1) you can post minutes without amending bye laws
2) MC will not be liable in case complaints made to registrar
3) resolution passed by AGM should suffice
Posting of managing committee minutes online on ADDA portal or through email
At present, the minutes of the managing committee minutes are currently only shared on request by members. I have been insisting that the managing committee minutes should be shared proactively by the committee on ADDA and sent by email to all the members. The Chairman has mentioned that this will need to be passed in the AGM, the Bye laws will have to be amended and the registrar will have to be informed. Please can someone give me a full view of this. 1. Can we start posting minutes on ADDA without changing the Bye laws? 2. If we do start posting minutes on ADDA without changing the Bye laws, will the committee be liable for any complaints raised with the registrar in future? 3. Is there anyway in which we can bypass the process of changing the Bye laws, amending the bye laws and getting the registrars approval. Regards Rohit
Asked 4 years ago in Property Law
Religion: Hindu
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13 Answers
MoM is not compulsory to share on ADDA online. If any new Bylaws has been created in the society and to get implemented that needs to submit the registrar and get approval whether that byelaw are prepared as per the Act or not and later on its get implemented once its approved by sub-registrar of co-op housing society.
1. They can share it as a good gesture in covid period all these permission may take time ik covid.
2. No it can be done in good gesture with permission of members
3. Yes you can do it in interest of members in covid
During COVID-19 pandemic situations Worldwide, you may post minutes of meetings via Email. Even recently Supreme Court of India has approved service of notice and summons via E mail and WhatsApp is legal and valid.
No law forbids the service of minutes of meetings via Email. Hence legal.
No need to place it in AGM.
No need to take permission from Dy.registrar.
Dy. Registrar is not above the Supreme Court of India.
Pl proceed. Its normal and lawful act.
1. As yet there is no provision in the MCS Act, Rules & Model Bye Laws, to provide copy of Minutes of Mg.Committee (MC), to general members, more so since it does not concern them, further more so since the MC is sole Governing Body and the general members or the registrar CANNOT interfere in the Administrative /Management affairs of the Mg.Committee.
2. Any Amendment in the Bye Law has to be approved by Coop. Registrar and only then it becomes enforceable that too only amongst the members.
3. However, MC at its discretion can post it on ADDA app, which is not recommended, more so since the MC Minutes become final only on approval at the next MC meeting.
3. ALL the above is not applicable for AGM /SGM minutes, which is to be provided to all members within 90 days.
1. No, bylaws have to be amended.
2. Cannot be posted without proper procedure.
3. No.
1. If the management of the association is insisting on amendment of bylaws then the procedure for that should be followed.
An individual cannot dictate terms on an authority.
2. The committee may resort to legal action against the members who are involved in this.
3. The procedures for amending the bylaws has been written by you.
What is the problem you have with following the legal procedures.
1. Bye laws are not required to be amended for posting the minutes on ADDA. This can be done by a resolution.
2. No complaint on merit can survive against posting of the minutes on website.
Dear Sir,
There is no harm if the minutes are posted without change of bye laws but it will be better that the bye laws are changed to this effect as soon as possible. The process suggested by managing committee is correct in this regard and an special meeting may be called for this purpose.
1. You can start posting minutes after passing resolution , and without changing the bye law
2. No , committee will not be liable
.
yes, without amending byelaws you can start posting.
Committee will not be liable.
An amendment shall be deemed to have been duly passed, if a resolution in that behalf is passed at a general meeting by not less than two-thirds of the members present thereat, and voting.
1. No there should be some bye law for sharing if minutes of meeting.
2. Yes
3. No
Minutes of the meeting shall be recorded in the minute book by the Secretary every members shall have access to all the books and accounts of the society. This is prevailed law and if Bye laws prohibit this than those are illegal,
Yes.
NO
Bye is void and null. No need of approval from registrar.
