• Election of the Managing Committee of a Co-op Housing Society

I understand that as per the Model Bye-Laws, the Managing Committee has to be elected under the supervision of a Returning Officer (in case of societies with less than 50 Members). Ours is a very small society with 19 flats and 17 Members. Of these, 7 flats have been rented out by the respective Members. Thus only 10 Members are available who can take on the responsibility of being MC Members/Office Bearers. Even within this group, many Members are professionals who travel frequently and are not willing to take on the responsibility. We have as a matter of practice, been forming the MC by getting members to propose names of MC Members. The name is seconded by another Member and the person is declared a MC Member/Office Bearer. The decision is recorded in the minutes of the MC and ratified by the General Body. In the absence of a formal election procedure overseen by the Registrar/ Returning Officer, we are told that the present committee is invalid and cannot take any decision on matters that are not a part of daily administration. What should we do to regularize the same?
In an article I have read that in smaller societies the no. of MC Members can be 5 with 3 forming the quorum. The Bye-laws mentions minimum 11 MC Members. What is the correct position?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

1) you need to elect 6 general members , 2 ladies members . if you have scheduled caste , OBC members then 3 of the said flat owners have to be elected . thus total 11 members have to be elected

2) you need to elect minimum 8 members

3)quorum would be 5 members if only 8 members are elected

4) even if members have rented out their flats they can still be elected to MC

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

you should get response within a month or so .

2) present committee can issue duplicate share certificate

3) transfer flat

3) decision of MC has to be ratified by AGM

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

The quorum 19 member society is 9 and that can be completed in case of anything is being called off and on completion of the quorum the same meeting can be called again after 48 hours and the members present in the meeting is deemed as a quorum the registrar of the society should be intimated by the Managing committee with the list of members of the society and the detail of the proposed election in the supervision of returning officer if appointed by managing committee or request to the register for appointment of returning officer an election should be complete if it is voted by one third of the members for constituting Management Committee before conducting the AGM share certificates should be issued to the members to make them eligible to vote and the Management Committee election after the completion of the result , the register shell be informed the name of the elected members

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

Yes the present committee can issue a duplicate certificate and can also transfer the flat.

In the AGM the decisions of the committee has to be ratified.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The entire procedure to complete the application and date of election will br approx 2 to 3 months

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

1. The same situation prevails in most of the Societies where no election takeds lace and members are selected unanimously.

2. The said procedure is perfectly alright.

3. We are following the same procedure in Kolkata where I am residing.

4. Your quorum should be based on the numbers of non residing flat owners also who have rented their flats.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If you have candidates to contest the election to be held as per the bye laws then you can take up the matter with the Registrar accordingly.

2. If you do not have enough contestants, it will be a simple selection process.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Managing Committee of an apartment complex maintains common areas, amenities and attends complaints from apartment owners or residents of the apartment complex. The Management committee is typically composed of a President, a Vice President, a Secretary, a Treasurer (together known as the Executive Committee) and 8 other members. Management Committee represents apartment owners association before all official and non-official bodies concerning building and other member’s rights and interests.

Before electing the Managing Committee, an association of apartment owners should be formed. An apartment owners association in any state may be registered under – the Societies Registration Act.

An apartment owners association can be formed and registered with minimum seven members; and later more members can be added to association. All persons who have signed the application for registration of association shall be deemed to be the original members. Registration of apartment owners association can be done either at the state level (i.e., in the office of the Registrar of Societies) or at the district level (in the office of the District Magistrate or the local office of the Registrar of Societies).The procedure varies from state to state. However generally the application should be submitted together with Bye-laws and Memorandum of association, declaration by the members of association and prescribed registration fee.

First the general meeting of members elects the Managing Committee of the association.

. Elections of all the members of the Managing Committee shall be held once in two years. The term of office will commence from the date of the Annual General Meeting date till the next Management Committee takes charge. Following is the procedure for the election of members of the Managing Committee.

he Election Officer or Returning Officer would be elected in the Annual General Meeting one year before the Managing Committee gets dissolved. The election officer shall have the powers and responsibility to conduct the elections.

he Election Officer invites nomination for the Managing Committee from members of the association. If an association member is in arrears of maintenance or contribution to any common expense, he/she shall not be eligible to contest the election.

Not less than 90 days before the expiry of the term of the existing Managing Committee shall the said Committee prepare the election program. The Election Officer will draw the program accordingly so that his report including election results can be placed before the Annual General Meeting. The Election program shall formally be notified by the Election Officer.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

If I write to the Registrar and ask for elections to be conducted, within what time frame are they expected

Why are you so much interested to conduct the election to the office bearers when there is no dispute about the office bearers selected by a different mode?

Not less than 90 days before the expiry of the term of the existing Managing Committee shall the said Committee prepare the election program. The Election Officer will draw the program accordingly so that his report including election results can be placed before the Annual General Meeting. The Election program shall formally be notified by the Election Officer.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

If the same order is passed by Dy Registrar you can go for revision of the same to registrar of Co-operative societies.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

1. Due procedure of Elections thru the Cooperative Registrar is mandatory, who will conduct elections for minimum 11 committee members, irrespective of the conditions /criteria in the Cooperative Society.

2. IF management is difficult, due to members non-participation, THEN it is best to deregister the Society from the Cooperative Act and Register the same as a Association (RWA) and then carry on the management with who so ever is willing to conduct the affairs of the building.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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