Amol Wazalwar
We have situation where owner A ( member ) brother has created nuisance ( fighting with other owner (B )). For the same police complaint has been launch against owner A brother by owner B. Further they have allegation that brother of owner A ( same person) is molester member B daughter ( no proof) . Need your view on following issue
Some facts
1.Member A brother is not married ( age 35 year)
2.Member A do not live in India
3.Where society has power to take any action in such case inside the society of it is completely police case and do not fall under the society power
4.What possible action can be taken by society
5.Where brother can be consider as member of facility ( legally )
6.Legal clause for any of above points
Member B request society to take action and throw Member B brother out of society
I C Naik
The Member (A) has in fact parted with possession of the flat without permission of the Committee as do required under Bye Law No 43. Look at Clause (2) thereof.
No member shall be permitted by the Committee to sub-let, give on leave and license basis or care-taker basis his flat or any part thereof or part with its possession in any manner unless:
(i) he has made an application in the prescribed form;
(ii) he has furnished the application for nominal membership of the proposed sub-lettee, licensee, care-taker or possessor in the prescribed form;
The Occupant is allegedly found to be causing nuisance. If a large number of members feel that the compliant against the occupant could be true also, a peaceful process is sending a Notice of Expulsion of a Member for breach of two bye laws 49 and 52(a)
49.(a) No member shall do or suffer anything to be done in his flat which may cause nuisance, annoyance or inconvenience to any of the members of the society or carry on practice which may be repugnant to the general decency or morals of the members of the society.
(b) It shall be competent for the Committee either sou-moto or on receipt of the complaint from any member, to take steps to stop all such practices referred to in the bye-law No. 52(a) forthwith.
52.(a) The cases of expulsion from the membership of the society shall be dealt with in the manner provided under Section 35 of the Act, read with Rules 28 and 29 of the Rules.
(b) Expulsion from membership may involve forfeiture of the shares held by the member. Where the Committee decides that expulsion from membership should also involve forfeiture of the shares, it shall make necessary reference to the proposed forfeiture of the Shares in the notice to be issued under Rule 29 of the Rules.