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Krishnan (av)     20 August 2015

Powers of care – taker committee in co-operative society

Hi

Background:

I stay in a co-operative housing society in Mumbai, which is 45 years old. We had recently adopted the new bye laws. This was submitted to the registrar office and we have received the acknowledgement of the same. As per the new bye law, the election to the new managing committee can be done only in the presence of a representative of housing federation. When we checked with the housing federation’s office, they informed us that it will take atleast 6 months for the representative to come (since they are short of staff).

The current committee has been in office for the past 6 years and have expressed their interest in discontinuing from the committee. Since we cannot the new committee now, they are continuing as a care – taker committee. As per our understanding, the functioning of the current committee is primarily to ensure smooth functioning of all essentials e.g. payment of electricity bills, all taxes etc.

 

Since our building is old, all the members have expressed their willingness to go for re-development. I am seeking clarifications in the following areas:

  1. What are the powers of the care – taker committee? What all can they do and they cannot do?
  2. Can the care taker committee call an EGM to discuss important issues like Redevelopment (specially if all the members want a discussion)?
  3. Can the current committee sign on redevelopment documents? (on the basis of the agreement of all the members)
  4. If not, how should the society proceed in such a scenario? What should be done to safeguard the interests of the members and the care – taker committee?

Thanks in advance.



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