Society has no grounds to reject your application for membership
if society refuses to admit you as member complain to registrar against society refusal to admit you as member after encashing cheque for society membership
Society has not transferred shares and made us a member although they have deposited the premium
Hello, We bought a pre-owned flat and applied for membership/transfer of shares on June 8. We submitted the premium cheque along with all other necessary documents to the Secretary. Thereafter, we also started the renovation work of the apartment. After a few days (less than a week) the society had deposited the premium cheque, however we weren't informed regarding the status of our membership. Couple of weeks into the renovation, a couple of members suggested that some of the renovation work that was being done was illegal (although there are other members in the society who have done the same changes). The contractor employed by us also lives in the same building and is also a member of the same society. Apparently he and the current board have had some issues between them in the past and he believes the Society is trying to get to him through us. However to avoid confrontation we informed the society that we would not do the changes that were deemed illegal and revert to how it was originally. Even after that, the Secretary and Chairman sent us a notice telling us to stop the apparently "illegal" renovation or else our application to the membership will be rejected. Since then we have stopped all the renovation work till we get society's decision. My question is if the society has already deposited the premium cheque can they then reject our membership application. Also since we have already notified the Society that all the construction that was deemed "illegal" has been stopped/reverted, does the society have any grounds to reject our application?
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- Further, since RWA is a legal body, registered under the Societies Registration Act, 1860, hence one can sue against its function, if not performing well.
- Further as per rule of the Societies Registration Act, any society registered under this act may sue or be sued in the name of the president, chairman or the principal secretary or trustees, as determined by the rules and regulations of the society and, if no such posts have been established, then in the name of the person appointed by the governing body of the RWA for the occasion.
- Further, as per the rules of the Societies Registration Act, any member or non-member can file a complaint.
- Further, the Registrar of Societies is bound to take action against the errant society on a legitimate complaint.
- Further, the society cannot make separate rules for separate owners /members , and further if any rules then it must be passed in the GBM.
- If, this renovation work is declared in the GBM , then you cannot carry the same , otherwise it will be violation of the rules of the society.
- Since, a few members have done the said work, then the society cannot stop you for the same.
- You can lodge your complaint before the management , and if no response then file a compliant before the registrar .
Dear sir,
Since the premium has already been paid, society doesn't have any grounds for rejection
If the membership is rejected then you can file a legal notice for complaining the registrar regarding your issue
Thank you
The society cannot reject your application for membership foir any reason.
They have to adhere to the bylaws in this regard.
They cannot take a decision on their own bypassing the bylaws or rules in this regard.
You can issue a legal notice to the society demanding the share certificate after admitting your membership application immediately.
If at all there are any legal issues or illegal construction or renovation, the society should take action by adopting due process of law only and cannot take any such action to reject your membership.
You can report the matter to the registrar of cooperative societies where this society has been registered against the society's decision to reject your membership without any valid reason.
1. The Society has deposited your fees for application.
2. The Society has informed that it might reject your said application on certain grounds and in that case the society shall have to refund you the fees paid by you.
3. Hope you have already notified the Society in black and white and do it again informing that you are ready to demolish the renovation or part of it which the society will not approve.
File a complaint with dy registrar for the same. If you need any further assistance then you can approach me through LinkedIn.
