According to Constitution and bye-laws of Plot Owners Association at Hyderabad, Telangana formed about 30 years ago 1. The tenure of executive body is 2 years. Last election was held on 10/0/2016. 2. General body meetings should be held at least once in 6 months, and an annual general body meeting including presentation of accounts once a year. None of them held till now. 3. No member of executive committee can hold office for more than 2 terms. Minimum gap of one term is required to be reelected. 4. The quorum for holding GB meeting should be one third or 11 members whichever is lower. At present about 230 members are plot owners. 5. A notice of 15 days should be issued for holding GB meeting. 6. Special General Body meeting can be called by 10 members 7. The present management which is entrenched in the Executive Committee and which reportedly has several plots in benami names is not calling for re elections and no reponse. There is very significant appreciation of the values of plots and there are several plots reserved for Telephone Exchange (no more required), bus station (not required any more) and temple, water tank, park etc. What are the possible courses of action available to revamp the Executive Body.
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File complaint against office bearers a of association before registrar seek appointment of administrator
for failure to hold elections,submit audited accounts
Failure to call for AGM
if no action is taken seek court orders for appointment of administrator
Please lodge a written complaint with the registrar of societies against the present office-bearers of the association about the present state of affairs and demand appointment of a special officer to investigate the affairs and conduct election of new office-bearers immediately.
The members who are not part of the executive committee or the office bearers can collectively represent to the association about this technical flaw holding that since the term or tenure of the elected body has expired as per the bylaws, the existing body should call for a general body meeting immediately and announce election to the new office bearers as per procedures laid down in the bylaws. This representation given in writing should be escalated to the registrar of cooperative societies if there is no response forthcoming from the association.
The registrar has powers to dissolve the existing body and call for election to the new office bearers.
If there is no response from the registrar also then the matter may be referred before the cooperative court for remedy
- As per law, RWA is a voluntary organization set up from among the elected members of a housing society and is re-elected every year, or after a set period decided by the general body of the RWA through a voice vote.
- 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 RWA on a legitimate complaint.
- Hence, you can file a complaint to the Registrar of Societies after narrating your concern against the existed RWA.
- Further, a RWA/housing society can be dissolved also, if the RWA fails to meet its objectives, involvement in illegal acts, inadequate number of members, ceasing of functioning over a period of time, contravention of law, or irreconcilable dysfunction.
- It can be dissolved by a) its members b) the Registrar c) the Court or d) the Government.
- A number not less than three-fourths of the members of any RWA/society may determine that it shall be dissolved, then an RWA can be also dissolved.
It's better first you file a complaint to the competent authority in the said act or deputy registrar about the same. They will issue appropriate directions
Dear client,
You can approach the present management with a formal notice and if they still refuse to take cognizance of this, you may make a formal complaint or file a formal notice to the person concerned with such matters to the Association which comes above your society; such as the RWA, DDA, etc.
Thank you.
