Legal Question in Civil Rights Law in India

corpus found

General maintenance of a complex of 178 flats is run by a registered association of owners of the flats. The bye-laws are governing the activities of the owners/residents/elected office bearers of the association. To meet unforeseen havoc that could be caused by natural calamities , other than the normal monthly maintenance charges , an one time payment of a corpus fund by each member was mooted in a general body meeting and was accepted in principle by majority of attendees. Modus operandi of the collected corpus fund was worked out accommodating suggestions.Barring 3 members who did not sign in to be a member of the association others joined in force to make the procedure operational In case of any huge sum was required on attending to a major work ,these members felt their contributions will be paid at the time of need. The office bearers are of the view now that the decision taken by the association is legally binding on all the members and that the members who had not contributed are �defaulters� and the matter can be taken to judiciary. Can these members be tried under civil laws or it will go against their civil rights?


Asked on 3/03/09, 8:07 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: corpus found

The decisions taken by the majority of the body are binding upon all the members; and appropriate legal proceedings may be instituted against the erring members; you may need to engage a local counsel for the needful.

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Answered on 3/03/09, 3:17 pm


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