A S (.) 05 December 2024

No action by housing society secretary despite repeated reminders

I am a member of a housing society and want to send legal notice to the society on some matter: I would like to know the opinion of the expert/lawyers on my below query,

(1) The Legal Notice would be addressed Only to the Signatories (i.e. Chairman, Secretary & Treasurer) or Society MCM (all managing committe members) or to the Society???

(2) To reply to the legal notice, if advocate services are availed by society, the advocate fees will be paid by the MCM collectively from their own pocket or it will be paid from Society Funds or it will be added to only my maintenance bill or from all the flats maintenance bills or it will be paid only the Signatories ???

What does the Co-operative Societies act states on this issue. Pl reply

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5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 05 December 2024

For which purpose do you want to send legal notice to the society? The correspondence be addressed to the Society represented by the Secretary. You will send legal notice to the society, that the expenditure if any shall be by the society only not from the signatories.

A S (.) 06 December 2024

I have read in this forum itself that in one incident when one member of the society send legal notice to the same society, the advocate fees is being added to that member, hence i need clarification on this aspect is this legal/allowed, then whats the point of complaining against the society in the court.

T. Kalaiselvan, Advocate (Advocate) 06 December 2024

1. If the grievances are against the society in common then you can address it to President alone and if any management committee member is acting in his individual capacity then you can take action against the individual.

2. No. The expenses are to be borne by society

A S (.) 12 December 2024

pls suggest/refer experienced lawyer in thane, mulund, bhandup area to help with legal notice to society.

Anshu Sharma (LAWFINITY SOLUTI 12 December 2024

Please share your contact details, and we can share the matter further with legal experts on the call. The intial consultation can be free of charge, looking forward to connecting.