S.N.Gaur
In the process of redevelopment my Managing Committee gathered consent letters from more than 25% members. But did not comply first process of calling SGM wherein MC should put resolution of Redevelopment for approval. They straight way called SGM for Appointment of PMC. In Notice of SGM also they incorporated many more subjects than what is mentioned in the circular of 2009.The Committee came into power with vested interest of redevelopment in unjust without complying the process of redevelopment.
My queries are ;-
1 ) Is it not necessary to call first SGM as soon as you get 25 % consent letter from members to declare that MC is empowered to initiate Redevelopment process.
2 ) Committee has distributed 2 different minutes of SGM bifurcating one wherein all 3 point required for Redevelopment were mentioned .
3 ) All other subjects of routine matters were kept in second half session of SGM. Even again attendance of second half was given.
4 ) While discussing on name of PMC the resolution was just proposed & seconded.They forgot to put the same for voting. They have not mentioned whether it was passed unanimously or majority.In video also putting the same to vote is not seen.
5 ) Whether Associate Membership is given to those “whose name doesn’t appear in Agreement” is legal ?
6 ) Can member be declared Inactive before completion of 5 years from 2013 when amendment 97 came in to force ?
Kindly reply to above queries
I C Naik
1.REDEVELOPMENT needs approval of 90% of Members of the Society and in General Body Meeting.
2 and 3 are procedural matters only.
4.Resolution not put to vote has no force.
5.Associate member need not be a joint purchaser of the flat.
6.Conditions to declare a member Non-active member comes in to force on 14 2 2013. If a member fails to attend a single general meeting for 5 years i.e. up to 14 2 2019 then only he can be declared non-active.