Housing society member's rights to attend agm

If you restrict a member from attending the meetings it will against the settled provisions of the act, i.e you cannot restrict a member from attending the meetings.

Regards

1. The "defaulter member", has "EVERY & ALL" the rights to exercise his membership rights in the Society, irrespective of anything.

2. The above SIMPLY means that a defaulter member, "CANNOT BE STOPPED" from exercising his membership rights (which-so-ever), while successfully continuing to "stop payment of his CHS outstanding dues", for whatever reason.

3. Even the Coop. Registrar (DR, AR, Coop. Court or whosoever), has no authority to restrain/restrict a "defaulter member", from exercising "any & all" rights of his membership.

4. A defaulter member, CANNOT BE STOPPED, from using any "common amentities and services" of the Society, IRRESPECTIVE OF "ANY" REASON, whatsoever, which includes taking his pet dog up-down the CHS lift, Parking Car, Using Water + Security + Garden + Sweeper services, attending SGM/AGM meetings, proposing and seconding resolutions. HOWEVER, a defaulter member will not be able to contest elections or continue/remain on the Mg.Committee post.

5. IF the CHS is aggrieved, THEN the simple options are to Wind-up the CHS .OR. to file "recovery proceedings u/s 101 of the MCS Act", to recover its dues, "IF" it is recoverable, since a smart defaulter could successfully remain a defaulter for years together and still continue to enjoy all the "common amentities and services" of the Society, AND successfully continue to frustrate the CHS /MC, in the Coop. Court.

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar