Twenty percent of you can decide AGM agenda

Ajit Terdalkar

We are the residents of a society in Kandivali west and there are 222 flats in 8 wings. We had written a letter to the committee 3 months back and are following up for the answers.

They have not replied to the answers in the AGM also and all the committee members have resigned. Only the chairman and the treasurer are in office now.

What is the maximum no of members that can be admitted in a managing committee?

From our wing 5 people have been nominated to be part of committee member however the chairman says there is a rule that only 2 people can be accommodated from each wing.

Is there any such rule that only 2 people can be a member of the committee from each wings.

He refuses to accept anything in writing and we want all the transactions and the communication in writing from the members of the society.

Committee members also refuse to provide any records when requested by the members of the society and talk in autocratic manner with us.

 

I C Naik

It is heartening to note that level of member’s interest in housing society management is steadily going up as evidenced in the wide variety of topics covered by the questioners.

At the same time satisfactory answers can be given if members describe the grievances / doubts absolutely clearly. As housing society’s management is heavily influenced by the registered Bye-Laws, so specifying Model also helps in clarity.

Ajit Terdalkar is a member of housing society in Mumbai having about 200 members, assuming 22 units  are held by members having multiple f l a t s in their name.

As per Bye-Laws (Model 2001 and 2009) your housing society must have a strength of 9 members including 1 woman (Reserved Constituency). The Tenure of the Committee is 5 years.

The grievance is the Committee does not reply to members but what questions are not answered is not clarified. For that what can be a remedy is a very wild guess work with no meaning.

The grievance revolves round the fact that for undisclosed reasons 7 members have resigned leaving two members on board holding fort.

There is nothing like wing wise reservations. The Society is one entity and constituencies are two general and Women with 8 + 1 seats on the Committee.

If the present committee’s term has expired or at least half the term has been served before the mass resignations, the two office bearers can co-opt 7 members to be in office till next elections are held.

It appears that there are other members along with Ajit Terdalkar sharing his views. If there are more members with him the strength of which is more than 20% of the total members( not the flats),   ( i.e. 40-45 members) all of you can decide the agenda of the general body meeting (Special) and submit it duly signed by all 45 members to the Secretary. If the meeting is not held within 30 days write or meet the Dy Registrar his office is in (Thakur Complex Kandivali East) with a second copy of the Agenda (in Original) signed by 45 members. He will call a meeting where your agenda can be discussed and put to vote.

Meanwhile, spend about Rs 100 and obtain a certified copy of the bye-laws of the Society to ascertain exact position. If Secretary does not furnish a copy within 30 days take a copy of the acknowledged application and zerox of cheque of Rs 100 to the Dy Registrar R South Ward on 90 Feet Road in Thakur Complex.

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