Urmila Arora
I am a woman member in the Managing Committee of our Housing society. There are 4 other male members. Our society is going in for redevelopment. Many rules and regulations are not followed by our society; specially the managing committee members to which I keep objecting regularly. To avoid any question they normally take decisions or arrange and attend meetings at important platforms such as with the developer or the accountant without even informing me. I feel this is illegal and they are conniving as they have not so honest intentions.
can you please clarify am I right in thinking that this is not legal; and if so, under what sections and what is the remedy or further course of action to be taken.
I C Naik
REDEVELOPMENT in many societies are per se illegal because these Societies’ Bye laws do not have an object to undertake redevelopment. It is possible that at a future date members of managing committees undertaking redevelopment may come under scanner for one or the other reason and this lapse may become a bone of contention.
Committee has to follow democratic process and keep all its members in loop for every committee member is jointly and severally answerable for any lapses under Section 731AB:
(1AB) The members of the committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the society. The members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society.
For members like Urmila Arora there is a gate way in this Proviso and she is advised to send appropriate communication to the Registrar as provided in the same.
Provided further that, any member of the committee, who does not agree with any of the resolution or decision of the committee, may express his dissenting opinion which shall be recorded in the proceedings of the meeting and such member shall not be held responsible for the decision embodied in the said resolution or such acts or omissions committed by the committee of that society as per the said resolution. Such dissenting member, if he so desires, may also communicate in writing his dissenting note to the Registrar within fifteen days from the date of the said resolution or decision. Any member, who is not present for the meeting in which the business of the society is transacted, and who has not subsequently confirmed the proceedings of that meeting, such member shall also not be held responsible for any of the business transacted in that meeting of the society.