Inicidently the writer of this mail is Chairman of a large size Co op Housing society in Pune,Maharashtra since last few months.
Our last Managing Committee was unfortunately was terminated by Dy Registrar on account of various reasons . New committee has been now elected . However there are no. of litigations which are being contested by new MC which are mostly related to old MC . importantly most such litigations are financed by society without my tacit approval from me. As a chairman can I put up my descent note against legal expenses which are being incurred to protect the interest of the old committee. I am the chairman who do not belong to any group and i wish to remain independent and impartial while conducting my given role .
My simple query: By recording my descent note on matters which are not as per society Bye Laws , will it help me in saving me from any likely litigations or inviting strictures from government agencies ? Would you also suggest me any other precautions to avoid attracting situations where in I am likely to unnecessary get traped.
I C Naik
For deeds/miss-deeds of previous Committee current Committee can not be blamed. As you may have seen in the bye Laws there is a provision to claim any loss to the Society on account of negligence of the previous committee you can file a complaint to the Registrar to ask the previous office bearers to make the same good which includes litigation costs also,
So I suggest you get the records examined by the auditor to ascertain what liability can be assigned to previous Committee. Discuss in Committee Meeting and also in Special GBM if necessary.