I am a managing committee member of a cooperative housing society. A common hall in the society was altered and repurposed for religious activities by an independent entity without any official approval from municipal authorities. The entity operates separately and does not report to the society committee.
Since I recently joined the committee, I am concerned about potential legal liability in case municipal authorities issue a notice in the future regarding unauthorized construction. As per my understanding:
- No official approvals were obtained from municipal authorities for these alterations.
- The previous committees did not formally authorize the construction.
- A separate entity has been managing all activities and funding the construction, without involving the society committee.
- The society committee has not taken part in any construction or modification work.
My queries are:
- Can current managing committee members be held personally liable for unauthorized construction they were not involved in?
- If authorities issue a notice, will liability fall on the current committee, the previous committees, or the entity responsible for the construction?
- Would passing an AGM resolution clarifying that the society committee does not permit any further modifications and that all past work was done by the separate entity help in safeguarding committee members?
- Are there legal provisions that allow formalizing the existing structure through proper documentation or agreements?
- What is the best legal course of action to ensure that society committee members are not held accountable for past unauthorized modifications?
I would appreciate any legal guidance on this matter, including relevant laws, case precedents, and possible steps to regularize the situation while protecting the interests of society members.
Thank you in advance for your advice.
