LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chitra Srikanth (Consultant)     22 July 2013

Housing society member's rights to attend agm

Does the housing societies act allow the president/secretary of a housing society to bar a member of the society from attending the AGM of the society on grounds of non-payment of maintenance charges? 



Learning

 2 Replies

HIRAL THAKKAR (ADVOCATE )     22 July 2013

If you restrict a member from attending the meetings it will against the settled provisions of the act, i.e you cannot restrict a member from attending the meetings.

 

Regards

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 March 2014

1. The "defaulter member", has "EVERY & ALL" the rights to exercise his membership rights in the Society, irrespective of anything.

 

2. The above SIMPLY means that a defaulter member, "CANNOT BE STOPPED" from exercising his membership rights (which-so-ever), while successfully continuing to "stop payment of his CHS outstanding dues", for whatever reason.

 

3. Even the Coop. Registrar (DR, AR, Coop. Court or whosoever), has no authority to restrain/restrict a "defaulter member", from exercising "any & all" rights of his membership.

 

4. A defaulter member, CANNOT BE STOPPED, from using any "common amentities and services" of the Society, IRRESPECTIVE OF "ANY" REASON, whatsoever, which includes taking his pet dog up-down the CHS lift, Parking Car, Using Water + Security + Garden + Sweeper services, attending SGM/AGM meetings, proposing and seconding resolutions. HOWEVER, a defaulter member will not be able to contest elections or continue/remain on the Mg.Committee post.

 

5. IF the CHS is aggrieved, THEN the simple options are to Wind-up the CHS .OR. to file "recovery proceedings u/s 101 of the MCS Act", to recover its dues, "IF" it is recoverable, since a smart defaulter could successfully remain a defaulter for years together and still continue to enjoy all the "common amentities and services" of the Society, AND successfully continue to frustrate the CHS /MC, in the Coop. Court.

 

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register