by Housing Society AGM: Why the Managing Committee Must Give 14 Days’ Clear Notice
In every co-operative housing society, the Annual General Meeting (AGM) is one of the most crucial events of the year. It provides a platform for members to review the society’s financial statements, discuss administrative matters, and elect new committee members. However, one key legal requirement often overlooked by many societies is the 14 days’ clear notice rule.
Legal Provision
According to the Model Bye-laws of Co-operative Housing Societies (2014), No. 99 the Managing Committee (MC) must issue 14 clear days’ notice to all members before holding the AGM. This requirement ensures that every member has adequate time to prepare, go through the agenda, and participate meaningfully in the meeting.
The notice period of 14 clear days means 14 full days must elapse between the date of issue of notice and the date of the meeting, excluding both the date of dispatch and the date of the meeting. For example, if the AGM is scheduled on 30th September, the notice must be issued on or before 15th September.
Example :-
Date of AGM Notice – 1 Day
Clear Days – 14 Days
AGM Date – 1 Days
Why It Matters
Transparency: Adequate notice builds trust and ensures transparency in society administration.
Member Participation: Members can plan their schedules and attend the AGM without last-minute surprises.
Legal Validity: If the AGM notice is not issued with 14 clear days, any decisions taken—including adoption of accounts or election of office bearers—can be challenged before the Deputy Registrar under the Maharashtra Co-operative Societies Act, 1960.
Accountability: The MC is duty-bound to ensure compliance. Failure to follow due process can lead to disqualification or inquiry under Section 73(1AB) of the Act.
ys
Best Practices
- Send the AGM notice by hand delivery, registered post, or email (if approved in the AGM).
- Publish on the society own website.
- Display a copy of the notice on the society’s notice board and circulate it on the WhatsApp group for wider reach.
- Include the agenda items, auditor’s report, annual accounts, and budget proposals with the notice.
- Maintain proof of dispatch to every member.
Conclusion
Issuing a 14-day clear notice is not just a procedural formality—it’s a statutory requirement that upholds the democratic functioning of the housing society. A well-notified AGM leads to greater participation, smoother governance, and fewer disputes.
Friquently asked Questations
What Are the Legal Impacts If a Housing Society Issues AGM Notice Less Than 14 Days?
The Managing Committee (MC) of a co-operative housing society is legally bound to issue a clear 14 days’ notice before holding the Annual General Meeting (AGM). This is a mandatory requirement under the Model Bye-laws of 2014 and the Maharashtra Co-operative Societies Act, 1960.
But what happens if the MC issues the AGM notice with less than 14 clear days—for example, only 13 days?
Legal Implications
Invalid AGM: The AGM may be declared improperly convened, and any resolutions passed—such as approval of accounts or election of office bearers—can be challenged and set aside.
Registrar’s Action: Members can file a complaint before the Deputy Registrar under Section 75(5) or Section 79(1) of the Act. The Registrar may direct the society to reconvene the AGM or invalidate the previous resolutions.
Audit Remark: The statutory auditor may record a non-compliance remark during audit, which can affect the society’s compliance record.
Committee Liability: The Managing Committee may face inquiry or disqualification proceedings under Section 73(1AB) for failure to follow mandatory procedure.
Dispute in Co-operative Court: Any aggrieved member can file a dispute under Section 91, challenging the AGM and resolutions as null and void.
