Complaint against Management Commitee of Apartment Condominium Complaint against Management Commitee of Apartment Condominium

3 months ago

Our building is recently added in existing apartment condominium. Existing managing committee is spending all expenses without following rules of petty cash and without passing resolutions. No meetings are conducted by committee. Random expenses are done which are unequal for all buildings. We want to stop these unwanted expenses.

Anik

Responded 3 months ago

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A.Dear Client,
If the existing apartment owners' association is registered under the Maharashtra Co-operative Societies Act 1960, as a member of the association/society, you possess certain rights. These rights include attending general/special/annual body meetings, transferring shares, exchanging and subletting apartments/housing units, expressing opinions on maintenance charges and relevant matters during general meetings, and filing grievances against members violating bye-law provisions. Members also have the right to lodge complaints against misconduct or offenses, whether from co-residents, committee members, builders, etc. Remedial measures can be sought from competent authorities such as the Registrar/Dy. Registrar, Cooperative Societies, Co-operative Court, Civil Court, Municipal Corporation, and Police. Model Bye-Laws of Cooperative Housing Society, specifically Bye Law No 172, 173, and 174, address the redressal of complaints for members of a society registered under the Maharashtra Co-operative Society Act, 1960. In the current situation, adhering to the provisions of the society's bye-laws can collectively address and resolve ongoing irregularities within the society.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
The multistoried apartments are governed by the bylaws of State-specific Acts and rules. From the contents of the query, it is not clear under which state your apartment condominium belongs. So, as a matter of example it is to inform you that upon merging of building complex with the existing apartment condominium, you are now governed by the bylaws of the existing apartment association. If the existing apartment owners' association is registered under the Maharashtra Co-operative Societies Act 1960. you being a member of the said association/society got the right to attend general/special/annual body meetings, the right to transfer shares, exchange and sublet apartments/ housing units, the right to voice your opinion in the general meetings about maintenance charges, other relevant issues, file grievances against other members who are violating the provision of the bye-laws, etc. A member has the right to file official complaints on the misconduct or offense that the member faces in the society (from co-residents, committee members, builders, etc.), and a member also has the right to approach the competent authorities for remedial measures, including the Registrar/Dy. Registrar, Cooperative Societies, Co-operative Court, Civil Court, Municipal Corporation, and Police, among others, seeking redressal of the complaints. 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. In the prevailing situation, following the provision of Bye-laws of the Society, you may collectively resolve the ongoing irregularities of the Society
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