I, Vandana Mahnot, have been writing to you lately and want to thank you for your prompt response. I have already given you the background of my society (trailing email). In short, I am a member of Venus Society, Mumbai, Maharashtra.
The MC by brute majority is passing a resolution that all letters written by the MC Members to any statutory body like the Deputy Registrar, Municipal Corporations etc has to be routed through either of the three office bearers, that is Chairman, Secretary, treasurer.
Sir, If these persons or the Society does anything breaking the law, am I, one of the members of the Managing Committee, not allowed to use the Society letterhead to write to the concerned authorities.
Are only these three persons allowed to use the Society letterhead specially when a resolution passed in one of the general body meetings of the society has given autonomy to each block to collect their own funds, spend it (as per law) on their own block, manage their own affairs, fight their own individual block cases out of their block funds etc.
How legitimate is it then to stop the BLOCK representative of the Managing Committee to use the Society letterhead to communicate with statutory bodies.
Please advise!!
Also please advise as the Managing committee members majority are from the big buildings they pass all Resolutions favoring them, not giving any thought to our(small buildings) objections.
Can we approach the Deputy Registrar for a separate society(C BLOCK, Venus Society) only for administration purposes.
Awaiting your reply at the earliest.
I C Naik
Functions and powers of the Hon. Secretary in every housing society are listed in the bye-laws. No individual Committee member can communicate to Government Authorities. It is the Hon. Secretary who communicates on the letter head. In 99% cases the Hon. Secretary is authorized/directed/instructed by the Committee where you have a scope to express your views. So ordinarily none of the Committee member should have a grievance. The Committee takes decisions by way of majority view so there is no concept of a brute majority.
If the brute majority makes a decision prejudicial to an identified section of members (say smaller buildings), you can raise a dispute before a Cooperative Court having jurisdiction to hear and adjudicate the dispute. Section 91 defines the disputes which a Cooperative Court is empowered to adjudicate . Relevant portion of Section 91 :
- Any dispute touching the …. conduct of general meetings, management or business of a society shall be referred by any of the parties to the dispute, …..to the co-operative Court if both the disputant parties thereto are from the following:
- A society, its committee, any past committee, ….
iii. A member…
Members of one building (one Party) has a dispute with the Committee ( the other Party) about certain decisions ( concerning conduct of general meetings, management or business of a society ) which are favouring those buildings which are represented by a brute majority members in the Committee.
There is another concurrent course of cheaper and speedier option. File a Consumer Complaint signed by members of the building which is adversely placed as compared to those buildings which are represented by a brute majority members in the Committee. It is a deficiency in service and a treatment / practice which is detrimental to the interest of some members (smaller Building Flats holders) by the Society.
The third is list out decisions evidencing treatment to minority which a man of common sense would immediately agree that there is a conscious disfavor to minority built in to the decision either of the Committee or general body meeting whatever. File a complaint to the the Deputy Registrar and make a request to exercise his power conferred under Section 18 of the MCS Act 1960 of making an order to subdivide the housing society.
You can make a friendly gesture by sending a proposal to the Chairman for splitting of society by amicable decision and formally passing a resolution by 2/3 majority. If this move fails write to the Deputy Registrar about this experience.