Housing Society Queries: ‘No provision For Meetings Through Online Platforms,' Says Expert

Some of the members of our society staying abroad have requested to conduct online meetings so as to enable them to participate. Can such online general body meetings be considered as valid?

Parmeet Singh, Dadar

During the Covid period, cooperative housing societies were permitted to conduct general meetings online, but was discontinued afterwards. Currently, there is no specific rule allowing meetings via video conferencing or other online platforms. The Maharashtra Cooperative Societies (MCS) Rules are now being amended. Draft rules have been put up for public feedback, and suggestions from stakeholders are being reviewed. These draft rules include a provision for holding general meetings through video conferencing. You may have to wait until the said rules are notified or, alternatively, seek prior approval from the Deputy District Registrar (DDR) of your region to conduct general meetings online through the video conferencing justifying the urgency.

Can a caretaker of the flat be appointed as an associate member? Can the associate member vote at the society meetings? Can the associate member continue to be a member in the event of death of the member?

Jayant Desai, Ghatkopar

A caretaker is generally appointed through an agreement and may or may not be related to the member. A member can appoint his/her spouse, parent, sibling, child, son-inlaw, daughter-in-law, nephew, or niece to exercise their rights and duties in the society. However, their name will not appear in the share certificate. An associate member has the right to vote in the general meetings and contest elections with the prior consent of the member. Associate membership is co-terminus with the membership. Any action contemplated against the original member will be applicable to such associate member. Associate membership will cease on the transfer or death or termination or expulsion of the membership of the member. (Refer Section 154B of MCS Act, 2019).

One of the office-bearers owns a housekeeping agency and is actively pressuring the society to engage its services. It appears that the officebearer has a vested interest in appointing his own agency. Is there any legal provision which I can rely upon to restrict such engagement?

Laxmi Seethapathy, Matunga

The society should not engage the services of the housekeeping agency owned by any of its office bearer being an interested person. There is an element of conflict of interest. You may quote bye-law 116 which prohibits any transactions with the interested person. It states that no officer of the society should have any interest, directly or indirectly in any contract made with the society or in any property bought or sold by the society or any other transaction. However, investment in or loan taken from the society for provision of residential accommodation by the society to any of its paid employee/s is exception provided in this bye-law. Your society should not hire the services of the security agency owned by your officer bearer. Ideally, it is better to have a policy in this regard.

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

Published on: Monday, July 07, 2025, 12:30 PM IST