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Mc election and action by old committee for sgm

(Querist) 28 July 2016 This query is : Resolved 
I bought flat in redeveloped building in 2013, which got OC, and i got possession in May 2014. building has conveyance. now in July 2016 builder is getting us added as member in the same old society and not forming new society.Old society as it is will continue and thier MC members.

MC term was expired in Jan 2016 and they applied with registrar for election as per new bylaws now on 18th July 2016. in the mean time they are planning to call for Special General Body meeting to conculde the resolution of new flat purchasers to be added as member and to structure the monthly mantenance charges, forming of society rules.

1. whether the above transaction is valid as the committee term was expired and new committee is yet to be formed?

2. can still the chairman call for SGM? current year AGM is still to happen and Financials also pending.

Kindly suggest.

adv.bharat @ PUNE (Expert) 29 July 2016
Which state do u belong?
SGM is special authority given to the society. THe decision taken by committee can't be invalid due to expiry of term.
SANTTHOSH SHETTY (Querist) 29 July 2016
thanks for your valid input. i am from mumbai- maharashtra.
Rajendra K Goyal (Expert) 30 July 2016
Refer the bye laws of the existing society.
Hemant Agarwal (Expert) 03 August 2016
1. IF the purchased Flat is in a "redeveloped" building, THEN it means that the Society already exists.

2. All new Flat-Purchasers are bound by the redevelopment agreement and flat-purchase agreement to join the existing Society.

3. The new Flat-Purchasers CANNOT form a new Society, within a Society. It would be grossly illegal.

4. Resignation of Mg.Committee or End of Term of Mg.Committee is of no relevance to new Membership issues and grant of membership issues is bound to be honored, by new Flat-Purchasers.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
SANTTHOSH SHETTY (Querist) 03 August 2016
thank you very much for the detailed explanation.


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