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Hsg. Soc. Appontment of legal adviser without agm ratification.
01-Oct-2023 (In Landlord/Tenant Law)
Our housing society consists of 266 members. New MC members were elected last year . An agm of the society was held today to pass the audited accounts and to approve some of the forthcoming contracts for repair work. At the appointed time, all the MC members were present, in addition to a Legal Adviser, said to be appointed by the MC. The members objected to his presence in the meeting. When questioned the MC clarified that the Legal Adviser was appointed by them to sort out the legal issues arising out of the agm. Kindly advise me: 1. Whether the MC can appoint a legal adviser to protect the interest of MC, without the approval of agm / sgm since the remuneration exceeds Rs.125000/-.
2. Whether he can be present in the agm without prior intimation to the members.
3. We understand that nobody, other than the regular members, can attend a agm and participate in the deliberations. I shall be grateful for an early advise. Regards. A.L.Antony
1. Whether the MC can appoint a legal adviser to protect the interest of MC, without the approval of agm / sgm since the remuneration exceeds Rs.125000/-.
Answer: The managing committee appoints a legal advisor for the society. If some allegations have been made on the MC then each one should appoint a separate legal advisor out of their own pockets;
2. Whether he can be present in the agm without prior intimation to the members.
Answer: If he is the society legal advisor, then also he needs to seek permission of the MC to attend the AGM. If he is legal adivor of the MC only then all members need to be made aware beforehand;
3. We understand that nobody, other than the regular members, can attend a agm and participate in the deliberations
Answer: Yes the AGM is for the members only. Any outsider to be present should be first notified beforehand.
Answer: The managing committee appoints a legal advisor for the society. If some allegations have been made on the MC then each one should appoint a separate legal advisor out of their own pockets;
2. Whether he can be present in the agm without prior intimation to the members.
Answer: If he is the society legal advisor, then also he needs to seek permission of the MC to attend the AGM. If he is legal adivor of the MC only then all members need to be made aware beforehand;
3. We understand that nobody, other than the regular members, can attend a agm and participate in the deliberations
Answer: Yes the AGM is for the members only. Any outsider to be present should be first notified beforehand.
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