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Sayed Maqsood Ahmed   30 August 2023

cooperative housing society AGM.Agenda points

dear learned advocates

our housing society's AGM was held last week.

can we advise the MC of our society to drop one agenda point, which is contradicting to the provision of bye law ie. 159 a .external repairs, which is society's responsibility to fix it from its own funds, but society is threatening and asking members to pay 50% cost of repairs.

can the MC have the right to adjourn or postpone the AGM by partially conducting the business and organise the AGM on next date.

as we are aware AGM is held only once in a year.
please advise legal views immediately

thank you in advance


 5 Replies

Real Soul.... (LEGAL)     30 August 2023

The society bye-laws shall apply , that goven your affairs. Just check in the bye-laws if there is any such provision 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 August 2023

If you are a co-operative housing society in Mumbai, there is a Repairs Fund under the byelaws. Members contribute to the Repairs Fund at a rate proportionate to the area or book-value of each plant. Cost of all repairs, which are Society's responsibility shall be met from the Repairs Fund. Managing Committee can decide on the repairs up to Rs. 1 lakh. If the cost is more than 1 lakh the MC will have to call a meeting of the General Body and decide. If the funds available in the Repairs Fund is not sufficient to meet the costs, the General Body can decide to collect additional amount from the members either on a one time basis or in instalments. All the fund requirements and how it is proposed to me met will have to be clearly stated in the notice calling the general meeting. If you do not agree to the proposal you can vote against the resolution. If majority of members attending the meeting vote against, the resolution will fail. What is the source of funds for the Society? It is by contribution from members only.

Sayed Maqsood Ahmed   30 August 2023

Dear Sir

Many thanks for your views.

Our society is collecting more than 1 crore per year as maintenance charges from around 240 members.

Also as per model society bye law 159 A of the Maharashtra Cooperative Housing Society Act 1960 its the responsibility of the society to carry out all external leakages repair works.  Whereas bye law 159 B states that all internal leakage work will be carried out by members   so our society cannot demand 50% cost sharing of the waterproofing work. Also our society has enough funds in reserve fund, sinking funds and repair and maintenance funds. And also FDs in 2 banks around 5 to 6 crores.

Still Your legal views will be appreciated 

Best regards 




T. Kalaiselvan, Advocate (Advocate)     31 August 2023

This is a matter to be decided in the AGM or any other meeting held for this purpose or conducted for any other purpose.

The aggrieved parties can always approach the deputy registrar of cooperative societies with their grievances including the society's illegal activities in this regard.



Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     31 August 2023

If business at a General Meeting could not be finished  at the same meeting,  further proceedings can be postponed to another date within 30 days under Byelaw No.102.

Under Byelaw No. 159 repairs to roofs of all the flats are also the responsibility of the Society.

Just because cash is available as FD's in the bank, it cannot be used for any purpose. Your Society must be giving annual accounts to the members just before every AGM. You read the balance sheet in the annual accounts. On the left hand side various funds such as Sinking Fund, Reserve, Repairs and maintenance fund and any other fund will be given. On the RHS cash available in bank accounts (FDs) and other assets will be given. Both sides should match. Assets like bank balance will be usable. If there are any fixed assets obviously they will not be usable. The amount shown under Repaiirs Fund and Reserves could be used for repair work. Amount shown under Sinking Fund cannot be used. Permission of competent authority is required to draw money from the Sinking Fund. It is not advisable withdraw from the Sinking Fund. They are for long term protection of the property of the Society which I cannot explain in this short note here.

What is the estimated cost of the repairs?  How much money is available in the Repairs Fund up to 31-03-2023? Is it sufficient to meet the cost of repairs?  If not have you got other funds like Reserve Fund or Funds known by any other name. If such funds are not available or cash in the funds is not sufficient to meet the expenditure, Society will have to raise the funds. What is the source for the funds, you members only. If you are disputing anything give actual figures.

Members do not care to read the accounts or even attend the AGM's. Only when funds are required, they complain. Tell us what is the estimate for the repairs and send us the balance sheet.

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