The basic steps of how to dissolve a housing society managing committee is to call a general body meeting, and pass a resolution with the support of the majority of members outlining the reasons for dissolving the housing society. Involuntary matters may be handled by the court, or members may designate three to five liquidators. If three-fourths of the members concur, registration is canceled. Pay off all debts. The remaining assets should then be distributed, and a final report detailing the procedure should be sent to the Registrar.
How to Remove Committee Members of Housing Society: Alternatives?
As I already mentioned the steps of dissolving a housing society, let me also highlight the alternatives that can be opted for instead of dissolving the entire housing society:
Identify Incompetent Members
It is possible to undo the dissolution of the housing society committee if it was caused solely by a few inept members. In such situations, the other capable residents must play a vital role and take strong action against the corrupted members.
Observe the Cooperative Society's Bylaws
Bylaws govern housing societies. Any society that doesn't follow the rules may have to start the dissolution process. To comprehend the process's flaws, a meeting with the committee leader is therefore required. The last option for such a body is dissolution.
The Third Party's Aid
A neutral third party should be consulted before making such a dramatic choice.
File a Lawsuit
Think about pursuing legal action against those who have broken society rules. To prevent the dissolution of the entire committee, members must assume responsibilities.
These are the alternatives that can be followed to prevent the dissolution of the entire society.
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You might occasionally witness some misconduct committed by the managing committee of the housing society. Therefore, you can take action to disband the managing committee of a housing organization. In order to help you understand how to remove the managing committee of a housing society, you can check the following tips.
Members of the society need to call a special general body meeting to discuss the removal of the managing committee. This meeting should be convened with proper notice given to all members.
During the meeting, a motion of no confidence can be moved against the managing committee. This motion needs to be passed by at least 3/4th of the members present at the meeting, with a quorum of at least 2/3rd of the total members.
If the motion is passed, the members can approach the Deputy Registrar for Co-operative Societies (AO) of the area to dissolve the current committee and appoint a new Authorised Officer (AO). The AO will then carry out the necessary administrative reforms and conduct the Annual General Meeting (AGM).
If there are allegations of misappropriation of funds or other serious issues, members can file a complaint with the Registrar or the police.
Alternatively, you can hire a lawyer to get help with this. I hope you found this helpful.
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Who Cannot Become Committee Member of Housing Society
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To remove the managing committee of a housing society, you need to follow the guidelines set by the state where the society is registered. The process may vary depending on the state. Here are some general steps that you can follow:
Call for a special general body meeting of the society.
Issue a notice to the members, creditors, vendors, and any associated societies that have contracts with the managing committee.
Pass a resolution with a 3/5th majority to dissolve the managing committee.
Undertake the claims and liabilities as per the guidelines of the society, disposal, and settlement.
Forward a copy of the resolution to the Registrar of the state where the society is registered.
Obtain the validation of the registrar to proceed with the process.
The registrar will inspect the resolution and pass an order to dissolve the society and delete the society name from the register of societies if satisfied. The registrar will also provide a certificate of dissolution to the society. If the registrar is not satisfied, he will give notice in the official gazette and invite objections, appeal, and disposal of the amount that is not paid towards claimants and creditors within 2 to 3 months. If there is no objection and no member has any appeal against the resolution, the order will be passed after 2-3 months. If someone raises any objection, the order cannot be in effect till the appellate steps.
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How to Remove the Managing Committee of a Housing Society?
Prasad subnavis
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2023-12-01T10:35:22+00:00 2023-12-01T10:35:22+00:00Comment
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