Section 46(2) requires the requisition be in writing and “signed by the requisitionists” the board took the position that only the names signed in cursive were valid and could be counted towards the 15% requisition requirement based on this position, the board refused to hold a meeting of the owners, citing insufficient unit owner support. Requisites of a valid meetings:-the following conditions must be satisfied for a meeting to be called a valid meeting :- it must be properly convened the persons calling the meeting must be authorised to do so proper and adequate notice must have been given to all those entitled to attend the meeting must be legally constituted.
The meeting must have been convened by the proper authority the proper authorities are:- (i) board of directors:- general meeting (ii) shareholders :- extra proper and adequate notice must have been served to all those entitled to attend the meeting. Following are the requisites of a valid general meeting : proper authority: the proper authority to convene a general meeting of the company’s members is the board of directors for this, the board of directors has to pass a resolution at its meeting.
Proxy lodged for the original meeting remains valid for the adjourned meeting also (6) every notice of a meeting must appropriately mention that a member is entitled to appoint a proxy and that the proxy need not be a member [sec 176 (2).
Private meetings can be from the viewpoint of authenticity, classified into valid and invalid decisions taken at a valid meeting are binding on the members of the association or committee or sub-committee as the case may be whether present at the meeting or not or whether agree or disagree with the decisions. The second requirement of a valid meeting is that all those who are concerned with the business of the meeting andare entitled to attend, are communicated of the date, time, place and usiness of the meeting.
Requisites of a valid meeting a meeting to be in order must fulfil certain requirements 1 proper authority the board of directors is the proper authority to convene a general meeting of a company and for this purpose the board should pass a resolution at a duly convened meeting of the board. Essentials of a valid meeting company law requisites of a valid meeting if the business transacted at a meeting is to be valid and legally binding, the meeting itself must be validly held a meeting will be considered to be validly held, if: a). Requisites of a valid meetings:-the following conditions must be satisfied for a meeting to be called a valid meeting :- it must be properly convened the persons calling the meeting must be.
Pre-requisites of valid meeting decisions taken at a valid meeting are binding on the members of the association or committee or sub-committee as the case.
One of the most contentious sections of the condominium act, 1998, is section 46, which is the right of owners to requisition a meeting of owners given the number of cases on the requisition right (most of which dealt with improper denials of valid requisitions), it is no wonder section 46 was one of.