causing to you

Best regards


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 April 2022

You can bring the notice to the registrar of cooperative residential societies in your area. His powers are as follows.

Powers of the Registrar

  • Amalgamate, divide or re-organize co-operative societies.
  • Ensure, supervise and regulate proper investment of funds by societies.
  • Issue directives to reform, change, amend society bye-laws.
  • Cancel or suspend the registration of a society.

Sayed Maqsood Ahmed   03 April 2022

Dear  advocate Rama sir,

Many thanks for the valuable advise  on my request. 

I.highly appreciate your important feedback 

Best regards 

Palak batra   05 April 2022

Dear Querist,

 

As a member of a housing society one has all the right to ask for copy of byelaws which are same for all and can also look into or inspect records which could include cost books, registers, documents, annual profit-loss statements, etc. these helpful measures may be used when there are any chances of embezzlement or fraud. 

 

All the members of society have equal right to vote and hence this right could be used by the members to come to common grounds and ask for enquiry against biasness. 

 

Regards,

Palak

Sayed Maqsood Ahmed   05 April 2022

Dear Palak madam 

Many thanks for the valuable information and advice on question

Best regards 


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