Harassment the society committee
shailendra khatri
(Querist) 13 August 2016
This query is : Resolved
One of the member who is a joint holder in the property but not an associate member is demanding accounts copy for last 7 years and also demands many other relevant details from the society. Can the managing committee deny him because of his status as simply joint holder? His intentions are simply seems to harass the managing committee by hook or crook.
Ms.Usha Kapoor
(Expert) 14 August 2016
Dear client,
AS a Joint holder of the property he has right to demand all the relevant details of the accounts of the property. I opine that he is within his rights to demand such details as account from the society. You comply with his request.If according to your society's constitution and bylaws it is out of his power or ultravires you can initiate legal proceeding claiming injunction against his unauthorized interference into your society's affairs.
Rajendra K Goyal
(Expert) 14 August 2016
He can ask, no harassment to management on such request.
P. Venu
(Expert) 14 August 2016
What s the real issue?
M V Gupta
(Expert) 15 August 2016
Hope ur society has adopted the latest Bye laws. Bye law 22Aread with 19B provides that no member shall exercise the rights of member of the Society until he has made an application for allotment of shares and paid the prescribed fee for the same.An associate memebr should pay rs 100 seperately. As u have stated that the Jt holder has not been admitted as AM, u may advise him to first get himself admitted as AM in order to enable the Society to furnish the records etc.
Hemant Agarwal
(Expert) 15 August 2016
1. ONLY the "primary member" (First member) can duly demand documents from the Society. The Second joint member/s (associate member/s) suo motto CANNOT demand any documents from the Society.
2. HOWEVER, with the prior written consent of the "primary member" (First member), the Second joint member/s (associate member/s) can duly demand documents from the Society.
3. It would be a prosecute'able deficiency and negligence on part of the Society to deny documents to its registered members.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
M V Gupta
(Expert) 15 August 2016
I agree with the further clarification given by Shri Hemant Agarwal. The joint holder after getting himself admitted as AM should get the permission or consent of the primary member authorizing him to get the documents from the Society.
cherukuri prasad
(Expert) 22 August 2016
He has right to ask the managing committee