Housing (flat) society_online agm

Lijo Philip (Querist) 19 November 2022 This query is : Resolved
Dear Team,
I would like to present a situation for my apartment and would need your kind response to the same -
Our six (individual) tower apartment is an associated party to Travancore Act and we have some internal rift with the activities conducted by the current Committee members (as of today). We have requested them before to call the AGM as per the rules with physical presence of Committee members to present the Financial Statements and elect new body.

So far, in last two years they have not conducted any AGM and now they have organized one in the month of November 2022 (after taking charge of the office in 2019-2020). Also, they have kept this AGM online with voting.

Can we argue here (by giving the reference of any law or case) that we need mandatorily the 'physical AGM' or 'Hybrid model of AGM' instead of complete online AGM where the changes of misconduct can be higher.

Your response with case or law reference is highly appreciated. Thank you, LP

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Quick Summary

A resident is questioning the legality of their housing society holding an AGM entirely online, especially given concerns about potential misconduct. They are seeking legal grounds, referencing the Travancore Act, to argue for a mandatory physical or hybrid AGM. Advice suggests reporting the issue to the Registrar of Cooperative Housing Societies and potentially approaching the High Court if the Act or bylaws don't permit online meetings.

kavksatyanarayana (Expert) 19 November 2022
When there are only 6 flats in the apartment, how many EC members are there? If the society is registered under the Flat owners' welfare Association, it requires a minimum of 7 members and under the Housing Cooperative society, it requires not less than 20 members for housing society. So how can you register the society?

Lijo Philip (Querist) 20 November 2022
Dear sir,
I meant in my query has 6 towers and each tower is an individual building which has 76 apartments and the Rowe have total 485 approx flats and owners. Also, our property is govern by Travancor Act of Kerala.

kavksatyanarayana (Expert) 21 November 2022
Without physically conducting the AGM, you shall report the matter to the Dy./JT./District Registrar of Cooperative Housing societies of your district. Obtain the signatures of other aggrieved members/owners of the flats on the complaint. send it by registered post.

P. Venu (Expert) 27 November 2022
Which Travancore Act? Unless the said Act or the bye-law of the Association does not provide, online meeting is not valid. You may take up the matter with the Registrar concerned and if so advised, approach the High Court in a Writ Petition.

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