Flat owner not agreeing with the decision taken by the other members of scoiety
2 years ago
Does the Flat owner who is not residing in his apartment permanently, has the right to overrule the decision taken by the society members. If he I'll behaves and denies to live with harmony what are the steps can be taken?
A.Dear Sir
He has no individual right and executive body of society may impose fine or threaten to deny him basic necessities to his flat.
He has no individual right and executive body of society may impose fine or threaten to deny him basic necessities to his flat.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You need to provide proper facts relating to the issue. Bye laws framed by a Cooperative Society are binding since they have a right to make such bye laws but if such laws are against constitutional principles and infringe fundamental rights then you can approach HC under writ jurisdiction.
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You need to provide proper facts relating to the issue. Bye laws framed by a Cooperative Society are binding since they have a right to make such bye laws but if such laws are against constitutional principles and infringe fundamental rights then you can approach HC under writ jurisdiction.
If you find this answer helpful, please rate my answer. Thank You.
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A.Hi,
Decisions taken by the society members based on broad guidelines or bye-laws are enforceable since these guidelines are typically framed under the Co-operative Societies Act, which is a Central Act. But if any such regulation which infringes on the fundamental rights of an individual can be challenged in a court of law.
If you find this answer helpful, please rate my answer. Thank You.
Decisions taken by the society members based on broad guidelines or bye-laws are enforceable since these guidelines are typically framed under the Co-operative Societies Act, which is a Central Act. But if any such regulation which infringes on the fundamental rights of an individual can be challenged in a court of law.
If you find this answer helpful, please rate my answer. Thank You.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.what rule ?
a rule passed by society members does not become gods law.
a rule passed by society members can be illegal also.
a rule passed by society members does not become gods law.
a rule passed by society members can be illegal also.
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A.You must have certain penalty clauses in the bylaws for the members who are not adhering to the rules framed by the society.
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