Clarification Regarding Legal Requirement - Housing Society

Asked in Procedural

  • ***y

    Pune

Expert's Answers(4)

  • Kkomal Ttyagi Advocate

    New Delhi, Delhi
      2 Client Ratings

    Kindly contact us for more details. +919667660556

    August 16, 2025
  • PRATYUSH KUMAR ADVOCATE

    Kanpur, Uttar Pradesh
     

    You are correct in your understanding of Section 154B-24 of the Maharashtra Co-operative Societies Act, 1960 and Rule 57A(3)(iii) of the MCS Rules, 1961. The law ensures that a motion of no confidence against an office bearer in a housing society committee cannot be passed lightly or without proper majority and participation. ✅ Legal Requirements for No-Confidence Motion: 1. Quorum Requirement: At least 2/3rd of the total committee members (rounded up) must be present at the meeting for the motion to be considered valid. For example, in a committee of 11 members: 2/3 of 11 = 7.33 → rounded up to 8 members must be present. 2. Voting Requirement: Out of those present, at least 2/3rd must vote in favor of the no-confidence motion for it to pass. So, if 8 members are present, at least 6 must vote in favor of the motion. This strict threshold prevents misuse and ensures only genuine majority-supported motions are passed. ? Suggestion: Always maintain meeting minutes, attendance records, and voting results in writing and duly signed, as they are essential legal documents in case of any challenge. If you need help drafting such a motion or defending against one, feel free to consult legally. 7705998888,7705938888

    July 27, 2025
  • Kishan Dutt Kalaskar 40 years Exp (Retired Judge)

    Bengaluru Urban, Karnataka
      187 Client Ratings

    Dear Sir, Quorum Requirement: At least 2/3 of total committee members (rounded up) must be present. Voting Requirement: At least 2/3 of the members present (and entitled to vote) must vote in favor of the motion. This ensures that a no-confidence motion cannot be passed with low attendance or minority support. Let me know if you need help drafting or responding to such a motion legally.

    July 16, 2025
  • Adv M. K. Singh

    Lucknow, Uttar Pradesh
      6 Client Ratings

    You can contact for solution in this regard. Thanks.

    July 12, 2025