I am living in cooperative housing society which is divided in 4 wings. The problem is as follows that neighbourhood member is not living there since he bought the house, But he leases the house since that time.He never comes to live here. Its tenants are roaming around us and our uncle's premises for no reason and harassing us. He speaks very rudely when complained to him and does not take any complaint at all. We have decided to remove that member from the housing society. The manager of our housing company but does not live here. But there is no housing society committee to complain. So what can I do as a member of society?
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As you have stated above that there is no formation of co-operative society. Than kindly check whether it's Apartment Owners Association.
If there is no such co-operative body than you can directly make complaint in the nearest police station for mental torture and harrasment.
1) If it is cooperative housing society then elections have to be held regularly for managing committee of society
2) If no elections have been held complain to registrar of societies
3) administrator can be appointed by registrar
4) The member has to be given a show-cause notice 30 days prior to passing a resolution to expel him.
The agenda for the member’s expulsion has to be included in the general body meeting. In the said meeting, a resolution to expel the member in question is to be passed by no less than a three-fourth majority of the members who are entitled to vote and who are present at the general meeting.
Before passing the resolution, the member must be given an opportunity to be heard and should be able to present his case to the general body. He can also choose to represent his case in a written format or take help of other members who may be willing to support his case. The proceedings of the meeting have to be presented to the Registrar of Co-operative Societies who will either approve or disapprove the resolution (within 180 days) after hearing both the parties and their presentation of the case. Such precautions are taken to make the expulsion procedure fair and transparent so that no one party can take advantage of any loopholes. Only after the Registrar approves the resolution, it is considered valid.
If there are no office bearers to complaint. You can submit you case to local police stating that during corona days they are roaming around thereby creating nuisance and spreading corona. That is your only option. You can also write to the owner of property.
You are not the authority to remove the tenant form the rented premises.
You may have to issue a legal notice to the tenant with a copy to the owner of the flat describing the undesirable activities of the tenant and warn him to refrain from indulging in such activates which harasses and causes nuisance to fellow neighbors and you.
Who is the manager of housing company and what is a housing company doing here when there is no society formed by the members/owners of the flat.
You say you are a member of the society but you also say that there is no society formed yet, which one of your statement if a fact.
If there is no society then you may give a complaint with the local police about this nuisance caused by the tenant to you and others.
Hi,
If you want to remove a member of the society then there must be an existing society welfare committee. You can call all the members and try to pass a motion for the removal of the tenants of that particular flat and when passed you can inform the same to the house owner. Apart from that, there is nothing much you can do as the owner has the right to lease his property to whomever he wants. If the tenants are troubling you then you can file a police complaint against them and necessary action will be taken.
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Hello,
Dear Sir,
Send a notice to land lord to remove the tenant.
File complaint to Dy registrar of Co-operative societies for the same
- Since, that member is the owner of that house , then he having his right to lease the same to anyone or tenant , except if the society rule is against the tenancy.
- Further , as that tenant is creating nuisance , then you can lodge a compliant before the management of society
- Further, if society not taking any action , then you can file a compliant before the Registrar of Housing society as well.
- Further, you can also lodge your compliant before the police as well against that tenant .
