Redevelopment is one of the most significant decisions taken by a cooperative housing society, as it affects the property rights, housing security, and future of all members. Therefore, the law mandates a strict quorum requirement to ensure that such a decision reflects the collective will of the members and is not taken by a small group.
Statutory Quorum Requirement
For a Special General Body Meeting (SGM) convened specifically to decide whether the society is willing to proceed with redevelopment, the presence of two-thirds of the total members of the society is mandatory to constitute a valid quorum. This requirement is higher than that of a regular general body meeting, keeping in view the gravity of redevelopment.
What Happens if Quorum Is Not Achieved in the First Meeting
If the required two-thirds quorum is not present at the scheduled time of the SGM:
• The meeting cannot transact any business related to redevelopment
• The meeting must be postponed
• A fresh SGM must be convened after seven days
The secretary is required to issue a fresh notice for the adjourned meeting in accordance with the bye-laws.
Second Meeting and Failure of Quorum
If the quorum of two-thirds members is not achieved even in the postponed meeting held after seven days, the consequences are serious:
• The meeting shall be called off
• It is deemed that the members are not interested in redevelopment at that stage
• No resolution regarding redevelopment can be passed
This provision prevents repeated attempts to push redevelopment without adequate member participation.
Restriction on Re-Initiating Redevelopment Proposal
Once the second meeting also fails for want of quorum, the society faces a cooling-off period:
• The society cannot take up the redevelopment issue again for three months
• No fresh Special General Body Meeting on redevelopment can be convened during this period
This restriction protects members from unnecessary pressure and frequent meetings on the same agenda.
Role and Responsibility of the Managing Committee
The managing committee must ensure:
• Proper service of notice to all members
• Clear mention that the meeting agenda concerns redevelopment
• Adequate efforts to encourage member participation
Failure to comply with procedural requirements can expose the committee to objections and legal challenges.
Conclusion
If quorum is not achieved in the SGM called to decide redevelopment, the society cannot proceed further. After two failed attempts, the redevelopment proposal must be kept in abeyance for at least three months. This legal framework ensures that redevelopment moves forward only when there is substantial and demonstrable consensus among the members.
