Voting rights in apartment societies


I am posting this query in respect of a  Residential Apartment Association registered in year 2002, in Hyderabad, under the Registrar of Societies, AP.

Question 1 - We have , in our society a few owners who own more than one flat in the same name. ( 2 flats, 4 flats etc) while the rest are single flat owners. Now I wish to know whether , in AGMs and EGMs of the Association, the owners of multiple flats will have a single vote or asmany votes as the apartments they own.  The Apartment Bye-laws formed at the inception, mentions that one vote for one name irrespective of the number of apartments they own.

Question-2- The original building had 45 Apartments and so the Association was formed and registered with 45 names. A few years later the the builder built 24 more apartments in the same premises and sold them.  But the new 24 owners were not added in the Society. but all these years all were participating in the association meetings and Voting on issues. How to add the new members in the Association.

Somebody plz clarigy.

Thanks,

Balu A


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Dear!

One Flat - One Vote has been clarified by the SCI in many cases and one of them was the Merry Niketan Co-op Housing Society's case, which hailed from Mumbai and finally SC decided that one person shal have only one vote, irrespective of the flats they or their family memebers hold in the society. The act of cartelization by the families to take control of the society is not allowed.

For the new memebers to be added the agreement between the builder and them is sufficient. If it does not have any such clause or proper document to certify the new meember as a Co-operative memebr, the society office can be asked to provide for the same. If even they do not have, enagage a lawyer and get the orders by the concerned tribunal. The lawyer shall guide you properly.

Good Luck!

 
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advocate/director

dear Bala gangadhar,
One vote can be cast by one person irrespective of how many flats he owns. As per the Registration of SocietiesAct the amendments have to be filed as and when the executive body changes or the new governing body has been elected.
Secondly there needs to be an indepth examination of your societies Bye-Laws in regards to adding new members .

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086
 
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Thank you Sir for your promp response. My query stands clarified.

 


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Thank you Sir.

 

 
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