Sir, I'm a flat owner in Hyderabad. Our Committee President has resigned in the month of April and others were not interested, so we were informed that the body is dissolved. There was no action inspite of our requests. We do not have CC cameras in our apartments. There are some pending work from the builder side. Recently without any information to any of the owners, adhoc committee was formed and posted the same in Whatsapp group and started working on CC cameras and taken the decision. Our Ex-President in written has informed the bank manager about his resignation To stop using the funds as it is the public amount. Adhoc committee is so rude to the owners saying that they have all the rights to take decisions. Now a member of the adhoc committee is giving a warning to the ex-president for informing the bank. But we are asking to form an association and proceeded with the CC cameras. But the adhoc committee is so stubborn that they want to proceed further without forming the body. Request you to guide us
1. File a civil suit and seek a injunction against this ad hoc committee do it can not work.
2. Refer to the bye laws, if nay , which may have guidelines in this issues.
3. f nor they all the flat owners in majority can go ahead to forma formal flat owners association and then take up the management of running the building complex.
4. In the meantime injunction ca save the fund from getting misused and the ad hoc committee usurping power to run the building complex.
1. "IF" a Association or Society is not registered by following due procedure of law, THEN any committee or ad-hoc committee is unauthorized and illegal. A ad-hoc committee can be constituted only in a duly called General Body meeting.
2. File Private Criminal Case on ALL such ad-hoc committee members, for misrepresentation & intimidation, in the local magistrates court. IF the Association or Society is registered THEN also file written complaint to the registering authority, for appointing administrator and for investigations.
Keep Smiling .... Hemant Agarwal
Call meeting of all flat purchasers
2) in said meeting elect a committee to take over running of the association
3) ad hoc committee is not elected by members cannot take decisions binding on all members
4) request builder to form cooperative society of all flat purchases
There is a procedure to form the ad-hoc committee. No one as per their wish can do so and take over the society. If the old MC is resolved and intimated to the registrar then he has to nominate at least three people to take charge of the society to sun it's affairs.
Please approach to the registrar who is the competent authority to get direction of appointment and same will be given to the bank to operate the account.
Firstly, Sir, as per the law as well as the internal rules of the society formation there must be a fare procedure to form the same.
Secondly, that procedure may remain in force even after immediate dissolution of the previous one.
Thirdly, i advice you all to go before the society tribunal first to stop them further with the works.
Fourthly, once you do the same then you may be allowed to form the new one as per rules, and they would be asked to show how could they form ad hoc without following the proper procedure.
After resignation of the President, a new president has to be elected strictly in accordance with the rules and regulations of your apartments committee bye-laws. With his resignation, the committee will not dissolve and will continue to operate under the interim arrangement as provided under rules.
Dear Client,
Inform the registrar about dissolution of committee and request to freeze the bank account, until no election/committee formed.
On the dissolution, power to operate fund itself come at hold, Any usage of amounts to criminal breach of trust and cheating.
If the ad hoc committee formed was not endorsed by all the members or it has no support of all the members i.e., at least 2/3rd members support, then you along with other aggrieved members can question their authority by sending a joint legal notice to th4e ad hoc committee .
If their reply is not satisfactory, you may either approach the registrar of cooperative societies or cooperative court for relief with an order of stay for the functioning of the ad hoc committee.
After that you can decide about a regular committee either by election or any other mode as per prevailing circumstances.
