legal power: adhoc committee
Ramakant
Please find the some details of legal power of ad-hoc committe as
follows. It is clearly mentioned by the lawer that " the adhoc is not
a legal entity and it is has no legal powers. Any such arrangement
made prior to the registration of society does not enjoy the
protection of Maharashtra Co-op. Societies Act 1960 "
Please read the post "
http://www.business-standard.com/india/news/maharashtra-co-op-societies-act-amended/153158/
Regards,
Ramakant
Posted by: PrakashOctober 03 , 2009, 18:29 IST
I own an office in Pune. The complex is not yet completed in all
respects and builder is yet to handover the completion certificate to
the soceity to be formed. Some members have formed an ad-hoc committee
amongst 4 or 5 members and have sent a notice to all owners asking
monthly maintenance fees with retrospective date or threatening legal
action under 1960 Mah.Co-Op Soc. Act Bye Law No. 58. Is it legal for
them to do so and does an adhoc committee have the legal rights
equivalent to a formally installed managing committee of a co-op
housing soceity ? Kindly advise. Prakash
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Posted by: D.P.KaravadeOctober 05 , 2009, 00:05 IST
Generally an adhoc committee is formed with the builder's initiative
when the building is not complete but is occupied by a number of
owners but the number is not sufficient to form a society (60%). This
is done only for the purpose of carrying out day to day maintenace
such as housekeeping, security etc. from which the builder wants to
relieve himself. In that case, the builder makes an agreement with the
adhoc committee and delegates limited powers to the committee. The
committee collects contribution from the members to meet the day to
expenses such as salaries, water and light bills. It is merely for the
sake of convenience. But the adhoc is not a legal entity and it is has
no legal powers. Any such arrangement made prior to the registration
of society does not enjoy the protection of Maharashtra Co-op.
Societies Act 1960 - karav...@yahoo.com
Posted by: Prakash
October 03 , 2009, 18:29 IST
Ramakant
Regards,
Ramakant
Posted by: Gangadharan September 07 , 2009, 18:11 IST
I want to know as to whether a Society can claim interest on
Maintnenance charges, which are due before formation of a Society.
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Posted by: D.P.Karavade September 09 , 2009, 23:45 IST
No. The adhoc arrangement made prior to registration is not legal
becasue it is not a legal entity. It is a mutual arrangement. Legally,
a registered society which is a legal entity cannot claim anything due
prior to its formation.