• Virtual /Zoom AGM by Apartment Society registered under Society act-Karnataka

We are 800+ Apartment complex in Bngalore, registered under karnataka Society Registration Act. Society would like to hold Virtual / Zoom AGM this year due to COVID-19 Restrcition for physical assembly. My questions:
1. Are we permitted to hold virtual AGM- legally correct ?
2. How many days notice in advance be given?
3. How to handle attendance and voting for passing resolutions
Asked 4 years ago in Civil Law

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17 Answers

Yes society can hold zoom AGM meeting 

 

2) notice for meeting has to be given as per bye laws 

 

3) all flat owners who log in for meeting would be marked as present 

 

4) resolution to be passed after discussions by voting 

Ajay Sethi
Advocate, Mumbai
94791 Answers
7549 Consultations

5.0 on 5.0

Hi

1) Yes, You can hold virtual AGM on account of existing pandemic

2) You should give 30 days notice for AGM (Notice should include Zoom registration procedure). But notice should state that you will be using google forms for voting / passing resolutions/

3) Flat owners should first register on the Zoom Link and thereafter  you should send  secure login and password for all attendees.

4) Voting can be held using Google forms .

5) you can also hold training sessions for flat owners on how to register for Virtual AGM and also for voting using Google forms.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

No law has prohibited the virtual Zoom AGM.

I am quite sure most of you and members of your Society are aware of the mechanisms of operation of virtual  zoom meeting via video Conferencing. 

You prepare list of members of Society and serve the agenda and  notice of AGM through WhatsApp group of Society members prior to 14 days before 30th September 2020.

Its equivalent to physical meeting. 

Its legal and no ordinance or Act has prohibited Virtual AGM meeting by State or Central Government Act as of today. 

You have full authority to hold it and record the Virtual AGM keep it on record with one CD to the office of Registrar of the Society. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Virtual meeting can be granted as per COVID-19 to protection while keeping distance.

 

The normal 15 days advance notice should be given

 

For attendance there is option in the zoom app to raise the hand and send the screen shot of each member to secretary for voting and attendance.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Permitted. 

2. As per bye laws

3. Attendance can be counted by number of people admitted for online meeting. Voting by show of hands over the zoom meeting

Yusuf Rampurawala
Advocate, Mumbai
7519 Answers
79 Consultations

5.0 on 5.0

1. If there's nothing in your  bye laws which I am certain there's none then holding virtual GM without the permission of Registrar of Society is irregular. 

2. Follow the bye laws.

3. If no such permission is given by Registrar then withhold AGM till situation normalises.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

1. Yes, legally you are permitted to hold virtual AGM, and it is very much beneficial for the members of the society. 

2. As per rule 30 days notice should be given.

3. During the meeting , the attendance can be marked virtually , like online student doing these days, and during the course voting can be obtained as well. 

- Further, you can take support from any software engineer as well for conducting the same. 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

1. Virtual AGM General Body meetings can be held over internet via a 14 days notice-Agenda and the entire proceedings, attendance must be duly recorded via the respective APP and only the attendee members can propose and second resolutions.

2. Copy of the recordings and Minutes may be distributed to the members or uploaded into the Society's website.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Yes.

2. As deemed appropriate...take 15 days.

3. Get the members to show written YES or NO for resolutions on a board in video or something like that 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1.The virtual AGM may be subject to the willingness of all members who may confirm it through whats app or sms.

When the courts have started functioning through virtual or video conferencing even for normal day to day hearings, the proposed AGM by virtual mode may not be an illegal act.

 

2. The meeting only shall be by virtual mode, rest all other procedures are to complied with as per the by laws 

3. You may have to work out on the modality of all such practical issues, you cannot find a legal solution for this.

The office bearers can discuss and arrive at a feasible solution to work out the program accordingly.

 

T Kalaiselvan
Advocate, Vellore
84992 Answers
2205 Consultations

5.0 on 5.0

1. Yes it can be taken in covid for special circumstances. But it's better to take permission of dy Registrar. 

2. The co-operative societies Act doesn't have a specific provision for the same. 

You need to create a software of through emails or msg the same can be taken

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

Yes you may hold sessions this way. Even the courts are doing this.

Ask for an email from the members that they attended digitally signed by them.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes, 

At least 7 days notice is no urgency.

Voting and attendance through e mail or what's app.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

1. Yes. After a notification, you are allowed 

2. 15 days 

3. Make a excel sheet or a google sheet and ask members to give their views or you may use any other form of technology available. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

during covid 19  virtual agm meeting is permitted. 

a notice has to be sent to all members of the housing society at least 21 days in advance. 

voting occurs by a poll rather than a show of hands.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. This is legally correct.

2. No specific time go as per the MOU already exist.

3. Virtually but the information to all the members should reach them within 48 hours.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. Yes you can hold virtual AGM if acceptable by majority of apartment holder. 

2. Notice must be served as per bye laws of your association.

3. You can ask them to vote through some whatsapp group or app for voting. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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