• Rights of the President to appointment new office bearers to Apartment Owner's Association

Hello,
I was elected a Treasurer to our Apartment Owner's association a month ago and resigned a week ago owing to serious difference of opinions with the President of the Council. He accepted my resignation without consulting the members of the council including the Vice President and Secretary. In consequence to this, the Vice President, the Secretary and another Council Member (out of a total of 9 member council) resigned from the committee and the President accepted everyone's resignation without any hesitation. 
The next day he withdrew money from the Association Bank account with only his signature on the cheque (submitting an undertaking that several committee members resigned and that he had to pay the labourers ), when in fact the account is operational only if two out of three signatories (President / Vice President / Treasure) sign on the cheque. The bank yielded!
Now the President is going around the apartment asking several residents if they were interested to assume different positions in the committee office. He has already appointed a Secretary without the knowlege of the residents in the Society.
Is everything above legal? The Society bye-law says that the resignation of the members has to be accepted by the council. 
What action can now be taken ?
Asked 9 months ago in Labour

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19 Answers

You can complaint to the dy. Registrar of co-operative societies against them. You can also approach co-operative court or consumer court for seeking action

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

Firstly withdrawal of amount was illegal. Bank cannot honor the cheque. If members resigned than till new members not elected, account cannot be operated or by the permission of registrar. Can file FIR agaisnt president of forgery.

President cannot appoint members and can appoint only after elections. 7 members are necesserty to form association. After resignation, association has become defunct. 

File FIR and inform the registrar to take charge of association. Inform the bank to seize account and involven name bank employee in FIR who honor the cheque.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Yes it is.

Swarupananda Neogi
Advocate, Kolkata
2925 Answers
6 Consultations

4.7 on 5.0

It is necessary to peruse bye laws adopted by association to advice 

 

if any office bearers  resign procedure is they continue until next AGM 

 

fresh elections have to be called for to MC 

 

complain to registrar against president seek appointment of administrator for society 

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

Hi 

1) First and foremost, the office bearers who had resigned should issue notice to 

a) Residents of apartment and 

b) Registrar of societies and 

c) Bank 

and intimate them of the factum of they having resigned  and that their resignations have been summarily accepted by the president without calling for AGM  

2) In law, whenever a majority of office bearers resign from the association, it is only the AGM which has to accept/dismiss the resignation and not the president. So, in your case, the president should have ideally placed your resignations before the AGM before accepting them and as such the said act can be challenged by you before the Registrar of societies. 

 

3) Also The options before the AGM is 

a) To take note of your resignations and consider the action of president as void and reinstate you in the post 

and / or 

a) To summarily pass no confidence motion against the president and 

b) Call for fresh elections for office bearers and 

c) Appoint interim office bearers to manage the association till elections are held and results are announced. 

 

4) It is the duty of the association members to call for Annual General meeting wherein 2/3 of association members should be attending the meeting and out of which 66 % of association members will decide whether to accept / dismiss the resignation offered by office bearers.

5) Subsequently the association may also choose to convene another Annual General Meeting to pass no confidence motion against the president and take steps to pass no confidence motion. 

 

Hope this information is useful 

Rajgopalan Sripathi
Advocate, Hyderabad
2119 Answers
394 Consultations

5.0 on 5.0

1. Everything stated above is illegal.

 

2. Ordinarily resignation letter addressed to the President can be accepted by him but in your case the resignation shall have to be accepted by the Council. 

 

3. In the instant case he will argue that he being the President is representing the Council and has accepted it.

 

4. Write to the Registrar of Societies and also the Bank about the said irregularities seeking receiver to be appointed till fresh election is conducted by the said receiver.

Krishna Kishore Ganguly
Advocate, Kolkata
25607 Answers
726 Consultations

5.0 on 5.0

The governing body of the society will be elected for a fixed term decided by every RWA individually.

 

The following should be the present structure/strength of the governing body –

  1. President: One
  2. Vice-President: One
  3. General Secretary: One
  4. Secretary: One
  5. Treasurer: One
  6. Finance Advisor: One
  7. Executive Members

The raising hands will be the mode of election. The newly elected governing body’s list should be attested by the three out going office bearers and it will be filed with the registrar of the societies.

If ther office bearers or the governing body members resign the president can request them to continue with their posts till new members are elected, but cannot force them to continue the post against their willingness.

 It is a honorary post hence it is their rights to resign or continue with the post until they have  been removed from the post for any alleged misconduct or misappropriation or embezzlement offences.

The disputes if any may be settled through the registrar of cooperative societies provided if the allegations are serious in nature.

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

You all other members who are not part of council than kindly make written complaint to sub registrar office of your area or ward to arrange re election of your society and dissolve current body and audit the books of accounts.

Ganesh Kadam
Advocate, Pune
12084 Answers
136 Consultations

4.9 on 5.0

You can approach before Sub registrar and file complaint against president. 

Mohammed Mujeeb
Advocate, Hyderabad
19003 Answers
20 Consultations

4.5 on 5.0

File a complaint against him in the office of registrar cooperative Societies 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. No above process is not legal he need to elect new members for vacated posts through elections.

2. You should lodge complaint with sub registrar against illegal acts of president. 

Mohit Kapoor
Advocate, Rohtak
10689 Answers
7 Consultations

5.0 on 5.0

You can contact any lawyer on this website for sending legal notice and to call upon President to refrain from appointing  other office bearers 

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

You can send legal notice to president and do keep in cc sub registrar of cooperative housing society.

Ganesh Kadam
Advocate, Pune
12084 Answers
136 Consultations

4.9 on 5.0

You as a ex treasurer of association can call an AGM to highlight the illegal acts of current president before residents of society.

Mohit Kapoor
Advocate, Rohtak
10689 Answers
7 Consultations

5.0 on 5.0

Instead of sending an individual notice to the president,  you may gather all the frustrated residents of the association and send a single legal notice  collectively so that everyone would be aware of the illegal act of the president. 

Your individual legal notice to the president if circulated to others,  may be considered as derogatory and defamatory and you may be liable for legal consequences for this act. 

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

yes you can go ahead with legal notice.For any assistance contact me in kaanoon on 9 a 7 g 6 g 9 g 4 e 9 g 0 f 9 f 1 a 1. Consultation applicable. 

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

You can seek phone consultation from any lawyer on this website to issue a legal notice

Mohammed Mujeeb
Advocate, Hyderabad
19003 Answers
20 Consultations

4.5 on 5.0

1. Convene a meeting to be attended by majority of the members. by sending notice to all the members keeping agenda to discuss being selection of fresh committee members through election since 3 put of 9 members have resigned.

 

2. Send a copy of the Notice to the Registrar.

 

3. Get the committee elected afresh.

 

4. Informing the President by sending him legal notice is of no use since it is absurd to think that he requires legal notice to understand lthe rule.

Krishna Kishore Ganguly
Advocate, Kolkata
25607 Answers
726 Consultations

5.0 on 5.0

You need to file a complaint to the registrar cooperative Societies office 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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