• Harrassment by apartment secretary

Dear Sir/Mam,
I won a flat and I am residing there, there are 15 flats in total in the apartment, a month or so ago, the secretary has come up with an idea that we need to fix a lot of things in the apartment and also get it painted. They started collecting a corpus fund of ₹1000 since Dec 2017 along with the maintenance of ₹1500 per month. Then in the month of Feb 2018 he the secretary asked each one of the owners to pay ₹50,000. For all these activities which excludes the corpus fund amount we are already paying. Now I cannot suddenly afford to pay such an amount, so I suggested to him that I can pay ₹1000 more every month and when I come across some extra money I will put in more, this person doors not seem to understand my problem, he is harassing me on a daily basis that I need to pay. Please advice what can be done here as since Feb I work in another city and come home during the weekends and my wife and two daughters stay there.
Asked 4 years ago in Property Law
Religion: Hindu

11 answers received in 1 day.

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13 Answers

1. Have you asked the secretary for what particular purpose he is demanding 50k from each owner

2. Also is a resolution passed with majority vote that the above amount has to be charged from each owner?

3. The secretary cannot unilaterally impose any amount and require it to be paid by the flat owners

4. A proper meeting of flat owners and managing committee needs to be called and this issue has to be discussed and a proper resolution has to be passed for giving effect to the demand on each flat owner for such a big sum

5. If there is no proper resolution by the managing board approved by majority flat owners and also no particular agenda as to how the amount of 50k is to be utilized and for what purpose, you can refuse to pay the same

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

1) secretary cannot unilaterally decide that each member has to pay Rs 50,000

2) he has to call for EGM of all members

3) issue should be on agenda

4) resolution should be passed by majority of members . then only alleged amount can be recovered from members

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Sir, secretary by himself doesn't have power to decide the amount of money to be collected from members for any purpose a Resolution has to he passed with majority of the members since there is no such resolution demand is illegal you can straight forward deny to secretary.

Further for collecting funds illegally and harassment you can complaint to registrar of societies and further if any intimidation from secretary lodge police complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. First check whether collection of this monthly fund and thereafter in limp sum has been decided trough a majority decision or not.

2. No office bearer of any association can take decision on their own without taking the interest of all flat owners into account.

3. Even if it was majority or unanimous decision then also a flat owner can refuse to pay such a huge amount in short notice.

4. So send them a notice stating your inability to pay the money soon and take time as per your convenience. The association can not take any penal action and if they harass you , a complaint can be lodged with the local police.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

This is my response to you:

1. Firstly as your right you can ask the society why the heavy expenses in the repairing of the flat?

2. Then you can ask the bifurcation of that amount;

3. If you find it unreasonable then you can send the society a legal notice;

4. If still the society does not listen then you can approach the Registrar of Societies and file a complaint before them;

5. If the Registrar does not listen to you, then method of last resort is to approach the High Court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

Lodge a complaint to the police that for the purpose of collection your family is being criminally intimidated.

He will not do anything once police calls him to the station.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Tell him strictly, not to come to your door, otherwise you will file FIR against him for torturing/creating nuisance to wife and daughter.

Say straight, u have no money to pay in one shot, same complain to registrar of society.

And still he forces you to pay and harassing with consequences, this amount to extortion. File FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the demand made now has not been approved by a resolution in a general body meeting then you need not pay and ask him to give it in writing.

If the harassment are continuous and intolerable you may decide to issue a legal notice instructing him to refrain from indulging in such torturous activities failing which you may book him under nuisance case and if at all he has any demands in this regard he may resort to legal process by the provisions of law.

This step may bring some relief or end to it.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1) He can't collect like this extra fund. You can make complaints to registrar of Cooperative housing society in your area.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear querist,

You can issue a legal notice to the secretary asking him the reason as to why such cost is being imposed on the flat owners and whether such decision has been taken after receiving majority assents of the office bearers during General Meeting or as the case may. You can also ask him to restrain from visiting your flat, thereby stop with his unjustified actions, else you can file police complaint against him.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. The secretary of your association can not act as per his whims and fancy.

2. he is te secretary of the society/association of which you are also a member, being a flat owner.

3. The decision to make such payment is to be taken by all the flat owners in a meeting by passing a resolution to this effect without which the secretary can not ask for the said fund.

4. You along with other members can convene an exra ordinary general meeting to put forth such claim of the secretary for resolving the matter which will be final and binding on all the members.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. File a Criminal Complaint of Threatening & Intimidation against the Secretary. This will solve the problem permanently.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can file a compliant to deputy registrar. You can also file Complaint to Police against such harrassment

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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