Our society, situated near Nensey Colony,Borivali (east), had convened a Special General Body Meeting in the last month to enlighten the members about the pending court matter which has become an obstacle in redevelopment programme. The meeting was attended by PMC, Redeveloper and an Advocate. The meeting went through comfortably but we could not pass any resolution as one of the members objected to it on the grounds that the intention of passing any resolution was not mentioned in the Notice of the meeting sent to the members. Please advise me whether it is essential to mention the resolutions in the Notice itself. Otherwise the resolutions cannot be passed. We wanted to collect some funds for the court expenditure. What is the way out now?
I C Naik
BYE-LAW NO. 97provides that the Special General Body Meeting shall not transact any business other than that mentioned in the notice of the meeting. Business of the meeting of your housing society as per Notice was “to enlighten the members about the pending court matter which has become an obstacle in redevelopment programme “ No decision of members in Special General Body Meeting was proposed in the notified business. Attendance in General Body Meeting are normally thin. It was possible that reading a proposal to approve legal expenses or any other proposal requiring members’ decision many more members would have attended the meeting. Decisions concmany more members would have attended the meeting. Decisions concerning redevelopment can be taken at a meetinerning redevelopment can be taken at a meeting attended by ¾ of the total members, which also may not have been communicated as no decision was expected. Even if no one objected the resolution would have been invalid.
The society must call another Special General Body Meeting in accordance with direction given u/s 79A by GOVERNMENT OF MAHARASHTRA No. CHS 2007/CR554/14-CCo-operation, Marketing and Textiles Department Date: 3rd January 2009.
Quorum for the Special General Body Meeting convened for redevelopment of building of the Co-operative Housing Society is ¾ of the total members of the society and the Notice Period is 14 days.