A supermajority is a higher threshold than a simple majority, i.e., it would be 2/3 while the simple majority would be more than 50%.

A super majority can be two third or three fourth. 

It is often required for critical decisions like amending bylaws or approving major expenditures or demolishing or redeveloping buildings or even oversuling past resolutions (in some cases).

If new resolution violates your rights you can challenge it through registrar of cooperative societies or consumer commission or civil court. 

You can file a complaint that the resolutions are passed illegally. Members are bullied or threatened or discriminated against. 

Besides approaching court of law you can even approach police if there are persisting threats or harassments 

The parkings will only be given if it is as per the parking rules and dcpr regulations. Even if it’s mentioned in resolution the society cent provide the same id not authorized as per law. You need to approach court if society is not acting as per the regulations 

It is true that under MOFA a resident is allotted only on parking space. This is subject to exception that if space is available, additional space may be allotted. Any resolution passed by sgbm is subordinate to the statutory rules and accepted practices. Said rule is in consonance with natural justice and reason.

a resolution passed at a previous Special Annual General Meeting (AGM) can be changed, modified, or canceled by a subsequent special AGM, but typically this requires a new resolution to be proposed and passed by the required majority at the new meeting,

every member is entitled to one parking slot .

• Super majority = more than a simple 51% vote (often 2/3rd or 3/4th members present and voting, depending on society bye-laws or law).

• Yes, a later SGBM can amend or overturn an earlier resolution, if proper notice is given and the required majority is achieved.

• However, if you relied on the earlier resolution in good faith and there was a clear commitment, you can:

  • Insist that minutes of the previous SGBM (granting you 3 parkings) be recorded and circulated.

  • Raise the matter formally in the next meeting and demand reasons.

  • Complain to the Deputy Registrar of Co-operative Societies if the managing committee is acting unfairly.

  • As last resort, approach Co-operative Court/Consumer Forum for enforcement of your right under the earlier resolution.

A “super majority” in the context of housing societies under Maharashtra law typically means at least 3/4ths of the members present and voting at a Special General Body Meeting (SGBM), though many resolutions, especially important ones, may require 2/3rds majority as a “special majority”. If your society proposes to change a previous SGBM resolution about parking, they may do so only after a minimum period of six months has passed and by passing a new resolution in a duly convened SGBM with the necessary super majority.

Resolutions passed at an SGBM are valid and binding, but they are not permanent; they can be amended, modified, or rescinded by a subsequent general meeting, provided due process is followed and the requisite majority is achieved. However, you and the other minority members have rights and protections—if you were promised three parkings as part of a formal resolution, you may contest any reversal, especially if this was an inducement for signing the DA. You can object on grounds of fairness, estoppel, and legitimate expectation.

To protect your rights:

• Insist that your commitment be formally documented in the DA or the minutes of meeting recognized by the society.

• Lodge a written objection to the proposed reversal, referencing the original resolution and your reliance upon it.

• Seek the Registrar’s intervention if minority rights are being trampled or if procedural flaws exist.

• If the matter becomes contentious, you may petition consumer court or cooperative court to protect your interests and prevent arbitrary reversal.

Majority rule cannot override valid existing commitments if they were recorded in minutes and are not contrary to law, and bullying minorities is prohibited by cooperative principles and society bye-laws. Keep all written evidence and correspondence for future reference.A super majority in Mumbai cooperative societies typically means 3/4ths of members present and voting at a special general body meeting (SGBM). While resolutions passed in an SGBM can be changed, the society must wait at least six months before revisiting any previously passed resolution unless the bye-laws state otherwise. Any change must be made at another general body meeting with the requisite super majority of votes.

If you and two other members were specifically allotted three parking spaces by an earlier unanimous SGBM resolution (and this commitment was recorded in the minutes), the society cannot arbitrarily reverse that without following due process—proper notice, a wait period, and a super majority vote.

To protect yourself as a minority:

• Insist that your commitment be recognized in official minutes and not reversed without due process.

• File a written objection to any reversal, referencing the earlier resolution and your reliance on it.

• If bullied, escalate to the office of the Registrar of Cooperative Societies for intervention and protection of minority rights.

• If your claim is part of a redevelopment agreement (DA), you may also seek remedies in consumer court or civil court for breach of promise/inducement.

Maintaining thorough written records and asserting your rights through formal channels is the best way to challenge bullying and protect your parking entitlement.

• “Super majority” = two-thirds of members present and voting.

• Yes, they can change earlier resolutions, but only within the law.

• Since parking rights are society-controlled and not ownership, your 3-parking claim is weak unless it’s in the DA.

• Protect yourself by objecting in writing, filing a dispute under Section 91 MCSA, and seeking injunction if they attempt to take away what was earlier assured.

for more details you can take my consultation

regards,

Adv. Arunkumar Khedia

(Bombay High Court)

1. Super majority means a higher percentage (usually 2/3rd or 3/4th) of members voting in favour.
2. Past SGBM resolutions can be changed in a later SGBM, but only with proper notice and required majority.
3. Since your earlier resolution was unanimous and gave you vested rights (3 parkings), it cannot be undone arbitrarily.
4. To protect yourself:

• Keep the earlier resolution and minutes on record.
• Send a written objection/legal notice before the SGBM.
• Get your dissent recorded if they try to reverse it.
• If needed, approach the Registrar of Co-operative Societies or file a dispute in the Co-operative Court.

Dear Client, 

Although a resolution passed in a Special General Body Meeting (SGBM) is binding, the majority can call another SGBM and, by a super majority vote (usually two-thirds or three-fourths as per bye-laws), amend or reverse earlier decisions, but no resolution can override statutory rules like the BMC’s “one parking per flat” guideline, meaning that any prior assurance of extra parking may not stand legally; in your case, the best way to protect yourself is to obtain certified copies of the earlier resolution and minutes, and if the managing committee acts unfairly or bullies the minority, you can approach the Deputy Registrar of Co-operative Societies under Section 91 of the Maharashtra Co-operative Societies Act to enforce fair treatment and prevent arbitrary reversal of commitments.

I hope this answer helps you. For further queries please do not hesitate to contact us. Thank you. 

Hello, thanks for sharing your concern. I understand this situation must be frustrating.

A "super majority" usually means a higher than normal number of votes, like two-thirds or three-fourths, needed to pass or change important decisions. Whether they can change a previous resolution depends on your society's bylaws and the applicable laws like the Maharashtra Apartment Ownership Act.

Since you have a resolution in your favor, that is strong evidence of your parking rights. However, if the majority wants to change it through another SGBM with proper procedure, they may have the power to do so.

To protect yourself, you should request a copy of the previous SGBM minutes and the resolution. Consider filing a legal notice or approaching a competent authority if you feel the majority is bullying or ignoring the agreement.