This may come as a surprise to you but yes there are certain reasons because of which a member of a housing society can be expelled. There has been a case in the past where a member was expelled from the housing society for filing an RTI to harass them. Although, expulsion is a stringent move and should be kept as a last resort, the society bye-laws do provide a provision for the same.
A Housing Society can use this to their advantage by threatening members to pay up their dues. Especially to those who stay away. Members of housing societies who use apartment management software like ADDA can pay maintenance bills from anywhere and hence a situation like this would not arise. A provisional managing committee too has these powers.
Here is what the Society Bye – Laws say about the expulsion of a member from the society
Grounds on which a member could be expelled – Society Bye – Law No. 51
A member may be expelled from the membership of the society, if such a member
- Has persistently failed to pay the charges due to the society
- Has willfully deceived the society by giving false information
- Has used his flat for immoral purposes or misused it for illegal purposes habitually
- Has been in the habit of committing breaches of any of the provisions of the byelaws of the society, which, in the opinion of the Committee, are of serious nature
- Has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.
- Is classified as a Non-Active member who does not attend at least one meeting of the general body in next five years from the date of classification as Non-Active member with the intimation to such member and Registrar
Procedure for expulsion of a member – Society Bye – Law No. 52
- The cases of expulsion from the membership of the society shall be dealt with in the manner provided under Section 35 of the Act, read with Rules 28 and 29 of Rules.
Forfeiture of shares of the expelled member
- Expulsion from membership may involve forfeiture of the shares held by the member. Where the Committee decides that expulsions from membership should also involve forfeiture of the shares, it shall make necessary reference to the proposed forfeiture of the shares in the notice to be issued under Rule 29 of the Rules.
Effect of expulsion on membership of the Society – Society Bye – Law No. 53
The member, duly expelled from membership of the Society, shall cease to be the member of the society, with effect from the date on which the resolution of expulsion from the membership of the society is approved by the Registering Authority’. The forfeiture of shares may take effect simultaneously with expulsion.
Handing over vacant possession of the flat by the expelled member – Society Bye – Law No. 54 and 55
The member, who has been duly expelled from the membership of the society, shall not be entitled to continue in occupation of his flat and he shall arrange to hand over peaceful and vacant possession of his flat to the Secretary of the Society, within such period as the Committee may allow. On his failure to do so, he shall be liable to be evicted from his flat.
If the meeting of the general body of the society has decided not to forfeit the shares, the interest of the expelled member in the capital/property of the society and the value thereof shall be acquired by the society and the value thereof shall be paid to the expelled member, within 3 months of his handing over possession of his flat or his eviction from it, after following the procedure as laid down under the bye law No. 66 in respect of payment of the value of the shares and interest in the capital/property of the society acquired by the society.
Eligibility of the expelled member for readmission to membership of the Society – Society Bye – Law No. 56
No member of the society, who has been expelled from its membership, shall be eligible for readmission to membership in the Society, until expiry of the period of one year from the date of his expulsion, provided that on the recommendations of the meetings of the general body of the Society, the expelled member may be re admitted to its membership, as a special case before the expiry of the period of one year, with the prior permission of the Registering Authority.
Residents are often not aware of bye laws and end up being on the wrong side of the laws set down by the association. Communicate regularly to your residents of all updated rules and regulations, to ensure a well connected community.