Board of Managers of RWA not holding elections and AGM Board of Managers of RWA not holding elections and AGM

3 years ago

The term of this Board of Managers expired on 13th October 2019 , the Board of Managers did not hold the AGM and did not announce election on the pretext of COVID restriction. A circular to this effect was sent stating the AGM can not be held because of COID and therefore the elections for new Board of Managers is also is deferred.

This seems to be an excuse to avoid elections since they have had issues with residents over last 6 months over matters related to management to the extent that 4 out of 5 Block office bearers resigned in protest.

Now the Board of Managers whose term already expired on 13th October has called for EGM to amend the BYE LAWS. The amendment to Bye Laws includes 2 year term for the Board of Managers, changing the financial powers limit of Board of Managers and changing quorum requirement for EGM/AGM to 3 and resolution passing requirement from 50% to 50%+1 of the members present which mean 3 Board of Managers can take any decision including changing BYE LAWS again to suit them.

So the request for legal advise is on following issues.

Can the BOA postpone the AGM on account of COIVID and yet hold EGM to change Bye Laws.

Can the Board of Managers whose tea has expired have the legal authority to call for EGM and change the Bye Laws

Can Board of Managers postpone the elections on the pretext of COVID when the elections all over the country are being held in various states including Bangalore.

What is the course of action available to residents/Owners to remove the current Board of Managers

And how can a fair and free election be organized and who can supervise the election in such a situation.

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