Dear Learned Members,
My mother is a house owner and a member in an association(96 members) registered under TN registration of societies Act 1975 since 1983. All these years my father had represented followed by my brother (intermittently) and now myself.
I have also been part of Building committee for redevelopment.
This was allowed by association all these years. This has been a practice all these years.
Even before my participation in GB, I inquired if there was a provision in bye-law for which I received no reply and was allowed to participate.
Also, I was not part of EC but BC only. I learnt that EC has been conducted without proper notice and inviting special invitee in all the meeting(at times more than 5 people) by the Secretary.
I questioned the logic behind "Special Invitee) for which there has not been any reply.
Also, the minutes of the meeting are never shared as to the discussion or decision taken.
I had posted in Whatsapp group that I will seek legal remedy as to provision of bye-law..to which the Secretary abruptly replied "The previous office bearers never handed over" . Adding fuel to the fire one of the office bearer(treasurer-member since early 1990's) messaged that he never heard the term bye -law and also questioned if the association has one.
The malicious intentions of few members in power got exposed. Also, more than 50% of the members have a maintenance due of more than 3 months. They were allowed to participate in GB all these years aswell. I don't think any effort was made to recover the dues by the association.
Now the association(after getting exposed) suddenly asking for authorization from owners as to representation(only to vote) and not allowing members with maintenance due of more than 3 months(It's correct but not practiced till date)
Now the EC(Just to retain power and position) and to shortlist builder of their choice which was deceptively injected into Building Committee(reporting to GB). However, The GB had decided on a different builder(this includes members at default). Also, they allowed all sorts of mistake to happen and now trying to cure it.
Last year 21 day notice was never given just 3/4 day notice. But this year it's given
Alarmingly, it is learnt that the bye-law has never been amended since 1980's and the question of Building committee itself is a puzzle.
It is clear and exposed that there has been irregularities all these years.
I already have authorization from my mother as to "Status quo to continue including voting and voluntary participation in association activities" (this year).
My question is 'Do I have a locus standi for legal remedy and subsequent cure" as to abetment ie encouraging an act to happen by letting me do something which I am not supposed to do.
Seeking your view and thought. Your earliest response will be highly helpful