Related to mcs act 1960
mahmood mithani
(Querist) 29 September 2025
This query is : Resolved
Our society is mumbai based co operative housing society, yesterday ie.28th sept,2025 there was a AGM in the society compound, there was one particular rule ie. increase in mainteance charges by Rs.0.15 paise per square feet after period of 14 years, which was passed by majority as it was the need of the hour ie.22 yes & 8 no, the society having total members 71, but present in the meeting is 30 members
But within 24 hrs some committee members asking the secretary to reverse the decision of maintenance increase.
My question is since the rule is passed by the majority present in the meeting, do the Secretary or committee members have the right to reverse the decision passed by the majority members specially when the minutes is not yet prepared and filed with the registrar?
T. Kalaiselvan, Advocate
(Expert) 30 September 2025
The validity of the vote depends on the Resident Welfare Association's (RWA) own bylaws, particularly the provisions for quorum. A resolution to increase maintenance charges can only be considered valid if the meeting was attended by a sufficient number of members, as specified in the association's rules. Quorum is the minimum number of members that must be present at a meeting for it to be authorized to make decisions. For RWAs, this rule is typically outlined in their bylaws or model constitution. The quorum can be 1/3 or 1/2 or 2/3 depends on the bylaws of the society. With 71 total members, you would need to calculate the quorum based on your association's specific rule..For most resolutions, a simple majority (more than 50%) of the members present and voting is sufficient.Since 22 votes represent a clear majority of the 30 attendees, the resolution passes, provided the quorum was met. If the quorum was not met: The meeting could not legally pass any binding resolution, so the vote to increase maintenance would be invalid. In this scenario, the meeting should have been adjourned and reconvened at a later date with proper notice.
mahmood mithani
(Querist) 30 September 2025
thank you very much for your reply, yes sir quorum & othere aspects related to AGM is full filled as per the by law, there is no dispute and any ambiguity related to conducting of the AGM
kavksatyanarayana
(Expert) 30 September 2025
Neither the Secretary nor Committee members have the right except for a resolution passed by the Majority in the AGM.
Sudhir Kumar, Advocate
(Expert) 01 October 2025
Generally Secretary/President cannot later the general body resolution rules it contravenes the society constitution.read society constitutions. whether the quorum of meeting was full.
Dr. J C Vashista
(Expert) 06 October 2025
A resolution for increase in maintenance adopted and passed by majority of members present in the AGM, is a valid decision.
