3 members apartment association : is it legal?

Q: A society which is consists of 14 members, and among these 14 members 6 members are non- resident and 2 members are senior citizens.Is this a legally viable if there is only secretary, chairman and treasurer but no commitee members? can this association take actions and proceed with redevelopment of the building?

Vinay Dixit, Mumbai

28th February 2013

Legal in Mumbai

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real estate in mumbai

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Replies (3)

Disqualified members in all proceedings under this Act, no person shall be entitled to vote or be counted as a member whose subscription at the time shall have been in arrears for a period exceeding three months. So, they can proceed with the same.

Jerome Fernandez, Mumbai

14th March 2013

Comment

Whereas, section 15 defined member as for the purposes of this Act 'as a member of a society shall be a person who, having been admitted therein according to the rules and regulations thereof, shall have paid a subscription, or shall have signed the roll or list of members thereof, and shall not have resigned in accordance with such rules and regulations.

Anuj Gupta, Mumbai

14th March 2013

Comment

Yes, it can be possible and is viable.. As per Section 16 of the Society Registration Act, 1908, the governing body of the society shall be the governors, council, directors, committee, trustees, or other body to whom by the rules and regulations of the society the management of its affairs is entrusted.

Sunil Joshi, Mumbai

14th March 2013

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