Challenging resolution of agm in cooperative housing society
Swaty Gupta
(Querist) 20 March 2024
This query is : Resolved
Dear Experts,
I am the President of a cooperative housing society in Delhi.
In the last AGM held on 8 October the passed resolutions included audited accounts, increase in maintenance amount and declaration of elections of managing committee which were held on 10th December 2023. I won and this is my second term as President.
No disputes regarding elections were raised till now.
Now my opposition has instigated residents against me and want to hold an SGBM and want to declare the minutes of the AGM as null and void among the long list of agenda items including no confidence motion.
I want to ask whether -
1. General body had any right to declare AGM minutes as null and void.
2. Can a SGBM agenda contain ambiguous and multiple agenda items.
Regards,
Vineet Singh
T. Kalaiselvan, Advocate
(Expert) 21 March 2024
A Special General Body Meeting of the Society may be called at any time at the instance of the Chairman or by the decision of the majority of the Committee and shall be called within one month of the date of the receipt or requisition, in writing signed by at least 1/5th of the Members of the Society or from the Registering Authority or from the Housing Federation, to which the Society is affiliated. The meeting so convened shall not transact any business, other than that mentioned in the Notice of the Meeting, fixing date, time and place for a Special General Body Meeting requisitioned.
No resolution can be brought at a General Body Meeting of the Society, cancelling its previous resolution, unless six clear months have elapsed, after passing of the previous resolution.
A resolution, even if passed at an annual general meeting (AGM) of a housing society, would not be binding if there is a lapse in the subsequent procedure of confirmation of minutes within the stipulated time.
Swaty Gupta
(Querist) 22 March 2024
Dear Sir,
Thanks for hour reply. What you have explained is true for Maharashtra Cooperative societies. My society is in Delhi as I mentioned in my query. In DCS rules 2007 I could not find anythjng related to my query.
T. Kalaiselvan, Advocate
(Expert) 22 March 2024
Since the Delhi is having different rules in this regard, you may contact a local lawyer having expertise on the subject and get all the issues clarified in person
