Dear all, I have come to know that the flat of a office bearer in a cop-operative housing society has been sealed by the financing company. The said office bearer is residing in another flat in the said society. Now, that flat in which the office bearer is currently residing is not owned by him of by any of his relative. Is it lawful of such individual as stated above, to be the office bearer of the society. Thanks Savio
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flat of owner has been sealed by the finance company for non payment of dues
2) Section 75CA1(i) EXPLANATION (e) (e) in the case of housing societies, a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under certificate of posting demanding the payment of dues, is disqualified to continue as member of the managing committee.
3) he cnanot continue as office bearer if he defaults in payment of society dues
1. Refer to the bye laws of the society as regards the election and capacity to run the office.
2. if it is civil dispute then such dispute is generally not considered to a bar to hold the office.
3. So find out the nature of dispute and the relevant clause in the bye laws of the society.
Hi
The stated reasons are enough to seek his resignation.
The committee should ask him to resign from the post.
The selection of office bearer shall be done in a general body meeting.
The bye laws would specify the qualifications of the people to be selected as office bearers.
If there is no such law restricting any member to become an office bearer, then this cannot be said to be invalid or illegal.
He may be having personal issues including criminal cases pending against him.
A decision whether to continue his post shall be taken ion a meeting to be held in this regard involving all members of the society.
