Formation of a housing society in rajasthan
Awni Ranjan
(Querist) 14 December 2020
This query is : Resolved
I understand that in Rajasthan the minimum quorum for AGM of a society is two thirds of total number of apartments / flats this sounds bizarre because these days there are many multi-storied / multi-towered building that have more than thousands of apartments / flats.
And it is practically not possible to ensure presence of 2/3 members , e.g. 667 members in a new housing society of 1000 members
I understand that in Maharashtra and Delhi the minimum quorum is 2/3 of total membership or 20 whichever is MINIMUM , and this sounds logical and practical
ISSUE : (1) WHAT is the legality resolutions passed by 2/3 members or 20 members in Rajasthan
(2) can a housing society overrule this part of the Rajasthan Act
Isaac Gabriel
(Expert) 14 December 2020
Law overrides the bylaw. Minimum 20 is suffice and valid to pass resolution
Awni Ranjan
(Querist) 15 December 2020
Unable to understand your comment Sir. If the Act passed by the state is Law ( which says 2/3 of members ) then how can a group's - housing society - bye laws ( 20 minimum ) is sustainable. Kindly elucidate. Regards
Rajendra K Goyal
(Expert) 16 December 2020
Law has to be followed till it is changed otherwise.
Approach Government for amending it appropriately. Take help of representation and MLAs.
