Tamil Nadu society registration act and housing society by-laws
The management committee of my flat owners association has issued a notice debarring a group of flat owners including me from standing for committee elections or from voting. These flat owners have not defaulted on their contribution to common expenses but have still been debarred due to internal rift with the current management committee. Is this legal and can it construed that taking away legal right to vote also relieves me from my legal obligation to pay for common expenses
Asked 10 months ago in Civil Law from Chennai, Tamil Nadu
1) you cannot be debarred from standing fir elections by the MC if you have not defaulted in payment of society dues
2) issue legal notice to society as to on what basis and under what provisions of law you have been debarred
3) however you cannot refuse to pay society maintenance expenses
4) you can complain to the registrar against the MC
Well,the debarring seems to be totally illegal and arbitrary.
Challenge this order beofre the registrar of society.
Thereafter court is an option.
Apply for stoppage of polling till your dispute is resolved.
If there is no default then the decision is arbitrary and can be declared so by the civil court. The aggrieved flat owners can move the civil court through a suit for declaration and for temporary injunction against the association.
The management committee cannot debar any member of the association at its own will and wish.
Any such decision has to be passed by a resolution in the general or special meeting of the association.
It would be invalid and illegal to take such decisions unanimously by a select few of the management committee without following the rule or procedures aid down in this regard.
If you have received notice, it becomes your duty to give a reply denying their allegations and objecting their moves including refusal to accept their decision to debar.
After this the debarred members have rights to protest or file a case before the consumer forum or the cooperative court.
You can consult a local lawyer and proceed as per his further opinion and advise.
Is it not like double jeopardy. I can only be debarred from election on non payment of dues as per our bye laws. However now I get debarred inspite of paying dues with no reason given whatsoever. After getting debarred why should I pay dues? I should be exempted. Legal rights and duties should go hand in hand. Legal right snatched so exempt from legal duty.
Asked 10 months ago
Do you want a solution to the present problem or do you like to stretch the issue without any end?
You are aggrieved by their unreasonable decision on this issue hence you have all the rights to initiate legal action agaisnt them as per the law of land.
Stopping the payment of maintenance amount shall be as good as taking law in your hand.
It is different subject to that of the action taken by the society on you.
There is no justification for stopping the payment of monthly maintenance amount
There is no double jeopardy here. As I said before, move the civil court through a suit for injunction as no one can be barred by the management in an arbitrary manner like this.
If you do not pay dues then you will lose the remedy before the court.
You cannot stop paying society maintenance for any reason
If you have been wrongly debarred you are at Liberty to move court to set aside order of society