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shalini   14 May 2017

Ksra housing association demanding amc with conducting agm

Dear Sir/ Madam, 
    The housing association I live in is registered under KSRA and has issued AMC (Annual Maintenance Charge) demand without holding an AGM. When asked the Managing Committee have responded with "An EGM or AGM decides the AMC applicable for the year and until another AGM or EGM revises it , the previously decided AMC remains valid".and are using this as justification to carryover and use previous year's AMC to this year. They are also threatening to levy a penalty on anyone who does not pay within 25 days of the demand.

    Is the association's.demand for AMC without holding an AGM, without presenting the accounts for previous year and without presenting the budget for this year valid and legal?

 I appreciate your response.



Learning

 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 May 2017

What is KSRA, Karnataka Societies Registration Act or Kerala Societies Registration Act or any other? The rate of levies fixed at a particular AGM will continue to be valid until and unless they were changed at another AGM or EGM. Not holding AGM and not submitting annual audited accounts is a separate issue to be separately taken up. The Association can also levy penalties if there is such a provision in the byelaws and resolution passed in AGM or EGM. If there is such a provision in byelaws, even Managing Committee can fix penalties.

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