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Sayed Maqsood Ahmed   02 September 2023

cooperative housing society

learned lawyers

would like to know can the Managing committee of a cooperative housing society pass a resolution in their monthly meeting and then get it passed in the AGM without discussion or carry out any amendments to the resolution passed by MC in their monthly meeting

your immediate answer appreciated

kind regards


 10 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 September 2023

It is not possible to answer this question without knowing what the matter was. If the matter had been included in the agenda of the meeting it can be considered at the General Meeting and appropriate resolution can be passed with majority vote.

P. Venu (Advocate)     02 September 2023

The posting suggests deeper issues. Please post complete facts.

It is seen you have been posting many a query on identical issues. If there is a real issue, please post comprehensive query highlighting the core issues.

T. Kalaiselvan, Advocate (Advocate)     03 September 2023

The decision taken in the meeting of the MC members cannot be passed as a resolution in the AGM without being discussed or debated in the meeting and without obtaining the consent of required majority to pass the resolution.

Every resolution of a Co-operative Society under this section shall be passed at its general meeting by a majority of total members with right of/vote or two-thirds of members present and voting whichever is less and such resolution shall contain all particulars of the liability, transfer, division, amalgamation 

Every Resolution should be proposed by a Member and seconded by another Member entitled to vote thereon. Every Member holding equity shares and, in certain events as specified in the Act, every Member holding preference shares, shall be entitled to vote on a Resolution.

Sayed Maqsood Ahmed   03 September 2023

Dear learned sir

Finally I got the appropriate answer to my query regarding the procedure of the  passing of a resolution in the AGM  and that any resolution passed in the MC meeting is of no relevance .

You may continue to enlighten clients abiut such law with h your valuable adbice

Best regetrs

Dr. J C Vashista (Advocate )     03 September 2023

Do you suggest any other procedure / mode of getting approval of AGM for any "topic  / agenda"  proposed by MC which was stated to have been deliberated and passed by MC ? 

Sayed Maqsood Ahmed   03 September 2023

Dear Sir

There's external leakage issue in our society buildings and as per society's bye law society has to fix it from its own funds but the MC of our society passed a resolution in their meetibg that members of 2 buildings only put of 5 buildings to pay 50% cost of repairs 

Is this valid mode

Best regards 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 September 2023

What are Society's funds?  They are past, present or future subscripttions from the members only.  Society has no other funds. If there is a leakage problem which cannot be attributed to a particular member, the Society has to meet the expenditure from the funds which are past contributuions from the members. If the accumulated funds which are collected from the members and remaining in the Repairs Funds are not sufficient, are ear-marked for another purpose or for any other reason cannot be used for the current work, the Society can raise fresh funds from the members following due procedure. The due procedure is as follows. A General Meeting should be called following. The Agenda in the notice calling meeting should mention the amount proposed to be collected and the purose. At the meeting the matter can be discussed and put to vote. Those like the member here can vote against the resolution. Others may vote supporting the resolution. If those who support the resolution are more in number the resolution will be passed. Otherwise the resolution will be defeated. There are no different funds with the Society such as those contributed by the members and funds from other sources. The society has no other sources.

Sudhir Kumar, Advocate (Advocate)     11 September 2023

not  clear query.              

Sayed Maqsood Ahmed   12 September 2023

elected members of a housing society after election have to submit  M20 bond stating that they are jointly and severally would be liable for criminal prosecution for any fraud or illegal action committed by them. Since its a voluntary service. 

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=230989&offset=1

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 September 2023

The Section requiring bond from MC members has been deleted.

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