Cooperative housing society by laws
arunkumar
(Querist) 27 January 2017
This query is : Resolved
The managing committee of cooperative housing society tenure is 5 years consisting of chairman/secretary/treasurer and committe members etc.before the expiry of 5 years in march 2017 the chairman of the society expired and the information was given to the regisrar office about his death and other members interest in filling the post of chairman. The other iterested member was a payment defaulter hence asst registrar rejected his interest and ordered him to pay the society maintainance first.Now two Agm were taken and also some resolutions passed without chairman by secretary/ treasurer and other members. My querry is whether these resolutions and agm are valid and binding on all other members of the society.without chairman the caretaker committee has taken some decision of filing recovery under 101 etc.please advise.
Kishor Mehta
(Expert) 27 January 2017
Sir,
The post of the Chairman of the managing committee has to be filled before proceeding to hold any AGM, in absence of a Chairman the AGMs and the resolutions passed therein are irregular and invalid.
The concept of caretaker committee is not valid.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 28 January 2017
Bye laws of the society need to be referred.
