no need to bow down to pressure tactics
continue as member of managing committee
you have not committed any offence
Me legal liability as a Cooperative Housing Society management committee member in Mumbai
Hi, I am an apartment owner and also managing committee member in a co operative housing society in mumbai (bmc jurisdiction). This has 84 flats in total and is 20 year old society. Our secretary has resigned today, owing to differences with one other committee member and also due to continuous pressure from another group of ex committee members who are no more part of managing committee. I am afraid / fearful that fight is quite intense and group of ex committee members might even want to frame current managing committee members in some legal case. While I am fully honest and has no vested interest in society's money, I can never be sure of other managing committee members. So I am thinking to resign from managing committee. Am I fearing too much? Or I should resign and play it safe? Real reason is that I am just another private company employee in mumbai and it is already very hard to sustain costly living of mumbai (other than EMIs). Thank you.
Asked 3 years ago in Property Law
Religion: Hindu
11 Answers
Check the accounts and money transactions of the society, if everything is clean there is no reason for any apprehensions. Resigning is not a solution, as if there is any mismanagement during your tenure, resigning will not save you from liability. Resigning on other grounds is your choice.
It is up to you to decide whether to stay on the managing committee or resign. If you think the situation may lead to legal problems, it would be wise to resign and safeguard yourself. Before doing so, make sure that the society's finances are in order and any other important matters are taken care of.
It's understandable to feel concerned about the current situation in your co-operative housing society. If you don't feel comfortable continuing as a managing committee member, it may be best for you to resign and avoid any potential legal issues. However, before you make a final decision, you may want to consider speaking with other committee members who you trust and who may have a better understanding of what's going on. It's also important to keep in mind that while there may be disagreements and conflicts within the committee, there are usually ways to resolve these issues through communication and compromise. Ultimately, you should do what you feel is best for your own well-being and personal situation.
Your fears are unnecessary.
Unless you are not involved in any scam affecting the association's administrative or financial interests, you need not be worried in this regard.
You can defend yourself if you're not a part of planned scam or any other issues affecting the overall interest of the association.
Thank you all. So because we have 84 flats society, then presence of how many members/votes are needed to approve big budget items (like lift and paint , each amounting to be more than 1 cr) in a SGM ( special general body meeting)? Is quorum needed, if yes then how many voters are required for quorum? Is only simple majority in quorum sufficient for passing such high budget items? What is the exact due diligence required by society managing committee before putting both 1 cr + items ( paint and lift) before the SGM?
Asked 3 years ago
If you have no quorum meeting can be adjourned for 30 minutes and commenced thereafter
2) simple majority of members is suffice t to pass resolution
3) SGM has to approve funds required for carrying out repair works
4) it has to approve floating of tenders ,appointment of consultant to vet the quotes
Model bye-laws state that the quorum is 2/3rd of the total number of members of the Society or 20, whichever is less.
If quorum is not reached, the meeting may be held at a second call. In this case, the meeting is duly constituted with any number of members present.
A quorum is the minimum number of people required to officially hold a meeting and do business. In any democratic deliberative body, quorums are a necessary check against tiny minorities making significant decisions without a mandate.
If all the business on the agenda of the General Body Meeting of the Society cannot be transacted on the day on which the General Body Meeting is convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting.
Unless otherwise specifically provided under the Act, the Rules and the Bye-laws of the Society, all questions at a General Body Meeting of the Society shall be decided by a simple majority of Members present and voting at the meeting.
So if even 20 members number is not reached and only 17 members are present and so meeting is started after 30 minutes, then can big budget items of 1 cr can be approved by 17 members for a popularion of total flats of 84? it is about sgm , special general body meeting.
Asked 3 years ago
Yes it can be approved
I presume item is placed on agenda of SGM
Unless otherwise specifically provided under the Act, the Rules and the Bye-laws of the Society, all questions at a General Body Meeting of the Society shall be decided by a simple majority of Members present and voting at the meeting. It is applicable for SGM too.
If quorum is not reached, the meeting may be held at a second call. In this case, the meeting is duly constituted with any number of members present.
You can resign if you want there is no hard and fast rule. It's your discretion
Dear client,
It is understandable that you are feeling concerned about the potential legal issues and the political infighting within the managing committee of your housing society. As a managing committee member, you have certain legal and ethical obligations to uphold and ensure that the society is functioning properly and in accordance with the law. If you have concerns about the actions or decisions of other committee members, you should raise those concerns within the committee or with the appropriate authorities.
If you feel that your safety or reputation is at risk, it may be appropriate to step down from the committee. However, before resigning, you should carefully review the society's bylaws and consult with legal counsel to ensure that you are not in breach of any obligations or exposing yourself to liability. Additionally, you may want to consider informing the society's members of your reasons for resigning to maintain transparency and ensure that the society's affairs continue to be handled responsibly.
It is also important to note that if any legal cases are filed against the managing committee or its members, it is crucial to engage competent legal counsel to represent the committee's interests and ensure that proper legal procedures are followed.
