I’m a member of the managing committee (MC) of Felicita co-op society, Baner Road, Pune. We have a park in our society which was lying almost entirely unutilized. A group of volunteers from our society recently installed poles/nets/lights around the park for playing badminton, volleyball, and basketball. The managing committee approved this as it was for benefit of all members of the society. But now, few members are objecting to it, saying it is illegal as we’ve made structural change to the amenity and are threatening legal action.
Please advise:
1. What bye laws govern such changes?
2. What changes are treated as structural changes?
3. Can MC approve such changes without SGM or a SGM is required to approve the changes?
I C Naik
As a member of the MC it is expected that you have gone through your Society Bye laws. Also if there is a question you should consult the bye Laws once again. If you come across a bye law which appears to be giving a clue but you are not sure, you can raise question and also extract bye law about which you are not sure. If you did not come across and bye Laws then also raise a question quoting the “Year of Model Bye laws which were registered.
For example there is this bye law which talks of children playing games:
- The meeting of the general body of the society may, after taking in to consideration the location of the building or buildings of the society and their surroundings ant their children, allow such games to be played during such hours as may be fixed by the meeting of the general body of the society and subject to such restrictions, charges and penalties as it may impose.”
Structural Changes can be made to structure. In this case there was no structure only where is the question of making changes?