Dear Client,

Main function of ad-hoc committee is to conduct fresh elections and the Registrar shall, at the request of not less than twenty-five members or five per cent of the total members of the cooperative society whichever is less or may suo moto, convene within 30 days a general meeting for appointing an ad-hoc board for the specific purpose of conducting elections.

The term of the ad-hoc board appointed shall not exceed one month over.

NO, power to file case.

The Provisional Committee or the Nominated Committee shall have the same powers and functions as the committee duly elected in accordance with the bye-laws of the society.

2) The Provisional Committee ‘or the Nominated Committee shall be in office for a period of one year, or until the regular elections are held under the Bye-laws of the Society

3) if you fail to pay dues case can be filed to recover the dues after passing resolution in Managing. Omitted meeting

It is the duty of the members to regularly pay the maintenance charges to the society, otherwise the very purpose of having a co-operative society would be defeated since every member has to make his contribution towards the society in the spirit of cooperation.

First pass a resolution during an association meeting and society can take recovery proceedings after passing of resolution in the managing committee. Send a legal notice to make the payment to defaulters. If the defaulter’s fails pay the amount to society then file a suit for recovery of money against the defaulters. You have no legal right to remove common benefits or amenities including electricity and water connection but can pressurize the defaulters by cutting the power supply . The disconnection of water supply was a deprivation of the fundamental right to livelihood guaranteed under Article 21 of the Constitution.

1. IF the Ad-Hoc Committee was properly appointed in a duly called General Body meeting, THEN the ad-hoc committee shall have all powers and authority to function as a regular committee, for any and all purposes.

2. HOWEVER, to file any type of legal case, the ad-hoc committee will again have to call a special general body meeting, with specific agenda-resolution of filing case and using the said resolution, the case can be filed OTHERWISE NOT.

Keep Smiling .... Hemant Agarwal

Hi

1) The duties and power of adhoc committee is to hold office till the elections are conducted for office bearers of the Flat owners association.

2) The Ad-hoc committee is empowered to collect maintenance fees from flat owners, but subject to minimum 60% of flat owners agree to collect the maintenance fees from flat owners.

3) If ad-hoc committee is levying maintenance fees without 60% of flat owners agreeing to the same, then such decision is arbitrary and illegal and the flat owners will not be liable to pay the prescribed maintenance fee.

4) Ad-hoc committee is duty bound to submit audited expenses to flat owners once a year (as flat owners association is governed by Societies Act) and also submit statement of expenses to flat owners once in 3 months either by displaying the same at common place or in person.

5) If the ad-hoc committee refuses to submit the expenses or if 30% of flat owners dispute the claim of expenses, the flat owners can file a complaint with the District Registrar of Societies and seek for appointment of independent auditor to audit the accounts and also audit the services provided by ad-hoc committee.

6) Ad-hoc committee does not have powers to file cases against dissenting flat owners merely because the flat owners are disputing the expense claims. Even if ad-hoc committee manages to file frivolous petitions, courts generally direct them to legal services authority or lok adalat for mediation. So there is nothing to worry on this aspect.

7) However ad-hoc committee can deny services to members who are not paying maintenance fees (subject to 60% of flat owners agreeing to collect the said maintenance fees).

Hope this information is useful.

IT DEPENDS OF VOTING MAJORITY IN THE APARTMENT.THEY DONOT HAVE RIGHT TO FILE A SUIT

Powers of the ad hoc committees is same as the Elected committee.

If you fail to clear the dues, they can file a suit for recovery against you after passing a resolution for the same.

The ad hoc committee cannot file any case for recovery. In fact the original committee also cannot file any suit for recovery of maintenance amount against the defaulters, but they may report the matter to the concerned authorities and may initiate action as per bye laws.

The ad hoc committee, as the name suggests, shall remain as a temporary body with temporary powers alone, they cannot initiate any legal action as a statutory body.