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Sathyanarayanan R (Retired Software Professional)     22 February 2014

When no office bearers take charges in apartment association

In our apartment there are 51 flats and an office of a company. Our association was registered in 1992; but it is not renewed after expiry of registration. Even then, it is functioning with President, Secretary, Treasurer and Executive committee members so far. The elected office bearers in last year (2013)AGM (Annual General body Meeting), have not taken charge; subsequently, every month an EGM (Extra-ordinary General body Meeting) is conducted to elect office bearers. Till now the office bearers are continuing their services so that day-to-day maintenance of premises to go on. For these EGMs, attendance were poor even though there were needed quorums. This is happening because one owner is disturbing the meeting and not allowing the meetings to be conducted. He is forcing to fulfill his baseless allegations. So, our office bearers are resigned in the last EGM. Association has given time to members to come out with new office bearers elected themselves or take charge by any other methods. For your information, association has a room at terrace, Electricity meters and distribution box room at ground and 4 watchmen & 2 sweepers.

Now, my question is that if no one comes forward to take charge, then what can office-bearers do to handover the keys, accounts and cash? Is there any procedure to hand over these and/or association to some organizations or others like court, etc?

Please reply with law code reference at the earliest so that we can decide. Please let me know if you need any more info.

Thanks.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     23 February 2014

your bye law will be a bible on this issue, please go through the same once again and consult a local lawyer and proceed further.


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