‘MC Must Supply Documents Requested By Society Members,’ Says Expert

Q. I asked the managing committee, in writing, for a copy of the audited balance sheet for the past three financial years and offered to pay the stipulated fee. However, the committee has not provided it. Does this constitute an offence? Can the committee be penalised? –

Sharad Ketkar, Vile Parle A. Yes, it is an offence if the managing committee fails to supply the documents mentioned in Section 154B-8 (2), including the audited balance sheet, to a member. A complaint has to be filed with the registrar if the committee has failed to act upon your request.

Any officer or past officer, member or past member of the committee will be held liable for such non-compliance. The punishment provided under the MCS Act is a fine of Rs 100 per day after the expiry of a period of 45 days. It may extend up to Rs5,000. You may refer to Sections 146, 147, and 154 B-8 in this regard.

Q. Our society is undergoing redevelopment. The managing committee has met certain developers and seen their projects. Can I request a copy of the minutes of the committee in which the discussion to shortlist the developers was taken? If yes, under which law?

Virendra Pratap, Byculla A. Yes, you can request your managing committee for a copy of the minutes of the meeting in which they discussed the proposals of various developers. Section 154 B-8 empowers every member of the society to inspect, free of cost, at the society’s office during office hours documents like the audited balance sheet, profit and loss account, minutes of the general body meeting, minutes of the managing committee meeting, and other record of the transaction of the society.

You have to make an application in writing to the managing committee along with the applicable fee. The managing committee is obligated to give you a copy of the minutes of the managing committee meeting within 45 days of payment of fees for the supply of documents as mentioned in Bye Law 171. The fee for obtaining copies of minutes of the general meeting and the managing committee meeting is Rs 10 per page.

Q. Our managing committee consists of 11 members as the total number of members is 100. Six members of the managing committee were present at the beginning of one of the meetings. One member left early due to some urgent personal work. Two important decisions were taken when he was not present. Can it be said that these two decisions are valid as the quorum was present at the beginning of the meeting?

Jignesh Kansara, Poisar A. As per Bye Law 114, the quorum is decided by a simple majority of the existing number of members constituting the managing committee. For 100 members, the requirement is 11, and the quorum is six members. The managing committee meetings are generally held in the society’s premises and it may so happen that a member may have to leave for some urgent personal work.

It is necessary that the quorum is present while each agenda item is discussed in the committee meeting. It is not competent for the committee to transact any business unless the quorum requirement is complied with. Bye Law 126 makes a specific provision for the quorum for the committee meetings for every agenda item.

If your managing committee has taken a decision on two items after one member has left the meeting, these two decisions will not be considered as valid in the absence of a quorum. The argument that the quorum was present at the beginning of the meeting will not hold good. The committee is advised to discuss these two agenda items in a subsequent meeting when a quorum is present.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to [email protected]