• What documents can I inspect under MCS Act and Cooperative Housing Society bye-laws

I became a member of a CHS in Jan 2023 and since then i have been asking the management committee for byelaws , balance sheets, members list , resolutions passed , minutes of meeting , AGM , SPGM , defaulters list , etc . I am asking these for a period of 5 years . Society says as per their auditor i am eligible for records only from the year I became a member . 
1. Can i ask for documents of last 5 years if i became a member only this year . 
2. Society has not been sharing documents for last 3 months . What should i do 
3. There are 2 wings in the society I stay in B-Wing . Secretary says i can see documents only for B -Wing and not A-wing even though the coop registration is common
Asked 9 months ago in Civil Law

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7 Answers

1. As per the Society Model Bye Law No 22 to 24, a member has the right to inspect free of cost books, registers, documents etc. as provided in Section 32 (1) of the Act and get copies of the documents as provided under Section 32 (2) of the Act, on payment of the fees prescribed under the bye-law No. 172. This suggests that you should be able to access documents from before you became a member. 

2. If your society has not been sharing documents for the last 3 months, you could consider taking legal action. If documents are not made available to a member, the committee could be made to pay a fine. You may also file an appeal before the registrar of society or send a legal notice to the society.

3. Regarding access to documents for different wings in your society, I couldn’t find specific information. However, if your society’s registration is common for both wings, it would seem logical that you should have access to documents for both wings. 

I hope this answer helpsy you!

Sukumar Jadhav
Advocate, Mumbai
33 Answers

Not rated

You can inspect all the documents kept in record with the society

Prashant Nayak
Advocate, Mumbai
32092 Answers
183 Consultations

4.1 on 5.0

You can only seek inspection of documents after you became a member 

 

complain to registrar if society is not furnishing said documents

since it is a common society you are entitled to inspection of documents of both wings 

Ajay Sethi
Advocate, Mumbai
94960 Answers
7576 Consultations

5.0 on 5.0

Yes.

Complain to registrar.

IF management is single and common than can ask for whole building.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

You seem to be prone litigant.

1. No. You can ask for 2023 only. 

2. Approach registrar. 

3. Secretary is correct. What is your interest in A wing? 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

1. You can demand inspection of documents pertaining to period and beyond the date you became the member of the association. 

2. You 3issue a legal notice and report the matter to the registrar concerned 

3. If the society is common for both the Wings then you can see them both. 

T Kalaiselvan
Advocate, Vellore
85158 Answers
2221 Consultations

5.0 on 5.0

Dear Client,

Inspection of Documents:

The members of cooperative housing societies have the right to inspect certain documents related to the society's affairs. The exact documents you're entitled to inspect and the time frame for which you can request them might be outlined in the Cooperative Housing Society's Bylaws and the relevant Cooperative Society Acts. It's common for members to be allowed to inspect documents for a certain period of time, often the last 3-5 years.

 

Non-Sharing of Documents:

If the society is not providing you with the documents you have the right to inspect, you should follow these general steps:

 

Check Bylaws and Laws: Verify what the Cooperative Housing Society's Bylaws and the applicable cooperative society legislation say about members' rights to inspect documents and the process for obtaining them.

Written Request: Send a formal written request to the management committee, specifying the documents you are requesting and the reasons for your request. This creates a record of your attempt to access the documents.

Access to Documents for B-Wing vs. A-Wing:

Whether you have the right to access documents for the entire cooperative housing society, including both A-Wing and B-Wing, depends on the rules and regulations of the society .. In some cases, there might be restrictions on accessing documents specific to your wing only. However, if the registration of the cooperative housing society is common, you might have grounds to request access to documents related to the entire society.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

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