I would like to check on the following:
I live in a society in Tilak Nagar, Chembur. We are 64 members. Recently that is in December 2016 we had elections and Registrar had come to conduct the same.
Only 8 nominations had come and all 8 were selected for the post. (i.e, Chairman /secretary/treasurer and committee members).
The Secretary who was chosen I objected to him to the Registrar there and then. The Secretary had to pay Maintenance dues for the last eight months secondly the Secretary was not living in the building he only had his office in his residential premises and used to come in the morning sometimes. Yet the Registrar chose him, as there was some setting with them.
Now of late we came to know that the Secretary is the second holder of the property as we saw the Share certificate. My clarifications would be for the following:
How can a second holder of the share certificate become a Secretary? He has some fights with his wife and secondly no Form of ‘Associate Membership has been given by his wife who is the first holder. During the last committee meeting one of the members told him to leave the seat which he heard and sat the opposite direction. Now he says he has prepared papers for the same but still has not called for any meeting. One share transfer has to be done which is pending. Can we treat him to be a Secretary of the society?
Also the Chairman of our society is already a Chairman in some other society. Can he become one at this building? Further last week some due to his past deeds some people came and took him for investigation with regards to some building redevelopment matters of the building where he is Chairman.
Now we want to remove the chairman and secretary. All the committee members are fed up as he never calls for committee meetings despite reminders.
I C Naik
Dear Lydia
Most housing societies have one or other issue with the managing committee – Chairman Secretary. Setting irregularities a also illegal appointments is a tough task largely because the Dy. Registrar’s office has its own codes of conduct in solving problems of straightforward cooperators. Even in violating provisions of the M C S Act 1960 they do not hesitate many times they do not understand the provisions themselves.
Protracted litigations are not possible to pursue for one or two members. Well-meaning members need to make concerted efforts against the menace of a hopeless minority.
Further course of action I will let you know as soon as you are in a position to muster support of at least about 1/5th of the total membership.