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Nilesh Hiremath (Engineer)     08 April 2013

Committee roles & responsibility - members not co-operating

We have a problem. Ours is an appartment association in pune of 15 flats.

1. Member A has illegally put grill around his parking lot. The committee members pointed this to him and he is adamant and not willing to remove it. As it is not so much of a problem, the committe members did not persue it further.

2. Member B who has a personal grudge against Member A is after the society members to get the illegal grill removed. Committee has shared the list of actions taken & helplessness to get necessary objective.

2.1 Member B complained in the PMC ( Muncipal corporation ) about illegal encrochment. The PMC issued a notice to Member A. Member A has not responded to that also.

2.2 Member B has issued a legal notice to the Committee members about inaction of getting the parking lot dismantled. The committee sought help from lawyer to reply the legal notice..

3. It so happens that both member A & Member B have stopped paying the society dues for more than a year now. This is affecting the day to day operation of the society. We need your help in this.

1. What is the responsibility of the committee in such cases ? Has it been fulfilled by the existing committee or no ?

2. How does the committee make/convince both the Members A & B to pay the dues ?



Learning

 1 Replies

sibojyoti chakrabarti (advocate)     11 April 2013

In that case at first the society is required to prohibit member-A, from constructing any permanent structure without the socirtys permission. If it is already constructed then after giving reasonable opprtunity to member-A, the society should remove the structure put by member-A, after properly intimating the municipal authorities about the entire incident and also the society should inform the matter t oca police station.

After that legally Member-A, cxannot do anything and member-B, would automatically be relaxed and that would also close his chapter.

With regard to payment of fees the society should intimate in writing both the members to pay their fees failing which the society would take legal steps against them. Then even if after that they neglect or do not pay fees, the society can move before the cooperative societies tribunal if the society is registered.

 

 

With Regards;

Sibojyoti Chakrabarti

EMAIL: sibo.chakrabarti@gmail.com


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