Dinesh Parulekar
We are Co-operative housing society ltd in Virar (Maharashtra) having 83 members society.
Can you please let us know that any rule in the CHS that we can remove the member from the society as he is giving trouble and creates problems in the society?
He does not respect any managing committee members as use bad words in the meeting and does not follows rule of the society. Also, he is not the member of the society as his wife is the owner of the flat. Whenever any festival is being celebrated he disturbs the atmosphere and creates nuisance. Even when small children are playing in the premises he and his wife mouth abusive words to them.
I C Naik
Your CHS has two menaces.
One a “misbehaving resident” and other is an undisciplined member. The first one needs to be handled through IPC by filing FIR for his misbehaviour. By any chance a complaint includes playing with the modesty of female residents your task is easy, as there will be instant arrest before any inquiry.
The undisciplined member need to put through an expulsion process as laid down in Section 35 of MCS Act and Rule 28/29 of MCR 1961.
There are several reasons for which a member can be expelled and flat/share forfeited.
Important features of this process are following
1.A member should be given Notice to stop the undisciplined behaviour
2.General Body Meeting must be held exclusively for considering expulsion of where delinquent member is to be given 30 days Notice to present his case.
3.Not less than 3/4th of the members present must vote for expelling a member.
4.Resolution so passed is to be submitted to Dy Registrar for his approval before physically expelling the member.