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sachinjune16 (SSE)     12 March 2012

Minority agm forcing unjustifying resoultions on entire soc

Hello Sir, I own a flat in a pune based co-op hsg soc. of 200 members. Issue is that in AGM only few around 28 out of 200 (14%) members and present. Eleceted members of managing comitte, chairman, Secretory etc form 20/28 of present members. These comitte members do use to propose new funds / expenses to be paid for all 200 members in every AGM. - 90000 pm is soc income from interst on 1 time deposit of around 70000 per member - Apart from that they ask members to pay - 440 per member per month for maintance - 1800 per member per year for syncing fund - 200 per member per month for replacement fund (for replacing any amenities related item such as lift (?), solar panels etc) - 130 per member per month for payment of premium of insurance of soc. All these items constituted 11000 to be maintance per member per year (aparting earing of 90000 interest per month by soc) Problem is since most of soc members remain absent, such resolutions go get passed in AGM (as all comitte members are present who propose such items) However many members (i guess 40%) do not pay such changes and still soc works as it had already asked for twice than needed amount as maintance which is paid by 60% members). Can such resolutions passed by 20/28 members in AGM in a 200 member co hsg society be challenged? where and how? Also managing comittee has not given any account statements/balance/income-expenditure statemens and also not disclosed list of defaults even after requested in AGM. can such newly elected managing comitte be terminated /dissolved by members of socitey who are not part of managing comitte? such as undue maintance (even after paying 70000 as one time deposite at time of purchase by all 200 members, month interest of which should be aroud 90000), replacement fund rs 200 per member p.m. ,fund of 200 per member pm for insurance premium of soc payment


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 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 March 2012

1.  For grievances / issues relating to AGM resolutions, the member has to file complaint with the district coop. court.


2.  For grievances / issues relating to documentations (minutes, account statements/balance/income-expenditure statements,  list of defaulters,  the member has to file petition before the ward registrar of coop.


Alternatively, the member can also file a complaint before the district Consumer Court.


Keep Smiling .... Hemant Agarwal

sachinjune16 (SSE)     13 March 2012

Hello Sir,

Thank you for your valuable advice. Will consult with few more genuine members and take this with further with dist. co-operative court and registrar.

 


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