Defaulter member and non member(occupier) can vote in agm of housing society.

arunkumark (Querist) 07 March 2012 This query is : Resolved
In a regd housing society a member is not paying the society charges but enjoying all the facilities and amenities of the society.Another member bought a flat but has not applied for society transfer because the previous owner was not society member.
what rights these two members/occupier can have in society working.whether they can be called for general body meeting and they have the right to vote.What legal action can be taken against them.

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Raj Kumar Makkad (Expert) 07 March 2012
The voting right of both the persons can be denied by society and the arrears can be got recovered through a court decree by selling their belonging as a land revenue.

Deepak Nair (Expert) 07 March 2012
They have no right to vote in AGM.

You can file a suit for recovery of unpaid dues.

Kirti Kar Tripathi (Expert) 07 March 2012
So far as non member(occupier) is concerned, he can be permitted to vote but as regard to defaulter is concerned it depends on decision of executive council.

Kirti Kar Tripathi (Expert) 07 March 2012
non member does not have right to vote.

Guest (Expert) 07 March 2012
There is a difference between the defaulter member and a non-member.

While a non-member does not have any say or the voting right in the activities of the society, voting right of a defaulting member depends upon the majority decision through properly passed resolution in the AGM.

ajay sethi (Expert) 07 March 2012
a defaulter cannot particpate in deliberations nor vote in AGM . you can take recovery proceedings under section 101 of mahrastra coopertaive socieites act if you are in mahrashtra

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