📌 Question 1
Secretary is not conducting committee meetings. Can other members ask to hold the meeting? What if chairman supports secretary?
✔️ Answer:
Yes. If the secretary doesn’t call meetings, the chairman can do it. If both don’t, 1/3 committee members can requisition a meeting within 7 days. If that also fails, the society’s housing federation can call it. If no chairman is present, members can elect someone to preside.
📌 Question 2
Can the managing committee remove the treasurer, or is general body approval needed?
✔️ Answer:
MC can remove the treasurer by no-confidence motion (initiated by min. 1/3 members, passed by 2/3rd members present, in presence of registrar official). General body approval is not required. Another motion cannot be brought for 6 months if failed.
📌 Question 3
Can a committee member run hostel activity in residential flats (owned in family names)?
✔️ Answer:
No. Running a hostel is a commercial activity and cannot be done without the society’s written consent under Bye-law 75(e). Residential flat cannot be commercialised.
Also, since member is doing letting/subletting commercially, they are disqualified from the committee under MCS Act. Society can ask for explanation, stop use, and even complain to municipal authority.
Source:
🏢❌ Flat Cannot Be Used Commercially Without Society Consent – Expert Clarifies