Byelaws of a housing society
Querist :
Anonymous
(Querist) 20 November 2021
This query is : Resolved
our association was formed in 2007, after which one person has been holding the secretary post on a voluntary basis, without conduction proper election, the society was registered at the beginning , after which they have not been renewing, moreover the seemed to have framed by laws to their convenience, i would like to know if the bye laws need to be approved by the registrar of association and is it right on the part of that resident to continue holding office for so many years? we feel that some illegal transactions are happening with procuring of water lorries and civil work related to the society, that is why we feel that the same person is holding the secretary post without conducting proper elections, kindly advice.
Sudhir Kumar, Advocate
(Expert) 21 November 2021
if the bye laws need to be approved by the registrar
YES WITHOUT REGISTRATION ANY CHANGE IN BYE LAWS IS ILLEGAL
is it right on the part of that resident to continue holding office for so many years?
NOTHING ILLEGAL AS LONG AS HE IS BEING ELECTED UNANIMOUSLY BY THE GENERAL BODY MEETING AND AS LONG AS YOUR SOCIETY BYE LAWS DO NOT PROHIBIT THE SAME.
we feel that some illegal transactions are happening with procuring of water lorries and civil work related to the society,
YOU HAVE TO BE VERY SPECIFIC AS TO WHAT IS ILLEGAL. HOW IS IT ILLEGAL AND ONLY THEN ANYTHING CAN BE COMMENTED.
Querist :
Anonymous
(Querist) 21 November 2021
YES WITHOUT REGISTRATION ANY CHANGE IN BYE LAWS IS ILLEGAL
so if i understand right the bye laws laid down by the society is illegal if the residential association is not registered with the registrar of societies
NOTHING ILLEGAL AS LONG AS HE IS BEING ELECTED UNANIMOUSLY BY THE GENERAL BODY MEETING AND AS LONG AS YOUR SOCIETY BYE LAWS DO NOT PROHIBIT THE SAME.
no they do not conduct elections and he keeps taking up that post on a volunteering basis, even if another person wants to take up post, he does not allow that.
YOU HAVE TO BE VERY SPECIFIC AS TO WHAT IS ILLEGAL. HOW IS IT ILLEGAL AND ONLY THEN ANYTHING CAN BE COMMENTED.
illegal in the sense that when water lorries are available at 700 rs in metro water, and private lorries are willing to charge about 1000rs per load for bulk purchase, they buy about 150 loads in a month for about 1200 rs. per load, with respect to civil work the local contractor employed is charging an exorbitant amount ( for example, we asked that contractor to just relay normal tiles in our bathroom, wherein we did work on only half the bathroom which is hardly 3 by 3 sq feet of space, for which the contractor quoted about 30000 and bargained and made it to about 22000, whereas we got the work done from another contractor for rs. 12000, with all material inclusive) when compared to other contractors, yet they do the work through him, though they pay the contractor by cheque, we feel commissions are being made from the contractor for employing him.
Dr J C Vashista
(Expert) 21 November 2021
The association is a Residents Welfare Association, which might have been registered under the provisions of Societies Registration Act, 1860 with Registrar of Societies and Firms.
Memorandum of Association and Articles of Association provide functioning of association, seek a copy from Registrar if it is not provided by the Secretary.
Go through its terms and conditions and repost.
kavksatyanarayana
(Expert) 22 November 2021
Yes. I agree with the advice of the above learned senior expert Dr.Vashista sir. Moreover, the registration of societies under the Societies Registration Act, 1860 (now amended in many states) is not compulsory. But whether the society is registered or not, the society shall prepare bylaws and maintain the minute's register, etc., If it is registered, you shall report to the Registrar of Societies of your district. If not registered, you shall file a case in District Court by consulting a local lawyer.
