Society should form sub committee consisting of members who are willing to do the work of completing pending tasks
2) you cannot say that it would be an independent affair
3) all expenses have to be approved by society
Need to build committee of individual volunteer from residents but not from society association
Society is partly build and many amenities are not build like DG , LIft etc .whenever asked Society Association says we don't have fund to execute it. Builder is bankrupt. Few volunteers came up with approach we need to build a separate body and gather common contribution from each residents and do all needful. At same time we will not trouble maintenance team who is doing their work. This group and committee will be completely separate and it will be for limited period till all pending task is not completed . Like DG lift STP , OC etc. Remaining Residents are also supporting this group . But legally we are not sure on following steps . - we want a separate bank account for this money collection. And it should be on name of society. Note society is already having a PAN account. - we want committee to be independent and should not be dependent on Frequent approval by association people. - we want to do an agreement who ever will part of committee should be responsible and any deviation will be paid from pocket of committee persons. - these task will take 3 years to complete. And everything is mutually agreed between residents and committee persons. - since committee is individual and responsible body we don't want any political interference in their tasks by society association . Note : even builder is also talking with these volunteers and supporting. We want to know what we should do for this for better execution and legal way
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
Let me give some more background - Although Property is registered we don't have OC - Society Association formed , but it was not with consent of all residents (even occupancy is not 100%) - we don't want to disqualify current association and appoint new and create political Drift our objective here is with harmony we should do needful and complete project our individual goal is not to become president or secretary of society in future our clear goal is to , with social collaboration complete tasks . even though i have level of support but we are still a volunteer and we don't have much rights legally we don't see much scope in current association having willingness to do the pending tasks properly. can we take permission with society president and form committee with volunteers (who are normal residents) and get approval to create new account and do all development work which is pending. we need only those people who will work in healthy environment for development and after task completion we will surrender the committee .
Asked 2 years ago
Society president cannot grant you permission
Resolution has to be passed in AGM that sub committee be formed for completion of all pending work
Q-1
For forming the society, be it volunteer or any other society are same. A proper memorandum of association, rules and regulations with office bearers and their ID proofs are required to be executed and the same be also registered. An office address with NOC of address premises be also require. The main issue would be that the previous society already registered may raise objection and can oppose registration. Builder may also oppose registration.
Q-2
Without OC neither possession of property can be handed over to purchasers nor registration of sale deed in respect of such property can be registered neither can be executed. Rest your society aim etc. be mention in aim of society and memorandum of association, rules and regulations. Present president cannot give you permission for formation and registration of society as two society cannot be registered.
You can constitute a common committee in consultation with the dy registrar
If the builder has handed over the premises to the association then the common areas and all such activities are to be handled by the association alone.
The association can form committees to take care of all such tasks under its supervision and control.
Your proposal to carry out the pending tasks as a private within the association would not be recognized as legally valid activity nor your group will be considered as a valid or competent group.
You can bring this matter before the meeting of the association, discuss and present your proposals, if it is passed as resolution by majority then the association can work out the plans suitable for execution of the proposed tasks considering all the facts including financial aspects.
No doubt it's in the interest of association members, but since it is a public activity, it needs legal recognition.
The president or secretary are not the authorities to grant permission for the proposed activities.
This matter should be discussed in the general or extra meeting of the association and if the majority members support your proposal, it will then get legal recognition.
Your interest to improve the living atmosphere of apartment complex is a welcome move but it should not be allowed to attract adverse impact if done by a private group but on the public funds
Dear Sir,
You wish to form parallel voluntary association to the registered housing society which is not legally permissible however with the consent of majority of members of your society you may do so in the larger interest of members of the society which may be appreciated by many people.
Dear client,
In this situation, it seems that you and a group of residents are willing to form a separate committee to address the pending tasks and development work in the society. Here are some suggestions for better execution and a legal approach:
Separate Bank Account: You can approach the society association and request permission to open a separate bank account specifically for collecting contributions towards the pending tasks. It should be in the name of the society, and the account should be operated transparently and responsibly.
Independence of the Committee: When forming the committee, it would be beneficial to draft clear guidelines or bylaws that outline its purpose, powers, and responsibilities. This will help ensure the committee's independence and minimize the need for frequent approval from the society association.
Agreement and Responsibility: It is advisable to have a written agreement or memorandum of understanding among the committee members, clearly stating their responsibilities and obligations. This can include provisions for individual liability in case of any deviations or financial mismanagement.
Project Timeline: As you mentioned that the tasks will take approximately three years to complete, it is essential to have a well-defined project timeline and periodically update the residents on the progress.
Collaboration with Builder and Society Association: It is positive that the builder is supporting your initiative. It may also be beneficial to maintain open communication with the society association to avoid any conflicts or misunderstandings. Seek their cooperation and support, emphasizing that the goal is to enhance the society's amenities for the benefit of all residents.
It's important to note that the specific legal requirements and procedures may vary depending on the laws and regulations applicable to your location. Therefore, it is advisable to consult with a lawyer who specializes in property law or cooperative housing society matters. They will be able to review your specific situation, provide accurate advice, and assist you in ensuring that the necessary legal steps are followed.
