Housing society
2 months ago
I live in a residential society whose AoA has been termed illegal by the dy registrar of societies. Also a debit freeze has been placed on the society bank a/c.
But the ex secretary of this illegal AoA continues to exercise her powers and is not interested in holding fresh elections . She is extremely manipulative and misusing her professional powers to take society hostage.
Society bills are pending for last 2 months.
What should be done (Gautam Buddha Nagar, Uttar Pradesh)
You have two options. You may immediately lodge complaint with the Local Police to register a case against Ex secretary for misuse of funds of the association. Secondly you may again approach deputy register of societies to lodge a complaint against her.
When the competent authority declares an Apartment Owners Association(AOA) illegal and derecognizes its recognition, all the powers of the association or society get seized and infractuous. In such a state of affairs, if the governing body members of a derecognized or dissolved society continue their activities then, that must be protested by the resident members of the society by filing a mass petition/complaint before the Register or Dy. Registrar of the Cooperative Societies who may suo moto action following the provision of state-specific Cooperative Societies Act and Rules. As per Bye-Law No.125(b) applicable to the society registered under the Maharashtra Cooperative Societies Act, 1961, the Officer of the Society shall hold office for 5 years from the date on which he is elected to be the Chairman as the case may be the Secretary and Treasurer but not beyond the expiry of the term of the Committee. Provided that he shall cease to be the Officer if the motion of No Confidence is moved in the special meeting of the Committee called and presided by the Registrar or such officer not below the rank of an Assistant Registrar upon the notice given by 1/3rd Members of the Committee and the motion of No confidence is passed by the 2/3rd Members present at such meeting, who are entitled to vote at the election of such Chairman, Secretary or Treasurer. The Registrar may take necessary action as provided under section 77 A of the Act. However the existing Committee shall continue to carry on with only the routine functioning of the Society, till an alternate arrangement is made by the Registrar.
Since the Deputy Registrar has already declared the AoA (Articles of Association) illegal, submit a formal written complaint to the Registrar of Societies about the current state of affairs, highlighting the illegal nature of the AoA, the pending bills, and the refusal to hold elections. Request immediate intervention to dissolve the current body and enforce the election process.
If the ex-secretary is misusing her position or power to manipulate others or engage in unethical practices, you may need to file a police complaint. Highlight any illegal or coercive activities that may be taking place. Gather all the other members of the society who are facing same issues to lodge the complaint.
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