Implications Of The Items To Be Discussed At The First General Body Meeting

Item No.1: This item refers to the election of a President for the first general body meeting of the promoters of the society. The President elected at the meeting will conduct the meeting in an orderly manner, keeping in view the provisions of the Maharashtra Co-op. societies Act, 1960, the Maharashtra Societies Rules, 1961 and the Bye-laws. The President elected at the first general body meeting will authorize any one of the members present at the meeting to take notes of the discussion. The President has than to write down the minutes of the meeting, sign the same and hand over the same to the Chairman of the society.

      Item No.2: This refers only to the recording of the Bye-laws registered by the Registering       Authority. Bye-laws No.22 of the Bye laws of the society entitles a member to receive a copy of the Bye-laws at cost price.

Item No.3: This item refers to the admission of persons to membership of the society. It may be noted that the persons who have signed the application for registration of the society become members on the date of registration of the society. At times, it happens that during the period intervening between the submission of the registration proposal and registration of the society, some of the purchasers of the flats transfer their flats, with or without the consent of the builder promoter/developer, without carrying out the required corrections in the registration proposal submitted to the Registering Authority. The position of the transferee in such a case is that of an unauthorized occupant of the flat. All rights with regard to such a flat vest in the transferor, who is a member of the society and not in the transferee. The Chief Promoter, who formulates the registration proposal and submits it to the Registering Authority has to take care to see that the changes in names are recorded in the registration proposal as soon as the builder Promoter/developer allows the transfer of any flat. The transferee should also ensure that his name is entered in the registration proposal, before the society is registration of the society. If this is not done, the transferor himself will not be eligible too transfer the flat to the transferee till the expiry of the period of one year from the date of formation of the society. The transferees will not be eligible to be members of the society, neither will they be eligible for transfer of shares and interest in the flats purchased by them before registration of the society from the purchasers, whose names are included in the application for registration until the expiry of one year from the date of registration of the society.

Position with regards to on sold flats in a flat owners’ society. If flats which were shown as unsold in the registration proposal are purchased after the submission of the proposal but before the first general body meeting, the purchasers will have to be admitted to membership of the society, provided the condition of membership are fulfilled by them. Those persons, who have purchased the flats which were shown as unsold in the registration proposal and which have been sold after submission of the proposal for registration of the society but before the first general body meeting and/or any flat purchaser who has not signed & joined the registration proposal whatever reason but desires to become member of the society after registration will have to be admitted to membership of the society, if the conditions of membership are fulfilled. The chief Promoter should place applications for membership received from such purchases of flats in the form prescribed under the Bye-laws before the first general body meeting. The Chief Promoter should satisfy himself that the applications for membership are placed before the first general body meeting. The Chief Promoter should satisfy himself that the applicants are eligible to be members of the society before their applications for membership are placed before the first general body meeting of the society. The first general body meeting should further be kept in mind that the number of members does not exceed the number of flats in the building. In case of a plot type Co-operative housing society, the Chief Promoter of the proposed society should not accept applications for membership in excess of the number of flats proposed to be constructed.