SOCIETY GB MINUTES RELATED SOCIETY GB MINUTES RELATED

8 months ago

Our society has decided on General Body meeting that, My gate app is mandatory for every resident and they will not allow any vendors with manual register entry for residents who have not registered in My gate app. Can society forcely apply this rule in any resident who are not okay with using Mygate app? Shouldn't society committee keep both option open (manual and app entry) instead of making this mandatory ?

Anik

Responded 8 months ago

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A.Dear Client,
If your society has made a decision in a General Body meeting to make the Mygate app mandatory for every resident and restrict manual register entry for vendors, it is important to understand that decisions made in a properly constituted General Body meeting are typically binding on all members of the society. This means that the society committee has the authority to enforce such decisions.

However, it is also important for the society committee to consider the concerns of residents who may not be comfortable with using the Mygate app. To strike a balance between the convenience of using modern technology and catering to the needs of all residents, it may be advisable for the society committee to keep both options open, i.e., allowing residents to choose between using the app or opting for manual register entries.

It is recommended that you review the society's bye-laws or applicable rules and regulations to understand the procedures for making changes to society rules. In some cases, there may be provisions for challenging or appealing decisions made at a General Body meeting. If you have concerns or objections regarding the decision, you may consider discussing them with the society committee or seeking legal advice to understand your options.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 8 months ago

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A.Dear Client
Once you have chosen the Society representatives then during their tenure they have the power to implement rules ( logically and legally correct and acceptable rules).
There's no need to have two types of process as that might lead to lapses and security concerns.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
If a resolution is passed on a majority of votes in GB meeting following procedure and quorum of the meeting as laid down in the Byelaws of the Society, such resolution is equally applicable to all the residents of the housing society. But, in case such a resolution affects adversely to a class or group of residents, then a mass petition from the affected residents may be submitted to the GB of the Society for review of the earlier resolution. Accordingly, after convening a special meeting members of the Governing Body can review the matter and considering the merit in mass appeal and protection of common interest, the earlier resolution may be amended. However in case no steps is taken on the said mass appeal by the Society, then if the Society is registered under the Co-operative Societies Act, then submit a grievance before the Registrar of the Cooperative Societies and if the Society is registered under the Housing Deptt of the State Govt. under the Apartment Ownership Act, then submit the complaint before the Competent Authority of Housing Deptt of the State Govt seeking their intervention for resolving the matter.
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