Association bye-laws
Thyagarajan
(Querist) 05 August 2012
This query is : Resolved
A member of the apartment owners association,using a right under article 226 of India sued corporation of Chennai on an issue, outcome of which will be beneficial to other owners of association as well. The Secretary of the association the who is the person authorized to sue the outside agencies as per by Bye-laws was of the view he need not file a separate petition as he had no dispute in cause of action of the member.He issued a letter to the member accordingly.The case went in favor of the member. When the member approached the Secretary to reimburse the cost of filing the case he refused saying the letter was issued without any obligation that the Association will clear the bill for litigation.So the secretary felt the action of the member will be only taken as some good work done without obligation. Was he right.
ajay sethi
(Expert) 05 August 2012
yes secretary is absolutely right . the association has not passed any resolution for filing the case against corporation .
nor has any letter been given in writing that expenses for litigation will be reimbursed by the association .
member has to pay the costs
