We have received quotations for redevelopment of our society. The project management consultant (PMC) is suggesting that we conduct an extraordinary general body meeting for selection of the builder. However I understand that such a selection has to be done in the presence of the registrar. Please advise.
Prabhas Nair, Thane
The Government Resolution (GR) dated July, 4, 2019, on the subject provides the procedure to be followed by societies while undertaking redevelopment. Clause 17 speaks about the procedure for selecting the developer. The managing committee shall submit an application within seven days along with the list of members to the registrar for appointing an authorised officer to conduct the special meeting.
After the said appointment the secretary shall fix the date and time of the special general meeting, which shall be video recorded, after which a letter is issued by the registrar’s office confirming compliance of the requirements as per Clause 17. The selection of the developer has to be done in the presence of the registrar / authorised officer.
What is the locus standi of an associate member on the death of an original member. Can the associate member continue till the flat is transferred to the nominee?
Shreekant Gadre, Goregaon
Any person defined u/s 154 B-1 (18) may be admitted as an associate member on the written recommendation of the member of the society to exercise his rights and duties with his written prior consent and whose name does not stand in the share certificate. Such a person ceases to be an associate member on the death of the original member and cannot participate in the meetings nor vote thereat. Such a member cannot continue to hold any kind of membership. The nominee is entitled to be a provisional member till the shares, rights, title and interest in the said flat are duly transferred in the name of the legally-entitled person. Thus the question of an associate member continuing till the flat is transferred in the name of the nominee does not arise.
Four members of our managing committee have circulated a proposal seeking signatures of selected members in support of self-development of our society. Is such a circular valid and binding?
Veda Doshi, Chembur
It is the prerogative of the managing committee to issue circulars and notices to the members. The notice sent by some of the members of the managing committee cannot be treated as an official communication. Your managing committee can, in fact, send a circular to all members stating that the notice issued by four of its members is not valid and that members are not bound to sign the same.
The right approach would be to requisition in writing a general meeting of members by one-fifth of the total members of the society. The secretary would place the same before the managing committee, which would in turn issue a notice of the meeting specifying the requisitioned agenda.
No other business can be transacted at such a requisitioned meeting. The managing committee is responsible for the management of the society and all members have to abide by the decisions taken thereat.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
The questions, in brief, may be sent to fpjchs@gmail.com
