Sasikumar (Managar) 09 March 2012

Bye laws and resolutions

I have an apartmen in bangalore, t where 220 flats are there.

Recently our association passed on resolution to levy fine of rupees 1000/- on those who don't attend the AGM with voting or in agreement of 70 members approximately. The main intension for this to get all of them and see how fast they can conclude on issues and get the voting. we understand true spirit of it and we are also ready for any electronic or online voting.

Some of the them like myself have apposed this , but they say by bye laws whatever the association finalize is the rule to be followed strictly. Have multiple rounds of arguement with our association and still no results. I see these association members have some kind of syndrome like they are the president and secretary etc. and they continue pass on such rules.

I am not sure the bye laws allow to take any such resolution to harrass the owners like this. please clarify.

Can this be legally challenged? if so let me know the procedure whether it should start ffrom complaining at police station or should be directly taken help from lawyer and send notice. Also if the case have to be filed whom it should address to in apartment.

pls clarify..

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3 Replies

Sandeep Naik (Advocate) 10 March 2012

U have not mentioned whether u were aware of the meeting/s (AGM / SPL. AGM ETC). Whether u informed about ur inability to attend ( by sending any notice or even by SMS). If so, then inform the Registrar . No need to appoint any adv.

Sandeep Naik( Advocate High Court - Mumbai)

Mob: 99670 56980 Email : sandystorm_1995@rediffmail.com

Sasikumar (Managar) 10 March 2012

I have checked with Association and they told no excuse for bangalorean no matter they stay in apartment or fine.

so they are going to fine those who don't appear.

My questions, can association can pass such resolution penalize members who are not attending meetings? is this not illegal or taking things for granted that they can harrass any owners like this or not.

pls advise whether this is legally possible to pass on such resolution.

Sasikumar (Managar) 13 March 2012

My association is sticking on to their resolution of penalizing the members who don't attend the EGM/AGM meeting with Rs.1000/- as fine. Even after repeated discussion, this is not getting resolved.

They are telling such resolutions are made at AGM jointly with 70+ members(out of 220apt) and hence they cannnot change their stands... They have told me to challenge this any court as they feel they are going by bye laws. They don't feel forcing people to come or fining them is correct. I feel which wrong and you cannot really penalize if someone don't vote or did not come for meeting.

It is going on very extremely between myself and association. I want to take a legal advise on this and i don't see much response as well.

It will be great if i can get few pointers on apartment association laws. Also need a lawyer to start this challenge as i see more and more committee members in association are going beyond their limits.

pls let me know the lawyer who can take up this activity in bangalore.

Also i would like to know how long it will take to get the judgement from court, what is the related expense and what will be punishment for those taking such laws into their hands.

-SASi, 9880349175