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Rajiv Nisar (n/a)     14 May 2024

Housing society agm/sgm and online video conferencing

Our society intends to hold SGM to finalise redevlopment related Agreement with the developer. Many of the bonafide members stay either out of city limits/different state/overseas or are unable to attend physically due to medical reasons. About 40-50 members had jointly signed a letter to the managing committee to ensure online video conferencing during the SGM. After submitting the letter and subsequent 4-5 reminders by email, the committee, just 4 days before SGM, has categorically denied to have online video conferencing option during the meeting. This, therefore means, that when the committee asks to vote for approval/disapproval of the development agreement, members who are not present physically will have no say in the outcome. My question is, can a managing committee deny the request of 40-50 members in such a crucial scenario that could have a huge impact? If anyone can please help with basic guidelines, it will be greatly appreciated. Thanks in advance. Regards Rajiv


Learning

 8 Replies

P. Venu (Advocate)     14 May 2024

The extant norm is that is permissible to hold AGM or SGM partially or fully through video-conferencing; however, this is mandatory. As such, the members can bring the matters to the notice of the Registrar and getting approriate instructions issued to the EC.

Dr. J C Vashista (Advocate )     14 May 2024

The MC shall make all efforts to inform all the members to be present (physically or virtually).

At no (NO) point of time all the members shall be available (online + offline).

The decision taken by majority of members present (physically or virtually) in the AGM / SGM shall be final and binding. 

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

There is no bar or restrictions in law to conduct the proposed online meeting by the housing societies.

By using an online AGM system, members can participate in these meetings from anywhere in the world at any time.

As a result, the annual conference will become more successful due to an increase in member participation.

Due to the fact that face-to-face AGMs were traditionally held on specific dates and places, many members missed out on these meetings due to health-related issues, distance, or simply because they were unavailable.

Several critical issues remained unaddressed because many members missed these meetings. 

With Right2Vote’s online voting platform, members can conduct an online AGM using OTP authentication. This eliminates any risk of information leaking or disruptions. These types of annual meetings can be arranged safely and securely with the help of such authenticated online platforms.

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 May 2024

I presume that this is a co-operative housing society. Video conferencing e-votng etc are new things and they became more common during the corona period. Probably under company law there are provisions for such things. Co-operative laws in the matter of general meeting, voting etc are more restritive than company laws. Quorum at meeting. one member one vote and no proxi voting are requrirments for the legal vaidity of a co-operative society decision. Physical presence is also necessary. Have the laws been amended to permit video-presence and e-voting? Only lawyers may know.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 May 2024

Follow ONLINE-ONLY CLUBS

While many Toastmasters clubs hold their meetings onsite or hybrid (a combination of onsite and online), some clubs opt to hold their meetings exclusively online, with no physical meeting location. A full list of open, restricted, and advanced online-only clubs can be found below. Click on the name of a club to find the club's meeting information.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 May 2024

Clubs and associations can hold online and offline meetings. The question comes only when legally valid decisions are to be made. Our lawa are tuned for physical meetings only. A simple majority was sufficient for  a legally valid decion. When the question of redevelopment came up it was felt 100% was necessary. Cases went to court. Some courts ruled that 75% concurrence was sufficient. For online meetings and decisions also some such thing should happen.

Rajiv Nisar (n/a)     16 May 2024

Thank you Mr Venu, Dr Vashista, Mr Kalaiselvan for your valuable feedback. Have shared the information with the rest of the members so hopefully a majority request can put pressure on the mananging committee to hold a hybrid meeting making it possible for maximum members to be present during the meeting.

T. Kalaiselvan, Advocate (Advocate)     19 May 2024

You are welcome for your understanding and appreciations.

You may proceed as decided by all the members accordingly


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