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AGM decision change
4 months ago
In AGM they have decided to increase maintenance payment. 6 month back only they increased it. Some of resident are against it. They are telling reason that in AGM it’s decided and final. What to do now to change it ?
A.Dear Client,
If residents are dissatisfied with the decision to increase maintenance payments, there are certain steps they can take to address their concerns. Firstly, residents should gather support from fellow residents who share similar concerns about the increase. Once a collective stance is formed, residents can request a meeting with the management or committee responsible for the decision.
During this meeting, residents can express their concerns, provide reasons for their opposition, and propose alternatives or compromises. It's crucial to maintain open communication and seek clarification on the reasons behind the increase. Residents may also inquire if there's a possibility to revisit the decision based on the collective feedback.
If the management remains firm on the decision, residents can explore the option of circulating a petition among the community members who oppose the increase. This petition can outline the specific concerns and be presented to the management or committee. Additionally, residents can check if there are any provisions or bylaws within the housing society that address concerns related to fee increases.
If all attempts to address the issue within the community fail, residents may consider seeking legal advice to understand their rights and options. However, legal action should be a last resort, and it's advisable to attempt amicable resolutions first to maintain a harmonious living environment.
Thankyou
If residents are dissatisfied with the decision to increase maintenance payments, there are certain steps they can take to address their concerns. Firstly, residents should gather support from fellow residents who share similar concerns about the increase. Once a collective stance is formed, residents can request a meeting with the management or committee responsible for the decision.
During this meeting, residents can express their concerns, provide reasons for their opposition, and propose alternatives or compromises. It's crucial to maintain open communication and seek clarification on the reasons behind the increase. Residents may also inquire if there's a possibility to revisit the decision based on the collective feedback.
If the management remains firm on the decision, residents can explore the option of circulating a petition among the community members who oppose the increase. This petition can outline the specific concerns and be presented to the management or committee. Additionally, residents can check if there are any provisions or bylaws within the housing society that address concerns related to fee increases.
If all attempts to address the issue within the community fail, residents may consider seeking legal advice to understand their rights and options. However, legal action should be a last resort, and it's advisable to attempt amicable resolutions first to maintain a harmonious living environment.
Thankyou
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A.Dear Client,
Bye Law No 172, 173, and 174 of Model Bye-Laws of Cooperative Housing Society deal with the redressal of complaints of a member of a society registered under the Maharashtra Co-operative Society Act, 1960.. Bye Law No 172. Complaint application(preferably mass complaint) to be submitted to the Society. Bye Law No 173. Committee's action on the Complaint Application - After receipt of such complaint application, the committee shall take a decision thereof, in the immediate next Managing Committee meeting. Such decision shall be communicated to the concerned Members, within 15 days thereafter. Bye Law No 174 - If the Member/Members are not satisfied with the decision of the Committee, or do not receive any communication from the Committee within 15 days, the complainant Members may approach the Co-operative Court as per Bye Law No 174(b) of Model Bye-Laws. The Co-operative Court adjudicates the disputes between the Members and/or the Members and Society including the dispute related to exorbitant increase of Maintenance charges by the Managing Committee of Society amongst others which falls under Section 91 of the MCS Act 1960. So, when it appears to you that an arbitrary resolution increasing the maintenance charge passed in a quorumless AGM without a majority vote by the Managing Committee of the Society, you may follow the aforesaid steps collectively to resolve the issue.
Bye Law No 172, 173, and 174 of Model Bye-Laws of Cooperative Housing Society deal with the redressal of complaints of a member of a society registered under the Maharashtra Co-operative Society Act, 1960.. Bye Law No 172. Complaint application(preferably mass complaint) to be submitted to the Society. Bye Law No 173. Committee's action on the Complaint Application - After receipt of such complaint application, the committee shall take a decision thereof, in the immediate next Managing Committee meeting. Such decision shall be communicated to the concerned Members, within 15 days thereafter. Bye Law No 174 - If the Member/Members are not satisfied with the decision of the Committee, or do not receive any communication from the Committee within 15 days, the complainant Members may approach the Co-operative Court as per Bye Law No 174(b) of Model Bye-Laws. The Co-operative Court adjudicates the disputes between the Members and/or the Members and Society including the dispute related to exorbitant increase of Maintenance charges by the Managing Committee of Society amongst others which falls under Section 91 of the MCS Act 1960. So, when it appears to you that an arbitrary resolution increasing the maintenance charge passed in a quorumless AGM without a majority vote by the Managing Committee of the Society, you may follow the aforesaid steps collectively to resolve the issue.
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