A K Dubey
We are a housing society with 12 houses in all, registered with the Registrar of Co-op Hosing Society, Pune.
We have following queries
1. The society till date has not adopted Bye-Laws per laid down procedure, They say that we wrote to Registrar and that is enough. No written approval obtained from Registrar. As per chairman, Registrar does not sign such docus. Please advise. Is this contention correct ?
2. Some of the other members have formed a coterie or group and they keep taking decisions on their own arbitrarily and misusing society funds. No written budget approval is obtained and amounts spent. Pl advise what to do. The wrong doers are in majority.
3. The secy made a bill for our DU which was by mistake high. The bill was corrected in MC Mtg. But in next mtg thay said the MC cannot correct bill. It will be done in GBM or SGBM and voting done. We know these people will vopte against us. Pl advise. Chq has been paid for correct amt. As per them that as per law, this cannot be done. Pl intimate if a bill for scty charges was made, which was incorrect, bill corrected and paid, Can the Secy or CMan now say that bill was a mistake and member has to pay in full.
4 Could we also ask query on phone also? And at what time of the day?
Kindly advise,
I C Naik
Response
1. Housing societies need not adopt new Bye Laws every time they are approved. They can keep functioning as per registered Bye Laws.
2. Without the managing committee authorizing Secretary and one other member nobody can draw society funds from bank account. Cooperative society being a democratic organization majority decisions prevail as long as there is nothing illegal about.
3. Bills for society charges have to be uniform for all members and amount is to be determined by the managing committee in a manner provided under the Bye Laws.
4. If some members are sure of the managing committee doing wrong they can submit a memorandum to the Dy. Registrar of the Ward who has powers to order inspection of books.
5. Answers to questions on cooperative society matters can not be given on phone as every question requires proper study before formulating appropriate answer.
