Our association was registered some 8 years back and till date some flats have been sold out. Just wanted to check on: 1. Do we have to re-register the association to include the new owners 2. If we want to make some additions to bye-laws, do we have to re-register 3. For any modification/re-registration, is it mandatory to obtain signatures of all owners. Many of the owners are currently staying oversees
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1) you don't need to re register the association
2) you have to admit new owners as members
3) you have to amend bye laws by passing resolution in AGM and getting amendments approved by registrar
4) for amendments you don't need signature of all members
5) resolution has to be passed by majority in AGM
Thanks you Sir. What is the process for getting amendments approved by registrar. Do we need a lawyer for that?
You have to enclose agenda of AGM , members present in AGM , copy of resolution approved by members present and voting
2) forward copy of bye laws for carrying out amendments
3) not necessary to appoint lawyer
1. Reregistration is not required as you just want to add some new owners as your members. So to this end a special resolution should be passed in AGM supported by the quorum laid down in the bye laws and then amend the bye laws,
2. Signatures of all existing members are not required to be obtained. The resolution has to be passed by the majority,
If your association is already a registered body and the registration is in current, then there is no necessity for re-registration especially for inclusion of new members.
The new members can be admitted by entering their particulars in the register kept in the society.
If some amendments are to be carried out in the bye laws, then a resolution to that effect has to be moved in the general meeting and the copy of the resolution along with the copy minutes (if necessary) should be enclosed with an application to the registrar of cooperative societies for their approval for incorporating the necessary amendments in the bey laws of your society.
For all such things a resolution in the meeting of the society is essential, in the resolution the necessary changes or modifications can be approved by the members attending the meeting but with coram.
What is the process for getting amendments approved by registrar. Do we need a lawyer for that?
You can do it by your own if you know the procedures, however if you would engage a lawyer's service, it is your own choice.