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Can a Non active member participate in AGM
As per Bye_law no 106 , only an active member has a right to vote.Means, a non active member can not attend the AGM
How to obtain permission from BMC & Police station in Corona/Covid-19 pandemic ?
Following letter may be sent to authority.

Assistant Commissioner,
Municipal Corporation of Greater Mumbai,
_ Ward,
Address 1

Dear Sir,

Sub : Permission to allow our staff member to attend duties as part of essential services

Ref: Imposition of section 144 of CrPC of 1973 by Government of Maharashtra

We are referring to the imposition of section 144 of CrPC of 1973 by the State Government of Maharashtra to contain and prevent the pandemic disease COVID-19 (Corona Virus) in the state of Maharashtra till 30th April, 2021 and may extend further in the public interest.

We wholeheartedly appreciate the efforts put by all the support functions of State Government for containment of Corona Virus in the state of Maharashtra.

We would further like to state that ours is a housing Society comprising of _ families. We the undersigned are the office bearers / Managing Committee members of the Society who are duty bound to maintain the safety, hygiene and good upkeepment of the Society and the residents living in our Society. We would also like to bring to your kind attention that we have no / limited knowledge regarding functioning of the day to day Society affairs and for which we have appointed Society123 Support Services Pvt. Ltd to look after Property Management of our Society which in turn appointed Mr. / Mrs. / Ms. ____ to take care of the day to day affairs.

The day to day affairs of the Society includes and not limited to monitoring other outsourced services like Security Services, Housekeeping Services, Fire Fighting Equipment Maintenance Agency, Lift Maintenance Agency, Electricians, Plumbers, water suppliers etc.

Mr. / Mrs./ Ms. __ appointed as ___ at our building from Society123 Support Services Pvt. Ltd. who is monitoring / coordinating the day to day functions of these services and need to co-ordinate with various vendors, Managing Committee members for smooth functioning of the Society and need to attend the Society office to ensure the safety of the residents of the Society not only physically but also from the angle of health related, hygiene related grounds and basic coordination in the hour of emergency.

We, therefore, would like to humbly request the authorities to allow above mentioned staff member to allow, travel and attend his / her duties at our society office in the best interest of the residents of the Society citing above referred potential and day to day emergency services which may lead to huge chaos if not maintained properly.

Further we would like to bring to your notice that our Society is also committed to the safety of the support staff functions and hence running the day to day affairs of the Society with minimal attendance / requirements, which please note.

Expecting the positive response from you in the interest of residents of our Society.

Thanking you,

Yours faithfully,
For XYZ Co-operative Housing Society Ltd.

Hon. Chairman / Hon. Secretary / Hon. Treasurer.
Mumbai dated 5th April, 2021
How to calculate the notice period of any meeting.
If the meeting is required to be called with 14 days clear notice, it means the intervening number of days between the date of the notice and the date of the meeting must be 14, In calculating the days, the date of the notice and the date of the meeting shall not be considered/ counted.
What are the typical salaries by location (Mumbai/Thane) that are given to people working in the society like gardner, manager, waste management etc
There is no standard. Only ensure that you pay the minimum salary as fixed by the Govt. Of Maharashtra for unskilled / semi skilled/ skilled labour under the Minimum Wages Act

We have a query in our committee that we want to replace the existing security agency with New security agency who is assuring for better quality however the price is little higher for it. Can the Managing Committee decide on the same or should it be approved by the General Body ?
Managing Committee can decide on the same. It is an administrative decision.
Who should bear expense of structural repair work inside the flat.
If it is structural repairs, the repairs should be carried out by the Society out of its own funds.
If the agenda items could not be completed,can the meeting be adjourned to any other suitable date?

What should the notice for the rescheduled general body Meeting notify?
If the agenda items could not be completed, the meeting can be adjourned to any other suitable date not later than 30 days from the date of the meeting, as may be decided by the members present in the meeting.
If the new date is not decided by the members present,then the new date should be decided by the committee & a Separate notice to be given without any agenda.

Specimen of the new notice.


All members,

Since all the items on the Agenda of the AGM held on ..........could not be conducted on the same day, the meeting was postponed.

Accordingly, to conduct and conclude the remaining items on the Agenda, the postponed meeting will now be held on ______ at _______ at ____________.

The meeting will start exactly at the time notified above, irrespective of the number of members present. All the members are requested to be present in time.
For ...

Secretary .,

Can a member / group of members of a Society seek change of date of the AGM ?
Bye_Law No 99:

The Committee shall decide the date, time and place of every general body meeting of the society and the business to be transacted thereat, provided that the business to be transacted at the requisitioned special general body meeting shall be only that mentioned in the requisition. The notice convening the general body meeting shall be issued by the Secretary of the Society accordingly as provided in Bye_Law no 163. On his failure to issue thenotice, the Chairman shall issue it.

It is very clear, that the date, time and venue of the AGM can only be decided by the M C and members do not have a say in it.

What are the steps involved in the recovery of dues under sec-101?

1. Society to issue a Notice to the defaulter and giving him an opportunity to make payment within stipulated time and with a warning therein that on failure of the same, an application would be made to the Registrar under Sec-101 of the MCS Act for the recovery.

2. MC has to pass a resolution for taking such an action.

3. Secretary / Chairman has to make an application to the Registrar of the Co-operative Societies along with necessary documents.

4. Registrar would give hearing to the member and accordingly a certificate will be issued by him to the society.

5. On receipt of the certificate under Sec-101 from Registrar along with other documents, the recovery officer has to prepare demand notice to be sent to sale officer detraining movable property of defaulted member concerned.

6. Sale office on receipt of the recovery papers from the recovery officer has to visit the premises of the member for preparing inventory of the movable property and hand over this list to the member and serve the demand notice on him.

7. If even after serving the demand notice, the amount is not paid by the member, the sale office seizes the movable property of the member as per the inventory and hand over the same to Secretary / Chairman of the society for safe custody.

8. After Sale officer will fix the date, place for such an auction of the movable property seized and auction out the same and pay sale proceeds thereof to the society in satisfaction of the outstanding dues payable by the defaulter member.

9. If the proceeds of the sale of movable property are found to be insufficient to cover the outstanding dues in full, sale officer will proceed by arranging auction of the premises to recover the balance of the dues payable by the member.
What is the time gap of the Special General Body Meeting Notice is issued?
Ans: It should be clear 5-days notice
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Society123 Support Services Pvt. Ltd.
706. T - 39. Sunshine Building. Shastri Nagar.
Andheri (West). Mumbai 400 053
Ph: 022 42020123 | +91 7718855184
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