Maintenace model changed by the association without regsitrar
two years back I purchased a 1BHK flat in GK Jewel City Apartment. Association has formed the by-laws and registered the society under Karnataka Societies Registration Act 1960 in 2013 (2013-2014). In the by-laws it was mentioned that we will be paying maintenance per sqft basis and by laws was submitted to registrar.During year FY 2014- 2015 another managing comitee took over. They Called for general body meeting with 68 members out 198 and proposed that they will conduct the poll on maintenance model. They conducted a online poll through surveymonkey.com and it was in favor of per flat. 130 members taken the online poll conducted and they changed the maintenance model . They did not send the copy of bye-laws to the registrar office for approval. They started collecting the maintenance per sq ft basis. As my flat has size of 720 ( max @1700 sqft) which is the lowest in the apartment.my maintenance is doubled now . Current managing committee is just following the decision taken by previous Managing committee,My questions is .
-Is it online poll is a legal option to amend bye -law
-With just 61 members out 198 can pass the amendment in the bye-laws?
-Is it not illegal to change the maintenance model without bye-law approval from the registrar?
- How to complain about this illegal things happened in our apartment?
- Please explain me the detailed process to complain about the apartment association.
Asked in Civil Law from Bangalore, Karnataka
1) a meeting has to be called of all members at the association registered office . notice has to be issued
2) in such a meeting if resolution is passed by majority of members present and voting bye laws can be amended and changes in collection of maintenance made after approval of registrar only
3) in your case no meeting was called in registered office of association . online poll is illegal unless provided for in your bye laws
4) further no approval of Registrar has been obtained for change in maintenance model
5) complain tot he Registrar against the association .
6) if no action taken by registrar move court for necessary reliefs
On-line poll is not an option to amend any bye-laws of the society, an AGM must be called and in that there must be a quorum of a majority of 75% of the members of the said society then it must taken to vote and then an amendment is said to have been passed.
what your society/association has done is illegal, you can complain to the Registrar of Societies and he will hold an enquiry and ascertain the true facts.
get in touch with a local advocate for the procedure of filing such complaints.
1. Does the sale deed provide for changing the maintenance structure? Unless there is a specific provision in the sale deed with respect to alteration of computation of the maintenance fee the same cannot be altered.
2. Furthermore, the majority of members have to vote in favour of the change.
3. You can issue a lawyer's notice to the association, refusing to pay maintenance on per flat basis. If upon the receipt of notice the association discontinues the services in respect of which maintenance is charged, you may sue the association to get the services and also claim compensation.
What is the quorum of a majority for passing amendment in by law. Is it 1/3rd . 68 or 61 members put the signature.Most of the time for mending the bylaw the quorum of a majority of 75%.Online poll is different than AGM. So the change in the rate is not Legally sustainable .The online poll has no validity . File a complaint against the Registrar of firms about the amendment of by law. If not get a remedy file injunction petition and seeking stay before munsiff court.
This can be challenged by issuing a legal notice seeking explanation of the validity of the resolution so passed with only minority member sin favor of the changes in the bye laws. The registrar of cooperative societies may be informed about the changes in the bye laws not informed to them.
You may file a suit before the court of the registrar restraining the managing authorities f the society from charging the maintenance charges as per new bye laws since it is not legally valid.
First exhaust the remedies available locally and then approach the outside competent authorities for relief and remedy.