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Mitesh Doshi   26 December 2024

Society issue

We are registered Co-operative Housing Society in Mumbai and have an administrator attached to our society recently under section M77 due to Managing Committee of the society not conducting elections in last 10 years. We would like to remove the exisitng staff of the society i.e. the watchmen and liftmen as they have been non-performing their duties as well as getting their family members to stay with them in society compound premises due to non-exisitence of MC. In the last MC meeting that had happened in June 2024 the society staff had been clearly informed that their family members are not allowed to stay in society premises and they had agreed to it. The society members are well aware of the society staff's  unprofessional behaviour and would like to get rid of them. So my question here is due to the presence of administrator in our society under section M77 and non-exisitng MC can we members of the society remove the exisitng society staff and replace them with the new staff. The society staff in question are the watchmen and liftmen of the society. Note - the administrator when asked about internal issues of society has replied that he is here for checking the issues why society elections not conducted in last 10 years and then conducting the elections apart from that he has no other work to take up. So require your guidance here.

Awating reply.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 December 2024

Given the presence of an administrator in your Co-operative Housing Society under Section M77, it's essential to understand the scope of their authority.

Since the administrator has stated that their primary focus is on addressing the election issues and conducting elections, it's unclear if they have the authority to intervene in internal matters such as staff removal.

Key Considerations -

*Administrator's Authority*: Clarify the administrator's powers and limitations under Section M77 to determine if they can assist with staff removal. -

*Society's Bye-Laws*: Review your society's bye-laws to understand the procedures for staff removal and replacement.

- *Due Process*: Ensure that the staff removal process follows due process, including providing the staff members with adequate notice and an opportunity to respond.

Possible Steps 1. *Seek Legal Advice*: Consult with a lawyer specializing in cooperative housing society laws to understand your rights and obligations.

 2. *Document Staff Issues*: Maintain a record of the staff's non-performance and unprofessional behavior to support your case for removal.

 3. *Notify the Administrator*: Inform the administrator about the staff issues and seek their guidance on the removal process.

4. *Follow Bye-Laws*: Adhere to the society's bye-laws and procedures for staff removal and replacement. Additional Guidance For guidance on managing underperforming employees, you can refer to resources such as AIHR's article on "15 Actionable Tips for Managing Underperforming Employees".¹

However, in your case, it's crucial to prioritize the specific laws and regulations governing cooperative housing societies in Mumbai.

T. Kalaiselvan, Advocate (Advocate)     26 December 2024

In the absence of an elected committee, an administrator in a housing society is appointed by the Registrar to manage the society's affairs: 

The administrator takes on the committee's powers and responsibilities 

The administrator ensures the society continues to operate 

The administrator arranges for elections to be held by the State Co-operative Election Authority 

The administrator hands over management to the elected board once the new committee takes office .

About removing the watchman and the liftman from their job, it is a mjor decision which has to be taken by majority mermbers in the absence of an elected body, provided the Administrator appointed by the Deputy registrar to manage the society affairs is not effectively carrying out the management of the society. 

Mitesh Doshi   26 December 2024

Ok noted thank you.


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