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Stalin   04 May 2016

Can monthly maintanence be finalized in sgm?

Hello Sir,

 

Ours is a new society and recently the Managing committee called a SGM to finalize the monthly maintanence along with transfer premium, and parking charges to be fixed.  This SGM was called with a 3 day clear notice and it ended up in fighting thus another SGM was called which only the committee members attended. 

 

Now the charges for monthly maintanence are fixed for 3500/- per month which is too high considering the project is a budget apartment. 

 

My question here is can the maintanence be decided in an SGM or should an AGM be called? Shouldn't there be a 5 days clear notice before the SGM is called? Also, many tenents were invited to attend the meeting just to get a head count and show majority, is this legal?  Your suggestions would be appricated.

 

Thanks.



Learning

 1 Replies

adv.bharat @ PUNE (Lawyer)     06 May 2016

1) special General Meeting is called up for specific purpose which may be decided by members and director general of society. The subject for SGM is sole discretion of the society menbers only. Thus maiantenance can be decided by SGM.

2) To conduct SGM notice must be given 7 days prior to the meeting.

3) To have meeting valid there must be 2/3rd majority of resident must be present for meeting .The resident may be their representative which may include tenant as temporary resident since they were paying rent to flat owner.

Thanks


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