Q. In our society, the managing committee does not permit Swiggy, Zepto, Blinkit and others’ delivery men to go to individual flats. They are asked to leave the parcels in the lobby, and members are required to go down and collect them. This is very inconvenient. Can the committee impose such a rule?
M Swaminathan, Andheri
A. While the food delivery apps are of great convenience to the person placing orders, it may cause nuisance to the others. Your question has two connotations, one where the managing committee is making its own rules without the approval of the general body and the second is implementing the rule made by the general body. In the first case, members can apply to the committee to allow the entry of the delivery person as the general body has not posed any such restrictions. The matter may be escalated to the general body if no satisfactory response is received. However, in the second case, the general body has already made a rule to restrict the entry of the delivery person into the society premises possibly considering certain events or incidents in the past. Such decisions are binding on all members and residents of the society. It is the responsibility of the managing committee to ensure the safety and security of the members and their families residing in the society. Many senior citizens or women are staying alone. Considering the security and safety aspect, your society might have decided not to allow the delivery men at individual member’s houses. The possibility of the delivery person ringing the wrong doorbell causing inconvenience to the owner of such a flat can’t be ruled out. On the contrary, what is the harm in going down to collect the parcel? If any special reason exists, society may consider accommodating your request to allow the delivery person as an exception. There has to be a balance of inconvenience considering all the members of the society.
Q. We have 28 members in our society, how many can we appoint for the managing committee including women, and reserved quota as per norms applicable for housing societies?
Abir Kumar Soni, Bhandup
A. Section 154 B-9 of the MCS Act provides for the constitution of the committee and empowers the state government to decide the number of members in the managing committee. Since your society has less than 50 members, the managing committee should comprise of seven members including two women, as stated in Section 154B-21. The requirement of having reserved category members as specified under section 154B-20 applies to societies having more than 50 members. Thus the requirement to have reserved category members on the committee is not applicable. Please refer to the GRs dated 27, 2, 2024 and 28, 2, 2024 in this regard.
Q. Can a society cancel a resolution passed in the general body? If yes, what is the requirement?
Harman Singh, Sion
A. Any society cannot cancel the resolution passed by the general body unless a clear period of six months has elapsed from the date of passing of such resolution. The managing committee should put forth a proposal for the cancellation of the previous resolution and circulate the same to the members of the society along with the notice and agenda of the general meeting. The general body will deliberate on the proposal and decide accordingly. Please ensure that the notice is duly served and the requirement of quorum is adequately met (Bye Law 109).
The questions are answered by Sharmila Ranade, alegal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to [email protected]
