Voting rights
Mahesh Babu (HR)
(Querist) 06 October 2016
This query is : Resolved
Dear Experts, in our apartment complex, the development agreement with builder and land owner was 60% - 40% respectively and this agreement is registered with land owners share of flats mentioned in it, land owners have sold some flats and some are rented out, there is no unoccupied flats, now the clarification required is does land owner get votes for all their rented flats which are paying maintenance ? some residents are raising objection that these flats are owned by vertu of development agreement and not individually registered in their name, what does the law state, can the land owner get that many votes that the flats he has rented ? these flats are his share by the development agreement and not individually registered in his name.
Need experts advise on this please...
Mahesh Babu
adv.bharat @ PUNE
(Expert) 06 October 2016
One member can vote for ONE time irrespective of no of flat he have in that building.
If u appreciate my answer up to your mark then will u give THANK on my profile for it.
Rajendra K Goyal
(Expert) 06 October 2016
Refer the bye-laws of the society.
Whether there is provision to held more than one flat in the building?
Whether unit ownership is criteria of vote of one individual has only one vote irrespective of no. of units he holds? (such provision may not exist)
Mahesh Babu (HR)
(Querist) 06 October 2016
Thank you for your reposes, I appreciate it, pls help if my understanding is correct: there is only one vote per person irrespective of number of flats owned by an individual in a residential welfare society. is this correct.
Rajendra K Goyal
(Expert) 06 October 2016
You may or may not be correct till bye laws of your society confirm this.
R.K Nanda
(Expert) 06 October 2016
Nothing to add more.
Mahesh Babu (HR)
(Querist) 06 October 2016
Sir's, this is the gist from the bye law on membership:
MEMBERSHIP
7.1.1. The members of the Association shall consist of all the flat/ apartment/unit of Western Plaza; subject to their property being registered will automatically become the Members of the Association. However, such flat/ apartment/unit owners need to submit their consensus as per prescribed Form to the Association with specimen signature and contact details for getting admitted as a Member of the Association. A registered / legal owner can in writing in the prescribed form authorise his / her; Spouse, Parent or child to be the member of the association however every flat /apartment / unit can have only one membership with the association.
7.1.2 Each flat/apartment/unit shall be entitled to have only one membership represented / authorised as per clause 7.1.1. by its owner by virtue of registered sale or conveyance deed. In the event of any flat/ apartment/ unit is jointly owned by more than one person, all the joint owners shall nominate any one of the joint owner to be the member of the Association and shall give declaration in the prescribed form of the Association. In the event of minor being the owner of any flat/ apartment/unit, his or her natural guardian or in their absence legal guardian of the minor shall get membership for and on behalf of such minor by providing declaration in the prescribed form of the Association. In the event of demise of any Member, his/her successor who succeeds to the flat/ apartment/unit owned by such member as per law would be entitled to become the Member of the Association and in the event of there being more than one successors, one of the joint successor shall alone be entitled to becomes member of the Association in place of the deceased member and joint successors are bound and obligated to nominate of the joint successor to be the Member of the Association in the prescribed form of the Association.
“Members” means an owner of the flat/apartment/unit admitted as a member of the Association and who is entered on the Rolls of the Association as such.
Each member of the association gets only one vote.
LAND OWNERS FLATS ARE NOT INDIVIDUALLY REGISTERED, COLLECTIVELY REGISTERED AS PART OF CONSTRUCTION AGREEMENT, now does the land owner have multiple membership or only one membership, they are ultimately going to sell all of their share.
Rajendra K Goyal
(Expert) 06 October 2016
You can go through above provisions and can decide:
Whether Flat is unit for vote?
Can one person have more than one unit?
Can he claim membership for each flat?
Rajendra K Goyal
(Expert) 06 October 2016
Association should not be concerned whether who pays the maintenance, owner or the tenant, if no arrears, voting should be allowed for the flat.
Kumar Doab
(Expert) 06 October 2016
Apparently it is One Vote for One Unit.
