In today’s digital age, WhatsApp groups have become a quick and convenient way for housing societies to share information with members. Notices, circulars, minutes of meetings, and updates are often posted on society WhatsApp groups for the ease of both the secretary and members. However, the question remains — can WhatsApp be considered a legally valid mode for serving notices of general body meetings (GBM)?
Legal Provisions for Serving Notices
As per the 2014 Model Bye-laws of Cooperative Housing Societies, the secretary is legally required to serve notices of general body meetings in a formal manner. Bye-laws 98 and 162 clearly specify that notices, resolutions, or decisions must be served to members through one of the following modes:
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Hand delivery to the member’s registered address
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Despatch through post office
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Registered post with or without acknowledgment
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Email communication (if the member has registered an email address)
Additionally, a copy of the notice must be displayed on the society’s notice board.
WhatsApp as a Mode of Communication
While WhatsApp is widely used and accepted for informal and quick communication, it is not considered a lawful or legally valid mode of serving notices under the bye-laws. Posting the notice only on WhatsApp may expose the society to legal challenges if a member claims non-receipt of notice.
Acceptable Use of WhatsApp Notices
Societies can post notices on WhatsApp groups as a convenience or reminder to members. This helps improve participation and awareness, but such a notice cannot replace the legally mandated modes of service. In case of a dispute, WhatsApp posts alone will not hold up as proof of due service.
Best Practices for Housing Societies
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Serve notices through formal modes (hand delivery, post, or email) as required by bye-laws.
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Maintain a record of delivery (acknowledgment, postal receipt, or email logs).
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Post notices on WhatsApp only as an additional reminder to ensure better reach.
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Always display a copy of the notice on the society’s notice board.
Conclusion
WhatsApp is an excellent tool for improving communication within housing societies but cannot substitute legally valid modes of serving notices. The managing committee must follow the proper procedure as per the bye-laws to avoid disputes and ensure that meeting notices remain legally enforceable.
