Can nominee attend agm of housing society

Time limit for holding the AGM and minimum notice period. As per the model bye-laws for cooperative housing societies in Maharashtra, every housing society has to hold an annual general meeting ( AGM ) of the society , every year, before 30th September. It is the responsibility of the committee of the housing society , to ensure that the AGM is. AGM , take part in election (voting and contesting) 2. If second type of Associate Member cannot attend AGM what the reason behind behind accepting such membership?

Because as per Maharashtra State Society New Model Bye-Laws Annexure No.

Both type of Associate Members. An Annual General Meeting ( AGM ) is a yearly event that is held in a housing society , as per the society ’s bye-laws. Nominee CANNOT become a Mg. The event is compulsory to be held every year because it is meant to ensure the smooth running of the society and is attended by the society community leaders and housing society members.

What does AGM stand for in housing? When it comes to the elections within the Co-operative Housing Societies, the importance of Bye-laws has always been pivotal in nature. Can an AGM meeting be postponed?

But, with the advent of new Model Bye-laws now the election procedures have seen an epic growth in the very management of the affairs of the Co-operative Housing Society which solely vests in the Committee of the Management duly elected by the General Body of the Society that too being in consonance with the provisions of the Maharashtra Co-operative Societie.

See full list on blog. Following such amendment, the Chapter XIA governing elections viz. A to 144Y got eliminated. And in lieu, the same, Section 73CB got introduced by the ordinance. At the same time, the Mumbai District Co-operative Housing Federation cropped up w. In actual terms, the elections are supposed to be held on 14th August every year during the Annual General meeting but it hasn’t been followed most of the times.

Instea they are held sometime later during the year. As per Bye-laws, the election must be held on or before the completion of years from the date of the previous election. The period of years commences from the very date of the previous election.

As a result of such, any eligible member or an associate member with the consent of 1st member can contest the election immediately after seeking membership and his admission is made as a member of the society. First and foremost, the Managing Committee must introduce the initial steps at least three months prior to the date of conducting the election. There has also been an inclusion of probable conditions for disqualification in the Act, Rules and Model bye-laws for any member to be elected on the committee of the management.

Thus it negates the practice of standing fo. Election of all the members of the Managing Committee shall be held once in years in accordance with the Election Regulations. The retiring members of the committee shall be eligible for election.

If the paid up share capital is more than ‘10then the voting shall be done by secret ballot. No person shall be eligible for being elected as a member of the MC or Co-opted on it, if: 1.

He has been convicted of the offense, involving moral turpitude unless the period of six years has elapsed since his conviction, 1. He is unable to serve the society with the payment of dues to the society , within three months from the date of service of notice in writing, served either by hand delivery or by post (under the certificate of posting), demanding the payments of dues. During the general election of members within the committee of a society , on the election of two-thirds or more number of members, the returning officer or any other officer or authority conducting such election shall within seven days. He has to function as per Election Programme and Rules. If the number of nomination papers is equivalent to the number of seats on the Committee. If numbers of nomination papers are less than the number of seats on the Committee.

After scrutiny of nomination papers and date of withdrawal, the Returning Officer will have to report the valid number of nominations and an invalid number of nominations. If valid numbers of nomi. These Rules shall be called the Rules of Election of a member of the Managing Committee of the Co-operative Housing Society Ltd. They shall be deemed to have come into force from the date of their approval by the Registering Authority. Each and every Managing Committee is entitled to hold elections before the expiry of its term.

If the recovered share capital is more than 10then, voting shall be secret voting. The members of the society on the Register of Members as on 31st. The very new law has already taken a troublesome appearance towards the people who work in an honorary capacity in housing societies. Resulting from this, the very roadmap became very tedious and expensive for those who were forced to take the new route. On a conclusive note, we must not overlook the thin layer of another emerging issue which talks about the inadequate knowledge of housing society law.

It usually gets conversed into wrong interpretations by the people of management along with residents. The new law has corrected the flaw. It envisages the societies to put its impetus on contributing towards training and education of members through the local state housing federation.

Yes, it might give a birth to an additional financial burde. In case they cannot, the second name can attend with written permission from the first name. The Secretary presents the request for resignation by the associate member (duly agreed upon by the original member) in the next committee meeting for.

The reasons for barring a member from an election are largely the same in every state. In Delhi, the following applies: A member is disqualified from the managing committee if he: 1) Is a defaulter in payment of dues 2) Accepts any profits of the society 3) Is convicted of any offences involving dishonesty or moral turpitude (unless six years have passed since his conviction, in Maharashtra) 4) Is not a member of the society 5) Did not go through the proper procedure before sub-letting his fl. The chairman, treasurer and secretary of a building may be removed by the passing of a no-confidence motion against them. This can only be done in a meeting called by the other members of the managing committee, presided by the area authority (Registrar, in case of Maharashtra). In a housing society in Maharashtra, notice will have to be given by at least a third of the members of the committee.

The motion must be passed by at least three-fourths of the committee and at least two-thirds of th. Housing societies may collect funds in a number of ways, such as issue of shares, fees on transfer of flat or voluntary donations. These charges are to be split between the members. In addition to this, the society charges its members for the maintenance of the building.

In Mumbai, for example, this is how the charges are to be split: 1) Property charges: As fixed by the local authority, according to the area of the flat. Water charges: According to the number and size of inlets provided. You will need to get an NOC from the secretary of the society in the following cases: 1. Admission to membership of the society 2. To transfer shares or capital in the property 3. To sub-let the property or give on leave and licence or to appoint a caretaker 4. To make any structural changes to the property 5. To mortgage or create a charge on the property 6. To use the terrace or any other common area of the property 7. For allotment of parking space 8. When a property is sol the seller needs to apply to the society for transfer of the flat and membership. The procedure for transfer is identical in Delhi and Maharashtra.

Here’s what you’ll need to do: 1) Give the society at least days’ notice of the transfer, indicating the name and consent of the person who is buying the property. The society may charge a fee on transfer of the property. In Maharashtra, this used to be 2. Can both the co owners attend the AGM at the same time?

Right to attend Annual General Meeting. Bcoz in our society , committee allows only society flat owners (shareholders) only to attend the AGM. Please send any law regarding this, so i can fight if such rule is there.

Also our committee charge rs.