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Society is being mismanaged |
| By: Vinod Sampat | | Date:
2010-09-02 | | Place: Mumbai | |
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All your issues regarding housing societies -- your neighbour creating unnecessary trouble in society decisions, or your problems with the secretary -- answered by our expert
Our society has been mismanaged badly by the managing committee for the past several years. The current committee, which was formed around August 2009, has failed to file the mandatory indemnity bond till date. Moreover, non-members, whose application for associate membership was never passed by any resolution in any meeting, were made committee members. Also, members whose membership was admitted only in June 2009 were made committee members in the election held in August 2009.
This so-called committee has been passing various resolutions and taking many policy decisions in a hurry. Will all these resolutions/ policy decisions be binding on the society or its members? I have written to the Registrar and many other officials but have received no response. -- Suraj R
If the members of the managing committee have not filed the indemnity bond within 15 days from the date they took charge of the records of the society, the registrar has powers to appoint an administrator to manage the society's affairs.
I would advise you to take a lead with other like-minded persons and plead with the managing committee that fresh elections should be called. If the managing committee does not respect the sentiments of the members, a complaint may be lodged with the registrar and the chances are that the registrar will appoint an administrator as the indemnity bond has not been filed.
I would also like to inform you that in case of housing societies, there is no need for new flat purchasers to wait for even one day to act as managing committee members. There cannot be a vacuum as regards the working of the society. If the committee has passed resolutions, then the said resolutions are valid and binding on the society and its members. However, if the members feel that the same are harsh or have been approved in a high-handed manner, they can approach the court and obtain a stay against the implementation of the said resolution.
You may make an application under the Right to Information Act to the Public Information Officer asking about the action taken on the said letters. Also take up the matter with senior officers like the District Deputy Registrar and the Divisional Joint Registrar. I am quite sure that senior officers will make an attempt to address the bona fide submissions being made by you. |
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