Society not registered under socities act

I understand that you mean flats in a building. Such a set up is not registered under the Societies Registration Act, but under the Co-operative Society’s Act. The two are very different. How are you paying Municipal taxes? Under what name the demand notices for tax are addressed?  There will be electricity connection to the common areas. Also there may be a water pump. Who pays the common electricity bill? In what name is the electricity connection?

Apart from Co-operative Societies, there are also condominiums. There individuals are owners of the flats. Each one pays his own Municipal taxes. In such a Society in order to manage and protect the common interests, in some cases they are registered with the Registrar of Assurances. CIDCO flats are registered in that manner. Byelaws of the Society are also registered with the same registrar. But I do not think that Registrar of Assurances has any grievance redressal machinery. Another alternative is to register under the Societies Registration Act as a welfare association. Here some redressal mechanism is there. But it is very weak. Co-operative Societies Act is the best, in so far as redressal of grievances of members.

If your Society is not registered, who is making the rules and who is collecting the maintenance charges etc. If some people are collecting posing themselves as Chairman, Secretary, Managing Committee etc. it is illegal. They can be prosecuted for criminal offence.

If you register under any of the above, there will be byelaws or Memorandum of Association or some such thing. It will contain how Managing Committee is to be elected and also duties, and responsibilities of Office Bearers. A Registered Society is an artificial judicial person. It can sue and be sued in a court of law. If a member does not pay his dues, there is no legal method to recover the dues if the Society is not registered. If a member wants to sue the Society, he will have to sue individual Managing Committee members by name.