Koshi Roy
My mother was a member of our Cooperative housing society. She passed away last year. Can I attend the meeting for transfer of the premises to my name? The society has asked only the members to attend the meeting and in the absence of the member the associate member can attend and participate in the meeting and discussions. Please advice.
I C Naik
Members in cooperative housing societies are so indifferent that they simply do not bother to walk in to their Society office and have a look at the Bye-Laws even once in life time. It is very well documented rules on running cooperative housing society and it provides for every detail in simple language which every member should know and can understand easily.
If Koshi had done this he could have frame his question also well that I do not have to make lot of assumptions.
I have been repeatedly saying please mention your State and possibly year of registration of housing society. But this has hardly been done by anybody.
Koshi has mixed up a very serious thing in one sentence. His question is
“Can I attend the meeting for transfer of the premises to my name? “ He has created serious doubt about his status and he does not seem to be even an Associate Member. As in that case he could have attended the meeting in her mother’s absence even when she was alive.
In the general body meeting one does not get the premises transferred by attending it. The transfer procedure ( in this case TRANSMISSION as a legal heir). This is a procedure between a member and the managing committee. It has nothing to do with the agenda of the general body meeting.
Koshi is advised to go to the office and find out if his mother had filed Nomination in his favour. If you find one you are lucky. If you don’t, you are in for a longdrawn procedure and meet the Hon. Secretary of the Society.
I would strongly advise every member of cooperative housing society to spend about Rs 100 and have a copy of Bye-Laws of the Society of which you are a member and keep looking at it as much as possible. Your flat in housing societies is still safe without you bothering much, but if you bother.
Name: Prashant
Location: Pune, Wakad
Validity of Annual General Body Meeting:
I am the Management Committee Member of my society located in Pune.
As per the old by laws, MC should conduct the AGM on or before August 14. And as per the 2013 by laws (AS PER 97TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT)), it says Annual General Body Meetings 96. (a) The annual general body meeting of the society shall be held on or before 30th September each year as provided under Section 75(1) of the Act. (As there is no provision for extension to hold AGBM ). Following the 2013 by laws, we conducted the AGM on September 21, 2014.Some of the members of the society, mentioned that, we cannot conduct this AGM as it is not as per by laws (We should conduct it before Aug 14). Since the society has officially (No document of proof that we adopted 2013 by laws) not adopted 2013 by laws, hence this AGM becomes null and void.
My Question:
1. Whetther this AGM is still valid, or it is null and void
2. What is the procedue to regularise this AGM (in case, it is null and void)
Name: Prashant
Location: Pune, Wakad
Validity of Annual General Body Meeting:
I am the Management Committee Member of my society located in Pune.
As per the old by laws, MC should conduct the AGM on or before August 14. And as per the 2013 by laws (AS PER 97TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT)), it says Annual General Body Meetings 96. (a) The annual general body meeting of the society shall be held on or before 30th September each year as provided under Section 75(1) of the Act. (As there is no provision for extension to hold AGBM ). Following the 2013 by laws, we conducted the AGM on September 21, 2014.Some of the members of the society, mentioned that, we cannot conduct this AGM as it is not as per by laws (We should conduct it before Aug 14). Since the society has officially (No document of proof that we adopted 2013 by laws) not adopted 2013 by laws, hence this AGM becomes null and void.
My Question:
1. Whetther this AGM is still valid, or it is null and void
2. What is the procedue to regularise this AGM (in case, it is null and void)