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Krishnan (av)     16 August 2015

Powers of care taker committee

Hi,

I am writing this message to seek clarity on the powers of the care taker committee in a co - operative housing society.

Background: Our society, based in Mumbai, is about 45 years old. Our society has 11 members. We had adopted the new bye laws last August. We have submitted a copy of the model bye law to the registrar, after due signatures, indicating the willingness of the society to adopt them. We have also received an acknowledgement from them.

 The current managing committee had taken charge 6 years ago. They are not keen to continue further. We wanted to appoint a new committee, but as per the new bye law, the process for electing the new managing committee has to be done in the presence of an official from the housing federation. When we checked with them, the Housing Federation officials indicated that they will come only after 6 months since they are facing shortage in staff.  Hence, we have been told that the existing committee is only a care taker committee. They cannot take any major decisions, but will help the society in routine, day - day transactions.

However, the members of the society have expressed their interest in initiating discussion for the re-development of the building.  We had initiatied this discussion a couple of years ago, but it had been terminated abruptly. We want to re-start this discussion, since the condition of the building is bad. We have the following queries:

1. What are the powers of the care taker committe, in this scenario?

2. Can the secretary, call for an official meeting (e.g. EGM) for redevelopment (basis the request of all the members) to discuss important issues like redevelopment?

3. Can this committee, approve and sign papers, on behalf of all members, pertaining to redevelopment (assuming the new committee has not been formed)? If so, what support do they require from the members?

4. If the answer to Question 3 is NO, how should the society proceed with such important issues e.g. redevelopment?

5. What caution / precaution should the members and the managing committee take in such scenario?

Request you to kindly guide us.

Thanks in advance.

 

 



Learning

 1 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     16 August 2015

1.  FIRSTLY, the "housing federation" has no authority to conduct elections.


2.  SECONDLY, Make a proper requisition application to the local coop. ward registrar, to depute a "returning officer" to conduct proper procedure elections.   ONLY a duly elected Mg.Committee can conduct proceedings for redevelopment or for anything.


Keep Smiling .... Hemant Agarwal
Read Articles: https://hemantagarwal21.blogspot.in/?view=sidebar


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