Mumbai Housing Society Queries: 'Policies Should Be Made Considering Interests Of All Society Members,' Says Expert

Is there a difference between the notice period for an annual general meeting (AGM) and a special general meeting (SGM)? Please, specify the notice period required for a special general meeting for redevelopment and appointment of builder? Vasant Shinde, Dadar

In case of an AGM, the managing committee is required to give 14 clear days notice while the SGM requires five clear days notice to the members. A clear notice means the number of calendar days intervening between the day of posting the notice and that of the meeting. The day of issuance of notice and the day of the meeting will not be counted for the purpose of notice. Full calendar days are taken into consideration. The objective is to provide sufficient time to the members to attend the meeting.

However, in case of an emergency, a SGM may be called even at a shorter notice if the committee unanimously decides to do so. The agenda and the reason for such an emergency meeting should be circulated to the members. The decision taken in such a meeting shall be communicated to the members within two days of the meeting. The GR, dated July 4, 2019, for redevelopment provides for 14 days notice to the members for holding the SGM. (Bylaw 99)

Our society building is 20 years old. Are we required to carry out a structural audit every three years? Is it necessary to implement the findings, especially regarding the repairs, in the structural audit report? Rasika Joshi, Chembur

Your society is required to conduct a structural audit once every five years. As per bylaw 76, any building aged between 15 to 30 years is required to conduct structural audit once in five years. Buildings above 30 years are required to conduct a structural audit once in three years. As your society comes under the BMC limits, such an audit must be conducted by the approved engineers from the panel of the corporation.

In the case of other societies, structural audits should be carried out by the state-approved structural engineers/architects. Your society has to file a copy of the structural audit report with the municipal corporation along with the plan of action on the recommendations for repairs and maintenance, if any, provided in the report. Structural audits are carried out to check the defects and address them at the right time to avoid any unforeseen events that may cause harm to the residents and their property. Considering the safety of the members and their families, it is necessary that the recommended repairs are carried out by the society.

Recently, I lost my job and decided to use my car for radio taxi services as I needed funds to support my family. I personally drive my car and have not engaged any driver. I have also obtained the yellow number plate for public transport. However, my society is objecting over parking the car in the society premises though I have a slot allotted to me. Their contention is that the vehicle is being used for commercial purposes, hence it's not eligible for society parking. Is this valid? Prakash Singh, Kurla

There is no specific provision in the bylaws restricting parking of vehicles used for commercial purposes. In fact, bylaw 84 provides for parking an auto-rickshaw with the society's prior permission. Every society is required to have a parking policy approved by the general body. If the parking policy has any such restrictions, you may request your society to amend the same, given your situation. Every individual is allowed to take up a profession of his choice. Choosing to drive professionally does not affect your membership rights. Policies should be made considering the interests of all the society members, and they not adversely affect anyone. The society should view your case compassionately and allow you to park your vehicle. The charges may be determined by the general body while revising the said policy.

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, August 11, 2025, 10:43 AM IST