An unregistered residents association was created through a proper block wise election process in May 2016 for our complex to see over cultural, sports, social welfare events and maintenance issues. After a year, 35 out of 42 members resigned. Does the remaining committee and any post holders remain valid or a fresh election should be conducted?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1. Without any constitution of bye laws the Association itself had lack of legal sanctity .
2.However since it was governed by majority of flat owners it was acting legally.
3. Now if the resigned members forms another body and start taking decisison then it being formed by the majority flat owners it alone shall have legal sanctity and no formal dissolution of the earlier body is required.
4.So register the new body under societies act and operate.
Thanks sir. The main area that I need clarity in is what is the status of the remain 6-7 members who did not resign. Do they continue as the association and declare post holders who will govern the affairs of the residents or do they cease to exist since the majority of the elected members have quit?
It Is advisable to conduct fresh elections since 35 out of 42 members have resigned
2) the remaining committee members can continue carrying on running the association till fresh elections are called for
The remaining 7 members continue in office and can carry on the operations of the association unless the bye laws provide there should be more than 7 members in the MC
Thanks again sir. For your information there were no bye laws agreed. Legally can I establish that the remaining 7 members cannot be accepted as the committee to represent the entire complex, hence should be dissolved.
Seven members can continue to run the affairs of association as they are duly elected members and did not resign
The 6-7 members have legal status in running the management of the association.
Form a new one with majority members.
1. When there are 42 elected members, the your must be a huge complex.
2. Has your association been registered?
3. What your bye laws, which are required while forming an association, states about the minimum numbers of elected members and the process of reelection in case of resignation of any or all the members?
4. If the bye law does not specify otherwise, the committee exits and shall function and arrange for election of the vacant posts.
The committee still exists unless otherwise stipulated in the bye laws as suggested in my earlier post.
1. If there is no bye laws then how have you formed the Association?
2. Without bye laws, no Association can be formed and registered as per law.
3. If it is an unregistered association, then also the committee exists till it is abolished by conveying a special general meeting of all the flat owners.
An unregistered residents association was created through a proper block wise election process in May 2016 for our complex to see over cultural, sports, social welfare events and maintenance issues. After a year, 35 out of 42 members resigned. Does the remaining committee and any post holders remain valid or a fresh election should be conducted?
An unregistered association has no validity even if it remains and maintains the same status.
Therefore any election subsequent to this event also will have the same problem of recognition.
Until it is a registered body, no legal action can be initiated to regularize any activity, therefore let the members combine and elect a new body and get the association registered with the registrar of cooperative societies.
The main area that I need clarity in is what is the status of the remain 6-7 members who did not resign. Do they continue as the association and declare post holders who will govern the affairs of the residents or do they cease to exist since the majority of the elected members have quit?
Once the majority of the members have already resigned, where will be the question of the resigned members to be brought under the control of the remaining few members who are toothless to do any activity in the association.
For your information there were no bye laws agreed. Legally can I establish that the remaining 7 members cannot be accepted as the committee to represent the entire complex, hence should be dissolved.
As I opined earlier there is no legal recognition for the association even if it remained with full strength since it was not registered with the authorities concerned.
Therefore the 7 members can control their own members and their portions alone, the other members will refuse to listen to their dictates, hence there is no legal validity or anything in it.