Question 1

We want to requisition a special general meeting. What must the requisition say, and can the committee change our agenda?

Accepted Answer

Put it in writing, signed by at least one-fifth of the members, and state exactly what the meeting is to decide. The committee must take it up within 7 days and hold the meeting within a month. It fixes the date, time and place, but it cannot add to or change the business you asked for. Section 76(1) and BL 95 require an SGM within one month of a written requisition by one-fifth of the members. BL 96 makes the Secretary place the requisition before the committee within 7 days. BL 97 lets the committee fix only the date, time and place. The business is "only that mentioned in the requisition". The draft 2026 bye-laws keep the same scheme (dBL 96(a)(iii), (b)). Good drafting: one numbered item per decision, the exact wording of each proposed resolution, each signatory's name, flat number and signature, and the date of delivery with an acknowledgement from the office. Count one-fifth on the total membership on the register, not on the flats occupied. Remember the risk: if there is no quorum within half an hour, a requisitioned meeting is dissolved, not adjourned (Rule 106C-13(3)(f)). Requisitionists should make sure enough members attend.

Question 2

The committee has sat on our valid requisition for over a month. Can the Registrar call the SGM, and who pays for it?

Accepted Answer

Yes. If the SGM is not called as the requisition requires, the Registrar, or a person he authorises, can call it, and it counts as a meeting duly called by the committee. The Registrar can order its cost to be paid by the society or by the persons responsible, and can disqualify an officer who failed to call it without reasonable excuse. Section 76(3) lets the Registrar call the meeting when the committee does not act on the requisition, and deems it duly called. Section 76(4) lets him order the expense to be paid from the society's funds or by the persons responsible for the failure. Section 76(2), in the archived text, allows disqualification of the defaulting officer or committee member for up to three years, after a show-cause opportunity. The draft 2026 bye-laws repeat this and put the period at up to five years (dBL 96(c)). What to file with the Registrar: a copy of the requisition with the signatures, proof of delivery, any reply from the committee, and a short chronology. Failure to call a requisitioned meeting is also a ground of complaint to the Registrar under BL 173(a).

Question 3

Our AGM was adjourned for want of quorum. Do we need a fresh notice, and can new items be added to the adjourned meeting?

Accepted Answer

The adjourned meeting takes up only the business on the original agenda, and it does so whether or not a quorum turns up. If it is held later the same day at the place in the notice, no new notice is strictly needed. If it moves to a later date (7 to 30 days away), tell every member the new date. New items need a new meeting. Rule 106C-13(3)(f) and BL 100 say that the adjourned meeting transacts "the business on the agenda of the original general body meeting", whether there is a quorum or not. That is the reason no new subject can be slipped in: members who stayed away relied on the original agenda. Many societies print the fall-back in the AGM notice itself, for example "if there is no quorum, the meeting will be held half an hour later at the same place". That notice covers the same-day adjourned meeting. Where the meeting is adjourned to a later date, the Rule does not say how the new date is communicated. Serve it the same way as the original notice (BL 161) and put it on the notice board, so that no member can say they were kept out. A requisitioned SGM is not adjourned at all; it is dissolved (see meetings_gb-301).

Question 4

The AGM ran late and half the agenda is left. How do we continue it — is that an adjournment or a postponement?

Accepted Answer

It is a postponement. The members present decide a new date, not more than 30 days away, and the remaining agenda items are taken up then. This is different from adjournment for want of quorum. BL 101 (2014) says that if all the business cannot be finished on the day, the meeting is postponed to a date decided by the members present, not later than 30 days from the meeting. The draft 2026 bye-laws say the same (dBL 102). Only the unfinished items carry over. Practical steps: pass a short resolution at the meeting fixing the date, time and place; minute which items were completed and which remain; and send all members a written intimation, since those who were absent did not hear the decision. The quorum rule applies to the postponed sitting like any general meeting; the "no quorum needed" rule is written for meetings adjourned for want of quorum. For the AGM, make sure the items that must be done by 30 September (accounts, audit report, auditor's appointment) are taken first, so that a postponement does not push them past the statutory date in s.75.

Question 5

A flat is owned by a company or a partnership firm. Who can attend and vote for it at the general meeting?

Accepted Answer

The company appoints one of its directors or officers, and a firm one of its partners, to vote on its behalf. Give the society a board resolution or the firm's letter naming that person before the meeting. It is an appointment under the Act, not a proxy, and only one vote goes with the membership. Section 27(1) gives each member one vote, to be exercised personally and not by proxy. Section 27(4) lets a company or other body corporate appoint one of its directors or officers to vote in the society's affairs, and s.27(5) lets a firm appoint one of its partners. The 2014 bye-laws allow a firm or company to be admitted as a member (BL 18). BL 103 bars proxies, power-of-attorney holders and letter-of-authority holders from attending "on behalf of a Member". The named director, officer or partner is not a proxy but the statutory representative, so keep the appointment on file and check identity at the door. For committee elections in a small society, the name of the representative goes to the Returning Officer within ten days of the provisional voter list (ER 76-F(2), archived draft). An employee or occupant of the company's flat who is not so appointed cannot vote.

Question 6

Two joint holders of a flat both come to the general meeting. Can both vote, and who votes if the first-named holder is absent?

Accepted Answer

Only one vote goes with the flat's membership. The person named first on the share certificate votes if present. If not, the next person named on the certificate who is present and is not a minor votes. Both may attend, but they cannot cast two votes. Section 27(2) sets the order for shares held jointly: the first-named holder if present; otherwise the second; otherwise the next present person on the certificate who is not a minor. The draft 2026 bye-laws build the same order into the joint-membership application (Form 06, citing s.154B-11(4)). Under the 2014 bye-laws the co-owner not named first is called an "Associate Member" and votes only in the member's absence (BL 3, 105). Practical points: - record on the attendance sheet which holder is casting the flat's vote; - if the first-named holder joins by video and the other is in the hall, the first-named holder, being present, votes; - the order is fixed by the certificate, so a change needs a fresh certificate or an entry by the society, not a private letter. Owning two flats does not change this rule (see membership-104).

Question 7

Must the society offer video-conference attendance at every general meeting, or can the committee insist on attendance in person?

Accepted Answer

The 2026 Rules say members "may" take part in person or by video conference or other audio-visual means "to be provided by the society". The safest reading is that the society should offer a video option that meets the Rule's standard. The Rule does not say in terms that a meeting held without one is invalid. The proviso to Rule 106C-13(3)(b) allows participation in person or through video conferencing or other audio-visual means provided by the society, able to record and recognise participation and store the proceedings with date and time. The draft 2026 bye-laws require the notice to state the mode of participation and, for an online meeting, to carry the link (dBL 97(b)(iii)). Our reading: the words "to be provided by the society" put the burden on the society once remote participation is used, and a member refused a link that others received has a fair complaint. Whether a purely physical AGM is invalid is untested. A cautious committee offers a hybrid link for every general meeting, puts it in the notice, and keeps the platform's attendance log and recording with the minutes. A redevelopment SGM must in any case be video recorded (106C-13(3)(i)).

Question 8

In a hybrid general meeting, how do we identify remote members, take their votes, and what if the link fails midway?

Accepted Answer

Use a platform that records who joined and when, admit only members from the register, and take remote votes by a visible method (named show of hands, roll call or a platform poll that logs names). If the link fails, pause and restore it before voting; if it cannot be restored, record that fact and consider postponing the affected items. Rule 106C-13(3)(b) requires a system "capable of recording and recognising the participation of the members and storing the proceedings" with date and time. Remote members count for quorum and for the 51 % decision rule (106C-13(3)(g)). A working protocol (good practice, not a rule): - circulate the link only to members' registered email or phone numbers; - rename participants as flat number and name, and have the Secretary tick them against the member list; - take each vote by roll call or a named poll, and record for, against and abstaining, split between hall and remote; - keep the platform's participant report and the recording with the minutes; - if the connection drops during a vote, stop and re-take the vote once restored. A decision taken while remote members were cut off without their knowledge is open to challenge. The draft bye-laws give the chair control of order in audio-visual committee meetings (dBL 130(g)); by analogy the chair can regulate a disruptive remote participant, noting it in the minutes.

Question 9

The general meeting passed a resolution on a subject that was not in the notice. Is it valid, and how can it be challenged?

Accepted Answer

It is open to challenge. Business outside the agenda can be taken only with the chair's permission (and, under the draft 2026 bye-laws, the consent of those present), and never for expulsion, removal of a committee member or bye-law amendments. A resolution with money or rights consequences passed this way is the weakest kind. The challenge goes to the Co-operative Court under s.91. BL 94(k) allows other matters only with the chair's permission, after the regular agenda, and excepting "those requiring proper notice". dBL 97(c) adds the consent of the members present, and dBL 103 lists the matters that always need notice. The reasoning is fairness to absent members: they decided not to attend on the strength of the notice. In OLVPS CHS the State Consumer Commission refused to enforce a charge said to have been passed as other business and circulated late as an addendum (see meetings_gb-006). Options for a member: - write to the committee asking that the resolution not be acted on and be placed, with notice, before the next general meeting; - requisition an SGM (meetings_gb-301); - file a dispute under s.91 before the Co-operative Court. Act promptly and keep a copy of the notice and the minutes. For a specific dispute, consult an advocate.

Question 10

Can the general body cancel or reverse a resolution it passed a few weeks ago?

Accepted Answer

Not straight away under the 2014 bye-laws. A resolution cancelling an earlier general-body resolution cannot be brought until six clear months have passed since it was passed. The draft 2026 bye-laws do not repeat this bar. BL 108 says no resolution cancelling a previous general-body resolution can be brought unless six clear months have elapsed. The purpose is stability: the committee can act on a decision without it being overturned at the next meeting. Points to note: - the bar applies to the general body cancelling its own resolution; it does not stop a member challenging an unlawful resolution before the Co-operative Court or the Registrar; - a resolution that breaks the Act, the Rules or a s.79A direction is invalid anyway and need not wait (see committee-007); - where the facts have changed (for example a contractor has withdrawn), the committee can bring a fresh proposal on a different footing rather than a bare cancellation. We did not find an equivalent of BL 108 in the draft 2026 bye-laws, so a society that adopts them may lose the six-month bar unless it keeps it in its own bye-laws.

Question 11

Can the society pass a general-body resolution by circulating it, or by an online poll, without holding a meeting?

Accepted Answer

No. The Act, the 2026 Rules and both sets of model bye-laws provide for general-body decisions only at a meeting called with notice and a quorum. Resolutions by circulation are provided only for the managing committee, in urgency. An online poll can gauge opinion but does not replace a general-body resolution. Rule 106C-13(3)(e)-(g) ties general-body decisions to a meeting with a quorum, counting members present in person or by video. BL 97-106 and dBL 97-101 describe notice, quorum, voting and minutes for a meeting. The only circulation procedure is for the committee: BL 126(b) and dBL 122(b) let it pass an urgent resolution by circulation and place it before its next meeting. A WhatsApp or web poll among members is therefore only a survey. If the decision needs the general body (a levy, a policy, spending above the committee's limit), call an SGM, which needs only 5 clear days' notice, and members who cannot come can join by video (Rule 106C-13(3)(b), (h)). Written consents collected door to door are also not a resolution, although redevelopment has its own rule that members who voted in favour give written consent after the meeting.

Question 12

The general-body minutes were finalised with a mistake even after members objected. How can they be corrected now?

Accepted Answer

Raise it at the next general meeting, where confirming the previous minutes is the first item. The general body can confirm them with corrections, and the correction is recorded as a fresh entry; the original page is not overwritten. If the minutes misrecord a decision that affects your rights, you can also take the dispute to the Co-operative Court. BL 94(a) and dBL 95(c)(i) put the previous minutes before the next AGM, and BL 107 gives members a chance to comment on the draft. Once finalised, the minutes sit in the minutes book (BL 140 item 12). The proper way to fix a recorded error is a resolution at the next general meeting: state the item, the wording to be corrected, and the correct wording, and record the correction in the minutes of that meeting with a cross-reference in the margin of the original. Do not erase, paste over or rewrite pages; an altered minutes book invites the charge of tampering with books (s.146). If the committee refuses to place your objection on the agenda, requisition an SGM (meetings_gb-301) or complain to the Registrar. Where the error is about a levy or a member's rights, a dispute can go to the Co-operative Court under s.91. Keep the attendance sheet and any recording; they are the evidence of what was actually decided.

Question 13

Who signs the general-body minutes, and can the society keep the minutes book electronically?

Accepted Answer

Under the 2014 bye-laws the final minutes are written in the general-body minutes book by the Secretary or another person authorised, and in practice signed by the Secretary and the person who chaired the meeting. The draft 2026 bye-laws allow records in physical or electronic form and make minutes books permanent records. BL 107 has the committee prepare the final minutes and "cause them to be recorded in the minutes book" by the Secretary or an authorised person. BL 140 lists a separate minutes book for general meetings. The bye-laws set out signing for committee minutes (BL 135; dBL 129(b): the chairman of the meeting and the Secretary), and the same pair signing general-body minutes is standard practice. The draft 2026 bye-laws let the society keep books and registers physically, electronically or both, with protection against unauthorised alteration, and list minutes books among records preserved permanently (dBL chapter on records, clause (c)(iii)). A sensible electronic system: a locked PDF of each signed set of minutes, a hash or version record, and no way to edit a confirmed entry. Keep the paper minutes book too until the society adopts bye-laws that allow electronic minutes.

Question 14

Can a member record the general meeting on their own phone?

Accepted Answer

Neither the Act, the 2026 Rules nor the model bye-laws say. The chair can regulate conduct at the meeting, and the general body can adopt a policy. Where the society itself records the meeting, members' own recordings add little; where it does not, a policy allowing audio notes for personal use, with notice to those present, is a fair middle path. Rule 106C-13(3)(b) expects the society's own system to record and store the proceedings when video participation is used, and a redevelopment SGM must be video recorded (106C-13(3)(i)). The High Court has held that a meeting recording is not among the documents a member can demand under s.154B-8(1) (Mahesh Bhartiya, 2026), so a member cannot insist on a copy. Nothing forbids a member making notes. A private recording captures other members' voices and images, which is personal data; once the DPDP Act's duties apply to the society (13 May 2027), a society policy on recordings is prudent. Suggested approach: the general body resolves whether personal recording is allowed, the notice says so, and the chair announces it at the start. Posting a recording on social media to embarrass members can itself become a nuisance or defamation complaint.

Question 15

When the votes are tied, does the chairman get two votes — his own and a casting vote?

Accepted Answer

Yes, in effect. The person presiding votes as a member and, if the result is a tie, has a casting vote to break it. The casting vote is used only on a tie and should be recorded separately in the minutes. The proviso to s.27(1) gives the chairman a casting vote "in the case of an equality of votes". BL 105 gives every member one vote and the chairman of the meeting a casting vote on a tie; dBL 100(d) says the same. For committee meetings BL 133 and dBL 127(c) call it "a second or casting vote", which makes clear it is in addition to the chair's own vote. How to record it: votes for, against and abstaining; that there was a tie; and how the chair used the casting vote. A chair is not forced to use it; if he does not, the motion is not carried because it lacks a majority. Under Rule 106C-13(3)(g) a general-body decision needs 51 % of the members present; a tie with abstentions may not reach that, so check the arithmetic before declaring the result.

Question 16

How does a member demand a poll or a secret ballot on a resolution at the general meeting?

Accepted Answer

Voting is normally by show of hands. Under the draft 2026 bye-laws any member may demand a poll when members are divided, and the chair may direct a ballot. The 2014 bye-laws are silent on polls for ordinary resolutions; the secret ballot in the election rules applies only to committee elections. dBL 101 (draft) provides: show of hands ordinarily; any member may demand a poll where members are divided, and the chair then puts the resolution to vote; a ballot where the chair directs or the Act or Rules require; and the chair declares the result, which is recorded in the minutes. dBL 100(c) passes resolutions by a majority of members present unless the Act or Rules say otherwise. The 2014 bye-laws only say decisions are by simple majority of those present and voting (BL 106). In committee elections the final 2021 election rules always use a secret ballot in a sealed box (76-N); the 2019 draft's "more than one-fifth may demand a secret ballot" was dropped, and neither applies to ordinary resolutions. Practical tip: for a contentious item, the chair can pre-announce in the notice that voting will be by named poll, so that remote and in-person members vote the same way and the count is verifiable.

Question 17

Which general-body decisions need more than a simple majority?

Accepted Answer

The main ones: amending bye-laws (two-thirds of members present and voting, after 14 days' notice); selecting a developer or contractor for redevelopment (51 % of the total membership, with a two-thirds quorum); and, under the 2026 Rules, AGM decisions generally need 51 % of the members present. Committee-level no-confidence motions have their own majority. - Bye-law amendment: proposal sent to all members 14 days before the meeting and passed by not less than two-thirds of those present and voting, then registered by the Registrar (BL 165). - Redevelopment: 14 clear days' notice, quorum of two-thirds of total members, the Registrar's representative present, video recording, and selection of the developer or contractor by 51 % of the total membership including those on video (Rule 106C-13(3)(i), (j)). - Ordinary AGM decisions: "a majority vote of fifty-one per cent of the total members of the society present" (106C-13(3)(g)); see meetings_gb-004 on abstentions. - Expulsion of a member follows its own procedure and notice (see membership entries). - Removing an office-bearer is for the committee under s.73-ID, not the general body (committee-105). Always state in the notice which majority applies, and record the numbers so that anyone can check.

Question 18

Can the general body vote an individual committee member off the committee?

Accepted Answer

No. Neither the Act, the 2026 Rules nor the model bye-laws give the general body a power to remove an elected committee member. The Act gives that power to the Registrar (s.78A), after notice and a hearing. A member who incurs a disqualification ceases automatically (s.154B-23(2)), and an office-bearer can lose the office through a no-confidence motion in the committee (s.154B-24). Section 78A applies to housing societies (s.154B(1)): the Registrar may remove a committee member who has acted against the interest of the society or its members, refuses or has ceased to discharge his functions, is involved in serious financial irregularities, or stands disqualified, after written objections, a hearing and consultation with the federation. A member so removed cannot return to any committee for the next term. Section 78 does not apply to housing societies (s.154B(2)). dBL 103 (draft) says no resolution on "removal of a Member of the Committee" may be brought without due notice under the Act and Rules; it assumes a power exists elsewhere but does not create one. Rule 106C-13(4)(a) lists "removal" among the causes of a casual vacancy, again without saying who removes. BL 118(b) makes cessation for disqualification or three absences take effect on the Registrar's order; dBL 114 makes it subject to the Registrar's confirmation where the Act requires. So a general body wanting a member out should: - check whether a disqualification has actually occurred (defaults, s.154B-23 grounds, absences) and put the facts to the committee and the Registrar; - if there is misconduct, pass a resolution setting out the facts and asking the Registrar to act under s.78A; - use its supremacy to direct the committee on policy (106C-13(3)(a)); - wait for the election. A general-body "removal" resolution without a statutory basis is likely to be set aside. Take an advocate's advice before relying on one.

Question 19

Can non-members such as the auditor, the society's advocate, tenants or a federation representative attend the general meeting?

Accepted Answer

The general meeting is a meeting of members, and proxies and authority-letter holders cannot attend on a member's behalf. The chair may invite advisers such as the statutory auditor, architect or advocate to explain an item, but they do not vote or count for quorum. Tenants and other occupants have no right to attend. BL 103 and dBL 99(b) bar any proxy, power-of-attorney holder or letter-of-authority holder from attending "on behalf of" a member. Nominal members (tenants recorded as such) have no voting rights (s.27(8); BL 26). Nothing prevents the chair from inviting a professional to present a report; it is common for the auditor to answer questions on the audit report, and for the redevelopment PMC to present the project report. Record in the minutes who attended as an invitee and in what capacity, and ask them to leave before voting if members prefer. The Registrar's representative attends a redevelopment SGM as of right (106C-13(3)(i)). For the election SGM of a small society the Returning Officer admits only voters, society officers, his assistants and police if called (ER 76-G(6), archived draft). See tenants_leave_licence-101 on tenants.

Question 20

Can the AGM be held outside the society's premises, on a weekday, or at a time many members cannot attend?

Accepted Answer

The committee decides the date, time and place of every general meeting. There is no rule that it must be on the premises or on a weekend. But a choice that keeps members away (an odd hour, a distant hall) invites complaints, and with video participation now allowed, there is little reason not to make attendance easy. BL 97 and dBL 97 leave the date, time and place to the committee, and the notice must state them (dBL 97(b)(i)). The adjournment rule refers to "the same place ... specified in the notice" (106C-13(3)(f)), so fix the fall-back in the notice. Good practice: hold it on a weekend or evening; use a venue within or near the society; offer a video link (106C-13(3)(b)); avoid festival days. The date must still fall on or before 30 September (s.75(1); BL 93). A meeting held at a place or time chosen to exclude members may be challenged as not a fair meeting; the Registrar can also look at such complaints. Record in the committee's resolution why the date and venue were chosen.

Question 21

The statutory audit will not be finished by September. Should we still hold the AGM by 30 September?

Accepted Answer

Yes. The AGM date is fixed by s.75 and cannot be extended. Hold it by 30 September, take the items that are ready, record that the audit report is pending and why, and place it before an SGM as soon as it arrives. Not holding the AGM at all is the bigger risk. Section 75(1) requires the AGM within six months of the year-end, and BL 93 notes there is no provision for extension. Failure to call the AGM or to lay the required statements can lead to disqualification under s.75(5) (see meetings_gb-001). The audit itself is due earlier (within four months under s.75(1) as described in meetings_gb-001), so a late audit is already a lapse the committee must explain. At the AGM: - place the unaudited accounts, the annual report and the budget; - appoint or reappoint the auditor from the panel; - record the reasons the audit report is not ready and the date expected; - resolve to hold an SGM to adopt the audited accounts. The s.79 annual return is also due by 30 September; file what is due and note the pending audit. Keep the correspondence with the auditor as evidence that the delay was not the committee's fault.

Question 22

I sent written questions before the AGM. Must the committee answer them?

Accepted Answer

There is no express rule forcing written answers, but members have a right to receive the accounts and reports, to inspect records, and to raise matters before the general body. Questions on items on the agenda should be answered at the meeting; the committee that refuses risks the item being deferred and a complaint to the Registrar. The draft 2026 bye-laws list members' rights to attend, speak and vote at general meetings, to receive notices, minutes, accounts and audit reports, and to submit complaints, representations and resolutions (dBL 34(b), (f), (g)). The 2014 bye-laws give inspection and copies under s.32 (BL 23), now s.154B-8. The committee must place before the AGM the matters in s.75(2) and BL 94. Practice that works: the AGM notice gives a last date for questions; the Secretary compiles them with answers into a short note read or circulated at the meeting; answers and any undertaking ("the vouchers will be available for inspection on Saturday") go into the minutes. A member whose question on the accounts is ignored can ask the meeting to defer adopting them, seek inspection under s.154B-8, and write to the statutory auditor.

Question 23

How are joint members, associate members and members owning several flats counted for the general-meeting quorum?

Accepted Answer

Count members, not people. Each membership (one share certificate) counts once, whichever of the joint holders is present. A person who holds two memberships is still one member for quorum under the one-member-one-vote rule. Invitees, tenants and proxies are never counted. The quorum is two-thirds of "the total members of the society" or twenty, whichever is less (Rule 106C-13(3)(e); BL 99). Only one vote goes with a jointly held membership (s.27(2)), and the 2014 associate member votes only in the member's absence (BL 105), so a couple who both attend count as one member present. Section 27(1) gives no member more than one vote; the same person holding two flats is counted once (see membership-104 on votes). The attendance sheet should list memberships (flat or share certificate number), the person signing, and whether present in person or by video; remote members count if the system recognises them (106C-13(3)(b)). Record the count at the start and at each vote, since members may leave; the 2014 bye-laws require a quorum for each committee item, and a prudent chair checks the general-meeting count before any important vote.

Question 24

What changed for general meetings between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?

Accepted Answer

The 2026 Rules now fix quorum, adjournment, SGM notice, video participation, the 51 % decision rule and the redevelopment meeting for every society. The draft 2026 bye-laws add a poll on demand, a mandatory link in the notice for online meetings, and a list of subjects needing notice, but drop the BL 107 minutes clock and the six-month bar on cancelling resolutions. Same in all three: 14 clear days for the AGM and 5 for an SGM; quorum of two-thirds or 20; no proxies; casting vote. New from the 2026 Rules (binding from 22 Jun 2026): - video or audio-visual participation counted for quorum and voting (106C-13(3)(b)); - AGM decisions by 51 % of members present, where BL 106 said simple majority of those present and voting (106C-13(3)(g)); - redevelopment SGM: 14 clear days, two-thirds quorum, Registrar's representative, video recording, 51 % of total members (106C-13(3)(i)-(j)). In the draft 2026 bye-laws (not yet final): - notice must state the mode of participation and give the link (dBL 97(b)); - business outside the agenda needs the chair's permission and the consent of those present (dBL 97(c)); - poll on demand and ballot where directed (dBL 101); - expulsion, removal of a committee member and bye-law amendment always need notice (dBL 103). Not found in the draft: the BL 107 minutes timetable and the BL 108 six-month bar. Societies stay on their registered 2014 bye-laws until they adopt new ones, but the Rules apply to them already.

Question 25

Who chairs the general meeting if the chairman is absent, and can new subjects be raised under "any other business"?

Accepted Answer

The society's chairman presides. If he is absent or unwilling, the members present elect one of themselves to preside. Business not on the agenda can be taken up only with the chair's permission, and under the draft 2026 bye-laws also with the consent of the members present. Expulsion, removal of a committee member and bye-law amendments can never be taken up without proper notice. Presiding. BL 102 (2014) and dBL 98 (draft 2026). The person presiding has a casting vote when votes are equal (BL 105; dBL 100(d)). Order of business. The secretary reads the notice and agenda. Business is taken in agenda order unless the members present, with the chair's permission, agree otherwise (dBL 100(a)-(b)). Decisions are by majority of members present unless a special majority is prescribed (BL 106; dBL 100(c)). Voting is by show of hands, with a poll on demand (dBL 101). Any other business. BL 94 (2014) lists it last, "with the permission of the Chairman". dBL 97(c) says no business outside the agenda may be transacted "except with the permission of the Chair and with the consent of the Members present". Three subjects always need notice: expulsion of a member, removal of a committee member and amendment of bye-laws (dBL 103). Bye-law amendments need 14 days' notice (BL 165; see formation_byelaws-008). Money matters raised as any other business are risky. In OLVPS CHS a levy slipped in later bound nobody (see meetings_gb-006). Put every levy on the written agenda. Proxies are not allowed at general meetings (BL 103; dBL 99(b)).

Question 26

How do I draft the notice and agenda for the AGM?

Accepted Answer

The committee fixes the date, time, place and agenda by resolution. The Secretary then issues the notice at least 14 clear days before the meeting, to every member, with a copy to the housing federation and the Registrar. The agenda follows BL 94: confirming last minutes, the annual report and accounts, the audit report and rectification, the budget, appointing the auditor, and other business with the chair's permission. Steps: 1. Committee resolution fixing the date, time, venue (and video-conference link, if used,
   under Rule 106C-13(3)(b)) and the agenda (BL 97).
2. Count 14 clear days: exclude the day of service and the day of the meeting. For a meeting
   on 30 September, serve the notice on 15 September at the latest.
3. The notice states the date, time and place; the agenda items in order; that the accounts,
   audit report and annual report are open for inspection or attached; the quorum rule
   (two-thirds of members or 20, whichever is less, and adjournment if there is no quorum
   within half an hour); and the date by which members may send questions.
4. BL 94 items: (a) confirm the minutes of the last AGM and any SGM and the action taken;
   (b) the committee's annual report and accounts; (c) the statutory audit report; (d) the
   audit rectification report; (e) the budget for the next year; (f) appointing the auditor
   from the panel and fixing the fee; (g) the annual return; (h) matters needing
   general-body sanction; (i) letters from the Registrar, auditor, government or local
   authority; (j) the election date if one is due; (k) any other business with the chair's
   permission.
5. Serve it (see meetings_gb-202) and send copies to the federation and the Registrar
   (BL 98).
Do not put a major decision under "any other business". Members who were not told in advance can challenge it.

Question 27

How do we serve notices on members and keep proof that they were served?

Accepted Answer

Send the notice to each member's last known address by hand delivery, post or email, and also put a copy on the notice board. Once displayed on the notice board the notice is deemed duly given. Keep proof: a signed or initialled delivery sheet, postal receipts, email sent-logs, and a dated photograph of the notice board. BL 161 allows hand delivery, post (with or without acknowledgement) or email, and says that after a copy is displayed on the notice board the notice is deemed given. A member's complaint of non-receipt does not then invalidate it. The draft 2026 bye-laws add courier, speed post and other electronic means, provided reasonable steps were taken (dBL 69). A proof pack for each notice (good practice): - a delivery sheet listing each flat, with the recipient's signature or, if the flat is locked,
  a note that it was slipped under the door, with date, time and the staff member's name;
- postal receipts for members living elsewhere; - the email with the recipient list and sent time, saved as a PDF; - a photograph of the notice board showing the notice, with the date; - a copy of the notice itself, filed in the notices and agenda file (BL 141(xxvii)). Some items need a particular mode: a notice to a defaulter before disqualification must be by hand delivery or registered post (BL 116(b)); a recovery application needs a copy of the society's notice (Rule 106C-14(2)(f)). WhatsApp alone is not one of the listed modes in the 2014 text; use it only as an extra.

Question 28

The general-body minutes have to go out. What is the timeline and how do we handle members' objections?

Accepted Answer

The committee finalises the draft minutes within 3 months of the meeting. It circulates them to all members within 15 days of finalising them. Members have 15 days to send observations to the Secretary. The committee then prepares the final minutes at its next meeting, and they are confirmed at the next general meeting. BL 107 sets the sequence. A practical plan for an AGM held on 28 September: - draft prepared by the Secretary from notes and the attendance sheet (and the recording, if
  the meeting was hybrid under Rule 106C-13(3)(b));
- committee meeting finalises the draft, say on 20 October (within 3 months); - circulate by 4 November (15 days), by the modes in BL 161, with a notice-board copy; - observations by 19 November (15 days); - committee considers them at its next meeting, records what it accepted and why, and writes
  the final minutes in the minutes book;
- the next general meeting confirms them (the first item of the BL 94 agenda). The minutes record what was decided, not what the committee wishes had been decided. An observation that the minutes are wrong should be answered in writing. If it cannot be resolved, note the disagreement for the next general meeting to decide. Keep the attendance sheet at least until the minutes are confirmed (dBL 138(f) keeps it for a year after confirmation).

Question 29

Something urgent has come up. Can we call a special general meeting at short notice?

Accepted Answer

Normally a special general meeting needs 5 clear days' notice. In an emergency it can be called at shorter notice if the committee decides so unanimously. The agenda and the reasons for the emergency must be sent to all members in writing, and the decisions communicated in writing within two days of the meeting. BL 98 allows the short-notice SGM; Rule 106C-13(3)(h) confirms the 5 clear days for an ordinary SGM. Redevelopment matters can never be taken at short notice. They need 14 clear days, a two-thirds quorum and the Registrar's representative (Rule 106C-13(3)(i)). Steps: a committee resolution passed unanimously, recording why the matter cannot wait; a notice with the agenda and the reasons; the notice-board copy; the meeting with the normal quorum (two-thirds or 20, whichever is less); and a written communication of the decisions to every member within two days. Keep the emergency genuine: a burst main water line or an order from the municipal corporation with a short deadline qualifies. A contract the committee simply forgot to renew does not. Where only spending is urgent, the committee's own powers may be enough: see committee-205 on emergency decisions.

Question 30

By when must the AGM be held, and what happens if it is not?

Accepted Answer

By 30 September every year, within six months after the financial year ends. No extension is available. If the society does not call it, the Registrar may call it. The committee members responsible can be disqualified for up to five years under s.75(5). Section 75(1) requires the accounts to be audited within four months of year-end and the AGM to be called within six months. BL 93(a) notes that there is no provision to extend the AGM date. The proviso to s.75(1) lets the Registrar, or an officer he authorises, call the meeting. That meeting is deemed duly called, and its cost can be charged to the persons at fault. Under s.75(5) the Registrar may disqualify any officer or committee member who, without reasonable excuse, failed to call the meeting or to lay the required statements. The period is up to five years. Rule 106C-13(3)(c) confirms that the AGM is held as s.75 provides. The s.79(1A) annual returns are also due by 30 Sep.

Question 31

How much notice is needed for an AGM or SGM, and how must it be served?

Accepted Answer

An AGM needs 14 clear days' notice. An SGM needs 5 clear days, and a redevelopment SGM 14. Serve it on every member by hand, post, email or an approved digital platform, put a copy on the notice board, and inform the Registrar and the federation. BL 98 sets 14 clear days for the AGM and 5 for an SGM. In an emergency the committee may call an SGM at shorter notice if it decides unanimously. It must then circulate the reasons and agenda, and send the decisions to all members within two days. Rule 106C-13(3)(h) fixes 5 clear days for an SGM. Rule 106C-13(3)(i) fixes 14 clear days for a redevelopment SGM. "Clear days" leaves out both the day the notice is posted and the day of the meeting (BL 3(v)). The notice goes by the modes in BL 161. The draft 2026 bye-laws treat an MC-approved digital platform as valid service (dBL 2(b)). The requisitioned SGM may take up only the business in the requisition (BL 97). Keep proof of service for each member. A defective notice is the most common ground for challenging a resolution.

Question 32

What is the quorum for a general meeting, and what if too few members turn up?

Accepted Answer

Two-thirds of all members or 20, whichever is less. If there is no quorum within half an hour, a requisitioned meeting is dissolved. Any other meeting is adjourned to a later hour that day, or to a date 7 to 30 days later, and the adjourned meeting transacts the business without a quorum. A redevelopment SGM always needs two-thirds of total members. Rule 106C-13(3)(e)-(f) now fixes the quorum and the adjournment rule for every housing society. It matches BL 99-100. The redevelopment SGM has a stricter quorum of two-thirds of total membership (106C-13(3)(i)). Its approval must be by 51 % of total members, including those attending by video (106C-13(3)(j)). Members attending by video conference count for quorum and voting if the system records and identifies them and stores the proceedings (106C-13(3)(b) proviso).

Question 33

How are decisions taken at the general meeting? Can I send a proxy?

Accepted Answer

No proxies, power-of-attorney holders or authority letters are allowed. Each member has one vote, and the chairman has a casting vote. Under the 2026 Rules decisions pass by a majority of 51 % of the members present, counting those on video. BL 103 bars proxies. BL 104-105 and s.27 provide one member one vote, with the associate member voting in the member's absence. Rule 106C-13(3)(g) says AGM decisions are passed by "a majority vote of fifty-one per cent of the total members of the society present, including those attending through video conferencing". BL 106 had required a simple majority of those present and voting. In practice both come to more than half of those present. The Rule counts abstentions against the motion, so record the numbers present, for, against and abstaining. Voting is by show of hands, with a poll on demand (dBL 101). Some items need notice before they can be decided: expulsion, removal of a committee member and bye-law amendments (dBL 103). The general body is the supreme authority and binds the committee (106C-13(3)(a)). It can decide only matters within the Act, the Rules, the bye-laws and s.79A and s.154B-21 directions (106C-13(3)(b)).

Question 34

How can members force the committee to call a special general meeting?

Accepted Answer

One-fifth of the members can requisition an SGM in writing, stating the business. The committee must place the requisition before its meeting within 7 days, and the SGM must be held within one month. If the committee fails, the Registrar can be asked to act. Under BL 95-96 an SGM may be called by the chairman, by a majority of the committee, on the written requisition of one-fifth of members, or by the Registrar or the federation. On a requisition it must be held within a month of receipt, and it takes up only the requisitioned business (BL 97). If there is no quorum within half an hour, a requisitioned meeting is dissolved (Rule 106C-13(3)(f)). For redevelopment, the s.79A directive of 4 Jul 2019 has its own requisition rule. One-fifth of members requisition, the committee notes it within 8 days, and the SGM is held within 2 months. Failure to call a requisitioned meeting can be reported to the Registrar (BL 173(a)).

Question 35

How soon must general-meeting minutes be circulated, and can the committee add to them later?

Accepted Answer

Under the 2014 bye-laws the committee finalises the draft minutes within 3 months. It circulates them within 15 days, members have 15 days to comment, and the minutes are confirmed at the next general meeting. A resolution slipped in later by "addendum" does not bind members. BL 107 sets the minutes clock. The Maharashtra State Consumer Commission applied it in OLVPS CHS. A resolution said to have been passed under "any other business" was missing from the circulated minutes. It was sent out as an addendum more than five months after the meeting. The Commission held that there was "no resolution which could bind the members" (para 18). Practical rules: - put every levy on the written agenda; - record the voting figures; - do not rely on "any other business" for money matters; - keep the recording, where the meeting was held by video, with the minutes. Members can inspect the minutes and get copies (s.154B-8). The draft 2026 bye-laws do not repeat the BL 107 clock. They require the previous minutes to be placed before the next AGM (dBL 95(c)(i)).

Question 36

Can general meetings be held online or in hybrid mode?

Accepted Answer

Yes. From 22 Jun 2026 members may attend any general meeting in person or by video conference or other audio-visual means provided by the society. Remote members count for quorum and voting. The system must record, identify participants and store the proceedings with date and time. The proviso to Rule 106C-13(3)(b) sets the standard for remote attendance. Decisions count those attending by video (106C-13(3)(g)). Redevelopment SGMs may also include video participants (106C-13(3)(j)). They must still be video recorded, held before the Registrar's representative, and the recording kept by the chairman with a copy at the Registrar's office (106C-13(3)(i)). Keep the recording and the attendance log with the minutes. A recording is not a document members can demand under s.154B-8(1) (Mahesh Bhartiya, 2026). The general body can still decide to share it.

Question 37

What must be placed before the AGM?

Accepted Answer

The AGM must receive: - the committee's annual report; - the audited accounts and audit report; - the rectification report on earlier audits; - the budget for the next year; - the plan for disposing of any surplus; - details of loans to committee members and their families; - bye-law amendments; - a declaration on the election when it is due. It also appoints the auditor, and takes any other business on notice. Section 75(2) lists what the committee must lay before every AGM. The list covers loans to committee members and their families, the annual report, the surplus plan, bye-law amendments, the election declaration, the audit report, the rectification report and the budget. BL 94 adds: - confirming the previous minutes; - appointing a panel auditor; - the annual return; - communications from the Registrar and authorities; - other business with the chair's permission. Rule 106C-13(3)(d) says the notice and agenda follow the Act and the bye-laws. Failing to lay these items is a ground for disqualification under s.75(5).

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