Housing society forcefully collecting funds for New Ideas / Purchases
2 years ago
I live in a housing society /apartment at Bangalore containing 1300+ apartments. For any new purchase by society management above 10Lakhs bye law requires approval from owners with 2/3 majority. A special body general meeting was held on 15daysback. CCTV requirement is as follows
For Towers
3 - Elevator cameras & 4 - Basement driveway cameras - For Towers 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 18, 19)
2 - Elevator cameras & 5 - Basement cameras (For T23)
4 - Basement driveway camera will be installed (For T1, 2, 2A, 17)
For Clubhouse
23 total new cameras (3 existing cameras movedaround)
Gym - 2, Mini Theater - 1, Badminton - 2, TT - 1, Billiards -1, Library - 1, Board Games - 1, Terraces - 5, Lifts - 2, Corridor - 4, Office room - 2, Party Hall - 2, Kids play area - 1,
Others
Haralur Road facing 2 cameras
Pet poop area 1 camera
Total no of attendees were around 210. Two third majority will come to 866 Residents. They did not have required approval strength in the meeting. They said they had approval in the meeting out of those who were present and started processing/purchasing. A similar approval was obtained for buying cots +beds+Nursing staff to fight corona in the campus for six months (Expenditure around 20 Lakhs). Their claim is, it is legally binding and if they setup a meeting and and pass a resolution ,strength of the meeting does not matter, People are supposed to clear financial dues. Is our legal system setup in such a way that a person does not have financial rights and has to pay for everything the group decides. I see similar problems in other housing societies. Is that because of how our legal system for housing society is setup. Dont we have any remedies ? Has any such cases been processed in supreme court. If applying for writ what would be the process
Water infrastructure currently is on a sharing basis. It is around 2+ years since the builder has done the handover. They want to switch to metered connection model. New requirements and bulk amount apart from maintenance is being requested. The Amount is deducted from caution deposit / associated interest or added to AMC and if not payed completely and on time,interest gets added
You can move legally if it it contrary to the bi-laws you are following. You can move to High court and get justice. If there is any ambiguity in any of the provisions in the bi-laws, you can approach the court and seek court's interference.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Please check what your by-laws states about the minimum number of members and action to be taken if the situation is otherwise. If Your bi-laws mentions about the criteria and the procedure, it is important to follow that and otherwise it will amount to breach. You can move legally and get the justice.
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You may approach concerned High Court and array the builders and all the concerned including Government Departments for necessary directions. If it is brought to the notice of High Court you will definitely get some remedies.
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to form a quorum as specified in the bye-laws are present so please check what your bye-laws says about the minimum number of members required to be present for a GM and Super GM or Special Meeting to make any resolution.
Then they have the required number of members present to make the quorum the meeting in illegal and the resolution is defunct. In today's world physical presence is not possible but voting can be done electronically and its Bangalore ask your management to get the voting done digitally so that each flat owner can be voice his/her thought and democratically a decision can be taken without missing put any one.
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