Contestant - election - association

Kavitha Balan (Querist) 10 January 2024 This query is : Resolved
1. In a gated community, (chennai, Tamilnadu), , When Father is the registered house owner of the House in a gated community, whether his unmarried daughter who is staying with father in the same house is eligible to contest for election?
FYI - Daughter is not the co-owner of the house i.e., House registered in the name of Father & Mother but not daughter. Both parents are senior citizens.

Our Bye Law says -
c.Every member(only 1 per Apartment/Flat) is entitled to stand for
election to any office of the Association unless he / she are not in
arrears of subscription and other dues for three months and over.

d. Where two or more persons have purchased an Apartment jointly,
they shall be jointly entitled to the Apartment and the person whose
name stands first shall alone have the right to vote or stand for
election. However, the first Joint Owner, by a letter of authority
deposited in the office of the Association, may authorize the other
Joint Owner to vote on his/her behalf or stand for election.

e. Only one of the Joint Apartment Owners shall be entitled to vote or be
eligible to be elected and not all the Joint Owners.

2. If, No is the answer for 1st question, can the "Power of attorney" provided by father to the daughter, can make daughter contest for society election?

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Quick Summary

This discussion explores whether an unmarried daughter residing with her father in a Chennai gated community can contest an association election. Based on the provided bylaws, eligibility to contest is typically limited to registered owners or co-owners. Since the daughter is not a co-owner and the property is registered solely in her parents' names, she is likely ineligible. The possibility of using a Power of Attorney to enable her to contest was also considered but deemed unlikely to override the ownership requirements stipulated in the bylaws.

kavksatyanarayana (Expert) 10 January 2024
You can contest in AGM election of society. But before you verify rules and regulations the bylaws of the society.

Kavitha Balan (Querist) 10 January 2024
Mam,
The election rule says only the following. Nothing more present in election rule.

owner or co-owner can contest.

But I am not owner, only parents are owner & co-owner

kavksatyanarayana (Expert) 11 January 2024
So you cannot.................................

P. Venu (Expert) 11 January 2024
Yes, the facts as posted suggest that you are not eligible to contest the election.

T. Kalaiselvan, Advocate (Expert) 13 January 2024
Only the owner shall become the member of the association and only the member is eligible for casting vote and contesting the election.
Your bylaws is clear about it.
You don't require any more clarification than to understand that a non member cannot contest the elections in any capacity.

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