ABUL 14 December 2021

Society voting rights

Dear All, 1. Can a MC member of the society who has taken an adhoc decision for an inappropriate project resulting in a legal case against him/her, money drained from the housing society can be allowed to nominate for committee members 2. If a resident had defaulted more than 3 months of maintenance can he be allowed to nominate himself by any other means

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Kawmini Liyanage 15 December 2021

Greetings!

To answer your queries,

The decision to nominate a questioned MC member as a committee member has been already initiated; then the decision can be challenged as the said person is currently under examination for his involvement in money embezzlement of the said project. hence, an application by way of motion can be made to the court to grant an Enjoining Order; to cease the appointment until the final hearing/judgment.
An appointment should be made considering the best interests of the housing society. If such an appointment deflects from the sole purpose of appointing the committee, it can be challenged with proper evidence. Since the bar of proving such claims vests on the person who challenges such nomination.

Regards,

Kawmini Liyanage