Legal validity of adhoc team formed for a housing society Legal validity of adhoc team formed for a housing society

2 years ago

Our housing society is registered with ROS, but has not been renewed from the past 2 two years. A team of elected members were operating the association, but due to no-confidence from a section of owners, an EGB was called. During the meeting (only 17 owners out of 300 owners participated), it was decided by few owners that an adhoc committee be formed in the interim, for 6 months period, until next GB and elections would be facilitated. The current elected members offered to resign their positions. A resolution and sign off was never done based on the decisions. What is the legal standing of the adhoc committee in these circuAmstances ? The 5 member team also is biased from the beginning with the voting math of 3:1:1 (3 are already in biased majority and 2 are neutral). One among the majority team never participated in the EGM and he was brought in by complete proxy, whose name was proposed and confirmed by proxy. No authorization or confirmation documents were submitted by this proxy person. Kindly let us know the legal standing on this matter too.

Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
If the voting and other related process and steps are not according to the byelaws of the society and or the rules framed by the society registrar in that location then whatever they do will be considered as not valid. Check with your byelaws and see whether they are following the rules or not.
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