Signing authority in a c.h.s.
GLEN FERNANDES
(Querist) 23 October 2012
This query is : Resolved
Dear Sir, I am Glen Fernandes residing at Malad w, Mumbai in a Co-operative housing society Ltd.I had purchase my Flat in 2010.Our society is in the process of going for Redevelopment and with respect to same matter I wanted to submit a letter to the society to provide me a copy of Final Feasibility report. When my wife had gone personally to submit my request letter and get it acknowledged the same, the secretary refuse to accept. She said to go and submit to Mrs. Sussan.Now, Mrs. Sussan is a working staff of the society’s Joint Secretary who is running his own office in the same Society. The secretary also said that in 2008 the Managing Committee had passed a resolution saying that all letters pertaining to society to be given to Mrs. Susan and same will be acknowledge by Society Rubber stamp and Mrs. Susan’s signature. The Secretary also said that Mrs. Sussan has been Authorize to accept and sign by the Joint Secretary to do the same. On inquiring with the other members, they said this procedure has been following since 2008 when the present MC came into power. Also there was no such resolution nor was anything of such discussed in the General body meeting. Also 98% of the member’s correspondence are never replied by the MC.The matter was taken many a times to the Deputy Registrar but failed to get a positive response, since the Joint Secretary is rich and influential person. My question to you is
1. Leagally can the Joint Secretary appoint his staff to acknowledge our members letters?
2. What is the legal status of a letter which is acknowledged by the Joint Secretary staff?
3. Can the Managing Committee pass such resolution without the consent of the General Body?
3. What action to be taken on the same?
ajay sethi
(Expert) 23 October 2012
if for sake of convenience resolution has been passed by managing committee authroising Mrs susaan to accept correspondence on behalf of society and give acknow ledgement there is noo harm in the said practise . said acknow ledgment would be valid
Guest
(Expert) 23 October 2012
If by passing a resolution, the managing committee had duly authorised Ms. Susan to receive correspondence, that is a good authority in law.
GLEN FERNANDES
(Querist) 23 October 2012
Sir, thank you for your prompt reply.The resolution passed was without the consent of General Body.Also a copy of resolution is not provided to the members.My question is, no where in the Bye Laws it is mentioned that the secretary can authorize a outsider to accept letters.Then how it is valid?
Guest
(Expert) 23 October 2012
The decision was within the power of the managing committee. Resolutions need not be passed by the GB for every small matters.
GLEN FERNANDES
(Querist) 24 October 2012
Thank You for all your advice.Appreciate your prompt response.
