Apartments association meetings and bylaws
gk
(Querist) 04 September 2024
This query is : Resolved
Dear Experts,
Good Morning.
We, the Apartments Owners Association has been formed and registered under the 1860 Societies Registration Act XXI in 2023 September along with all those completed formalities including submission of the first GBM approved Bylaws.
In the bylaws (already reviewed and approved by the district registrar office, Kerala)we have mentioned regarding the mode of conducting the meeting (both EC-Executive Committee and General Body Body including AGM) as: if required, the President can decide to make it either online like google meet or for a hybrid mode (online cum direct). With reference to this point, the first AGM now in August, we have conducted the meeting in google meet mainly to submit the audit reports of the 23-24 year and for the election of new team as office Bearers and EC members for the asdociation with ref to our bylaws. Thus through the google meet we have elected a new team of office Bearers and EC members which has been accepted and approved by the GBM.
Now as part of the Certification/Registration renewal, we have submitted the relevant minutes of the above Google meet AGM along with attendance of the members in the meeting etc. along with newly elected members list for their review and approval.
But the registration office denied to approve the same stating that Googlemeet is not allowed or approved by the Govt for such matters. How can us produce the proper evidence without the signatures of the members attended ..... is also the main query they have.
Now, my query are as follows:
1. Whether anything is mentioned in the 1860 Societies Act specifically indicating the administrational norms of the registered apartment association including how to conduct the meetings, how to prepare the minutes, who should review the meeting or approve it - that we should follow and write in the Bylaws?
2. Otherwise based on which reference we should make our Bylaws?
3. If the clauses and statements in the approved (approved by the distvregistervoffice) bylaws are not for the implementation, then what is the purpose of such bylaw?
We are now in such a scenario that unable to move forward.
Anticipating expertised advice and suggestions to move ahead.
Thanking you
GOPALAKRISHNAN
T. Kalaiselvan, Advocate
(Expert) 04 September 2024
1. As per the societies act, The functioning of a cooperative society is regulated by government-framed rules and the society's bye-laws. The bye-laws should consider cooperative principles. You may go through the referred law and ascertain the details as sought for by the competent authority and can discuss with other members and proceed as per provisions of law.
2. You can get the draft bylaws from the office of the deputy registrar of cooperative societies.
3. The Central Registrar of Cooperative Societies has model bye-laws for cooperative societies. The Model Bye-laws are simply a representative sample and a guide to frame bye-laws of a multi state cooperative society.The society is required to refer to the MSCS Act. 2002 and the Multi state Cooperative Societies Rules 2002 to ensure that the bye-laws framed are consistent with the MSCS Act 2002 and rules”.
gk
(Querist) 04 September 2024
Dear Kalaisrlvan Sir,
Thank you very much for your detailed response.
Sorry for further queries .......
But whether all the specified Acts are interconnected to the 1860 Act 21 which is the only Act we are associated with at present?
I have seen a big bunch of pages of 1969 Coperative Societies Act 7 which all are associated with cooperative societies .... but we are an apartment Association is noway consider as a cooperative society ....no?.
Even though our association should be follow the 1969 Coperative Societies Act ? We have approached at least four of the nearby apartment associations to get some clarification...... but all are telling that it is prepared as a copy paste format from another apartment Association and all are unable to explain anything about the rukes/norms authentically ......
Yesterday I did consult with a legal expert who has communicated to me that 1969 Socitues Act is not applicable to us and we should only follow the 21 pages of 1860 Act.
That is the reason for the post here in our respected group, Sir.
kavksatyanarayana
(Expert) 04 September 2024
Your society was registered under the Societies Registration Act of 1860 as it is only an Apartment Owner's Association, but not under the Cooperative Society Registration Act. As per the act, the society general body meeting shall be conducted every year in a specific month. The executive or governing body shall meet every quarter of a year. The minutes/resolutions approved shall be filed within 14 working days from the date of the General Body meeting before the District Registrar of Societies of the district.
