Legal Question in Real Estate Law in India
worging of CoOP housing societies and model bye laws
1)Can a society make and pass illogical rules or procedures which are contradictory to established accounting or other procedures, �under the guise that General Body is supreme�. If such a resolution was bulldozed, What is the remedy for members, who are the victims of it?
2)When society gives demand for money under various heads like Construction, taxes, interest, general service charges, etc.
a)Can a member pay for any individual head he chooses based on his funds and urgency?
b)Is it not against normal accounting principles, �If treasurer, Secretary, or MC appropriate such payment to a different head and issue receipt under such different head.� Is it authorized.?
3)Under model bye-laws society can charge simple interest up to a certain maximum rate on delayed payments.
a)Can society start charging members compound interest?
b)When some dues are pending from a member, can society decide that henceforth his payments will first credited to his interest account? Will this not amount to charging compound interest?
4)Can Secretary say that he will not give any reply in writing to members.
Can society pass a resolution to that effect?
2 Answers from Attorneys
Re: worging of CoOP housing societies and model bye laws
This question require lot of efforts and time and is not fit to be answered in this forum. Kindly consult some good lawyer personally along with the rules and bye-laws of the society.
Re: worging of CoOP housing societies and model bye laws
Avoid asking questions which are not supported by facts.
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