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Co-Operative Societies Act 2008


208. Abandoned goods

1.     Where a member—

a.     has his membership terminated or has vacated or abandoned the housing unit formerly occupied by him; and

b.    has left property in the housing unit, the housing society may apply to the Magistrate’s Court for an order authorising it to remove the property from the housing unit and sell or otherwise dispose of it.

2.     The Magistrate may make an order pursuant to subsection (1) where he is satisfied that the housing society has made a reasonable effort to locate the former member.

3.     Where a housing society sells or otherwise disposes of property pursuant to an order made under subsection (2), it shall pay into the Magistrate’s Court, to the credit of the former member, any remaining proceeds of the disposition after deducting—

a.     any amount with respect to costs incurred by it relating to the disposition that it would be authorised to retain if the property were goods sold pursuant to distress for housing charges; and

b.    any arrears of housing charges and damages that the Magistrate allows.

4.     Where a former member does not claim the remaining proceeds described in subsection (3) within 3 months after the date the money was paid into the Magistrate’s Court, the money shall be paid into the Consolidated Fund.

5.     Where a housing society removes, sells or otherwise disposes of property pursuant to an order made under subsection (2), the housing society is not liable in any action taken by the former member with respect to the removal, sale or disposition.



Co-Operative Societies Act 2008 Back




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