Voting rights in an apartment society

Guest (Querist) 21 March 2012 This query is : Resolved
a)In the temporary absence of an owner can the spouse cast vote during general Body Meeting to elect executive members?
b) Can a parent represent the owner and cast vote during GBM?
C) Can a spouse or a parent be elected as one of the office bearer?
d) Can a tenant vote as proxy for the owner?
e) Can one Resident owner cast votes for several owners who have rented their Flats as proxy during a general body meeting?
f) Who is to conduct the election if most of the present office bearers are in the fray?
g) To whom one can address for redressal in the event above at Secunderabad? Does the Registrar of Societies AP has the power vested with it to undo the proceedings?

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ajay sethi (Expert) 21 March 2012
what are the facts of your case?

spouse cannot vote in absence of owner unless she is an associate member or co owner of flat. similarly parent cannot do so unless he is a co owner or an associate meber nor be elected as office bearer

Guest (Querist) 21 March 2012
The Facts:-
In 2000 I booked a 3BHK Flat in a proposed 20 Flats apartment(10x 3BHK &10 x 2BHKs).Flats were ready for occupation in july 2002. Due to exigencies in service I could not come personally and gave GPA to my brother-in-Law.H/T was done in Nov 2002. Wood works taken up and by 2003 it was ready. Money in four installments by the HDFC Pvt Ltd was credited to the builder in time.In between I could come for once in 2003 and raised objection about the car park allotted to me. It was the smallest with two vertical pillar restricting the space barely to 7 feet width and appx 10 feet deep. Others had spacious car parks and there were sufficient vacant spaces.
The builder had constructed 25 flats instead of approved 20 and had handed over the apartment to an adhoc committee which had been formed with 7 owners members/ their spouses(including parent).
My visit was short and I met the adhoc committee along with my brother-in-law(who had raised the point during occupation with the builder. Builder had then assured amicable solution to the problem). The President of the adhoc committee took a position that it was decided by the builder and the committee had nothing to do in it.
The builder whom I met then said that allotment had been done by the committee in concurrence with the resident/non-resident owners and the car park roster is with the committee. He will however spk to them and do something.As I was to serve till Jan 2009 and not expected to occupy physically earlier than Dec 2007 I left the matter to my brother-n-lAW to resolve the issue amicably.
My Brother -in-Law died very young in 2004. Though I visited this station twice but the Flat Kept locked and did not find opportunity to settle the dispute then.
In Dec 2007 I came again to this station as my last leg posting and shifted lock stock & barrel to my new Flat.
With improper parking space my day to day problem became visible and I asked the committee to re-allot a car park to me.It was heeded. Perforce I had to keep my car in somebody else's(who was out of India & the Flat was not rented). The builder did not do anything stating it is now with the committee.
In one of the general body meeting with eight owner members/their representatives I raised the issue and asked them minute it.It was not recorded.The Bye -Law was also not presented before the meeting.I got one copy from the Registrar of the Societies, AP and found that there are founding members who are not even owners.Two of them by this time had sold their Flats and hence not eligible, One is the spouse of the owner & another is the father , the owner is not staying.Now I insisted for a amicable solution to my car park problem. But nothing happened. I retired in Feb 2009. In May 2009 instead a complaint against me was rigged up by the same adhoc committee which was converted into a criminal case by the local police under section 341 & 506.
Ours is a incredible country and I learnt it post retirement in a hard way. Appx 50 chakkars of the local court for the past 3 years the case has been closed in my favour but My car park issue is not resolved. According to the Hon'Ble Magistrate that issue is a civil issue and beyond the purview of the Cr Court.
Before I fight the case I need to engage people who are not owner members but not only holding executive posts but also officially casting proxy votes for those non-resident owners whose flats are rented. Tenants as per the Bye Law are not eligible to take part in the meetings .
This is the fact . Pl advice me the best legal option.

ajay sethi (Expert) 21 March 2012
please note that as per supreme court judgement builder has no powers to sell parking slots . if builder ahs done it the society can cancel the allotments made by builder and allot parking slots to members .

if society is not alloting you suitable parking slot and AGm is not taking actoion as per law you cna move cooperative court against society

Guest (Querist) 01 June 2012
Present Executive committee is consisting of spouses, parents who are not co-owners.They are not ready to yield. What is the co-operative Court? Where it is located at Hyderabad/ secunderabad. My apts comes under Malkajgiri/ Ranga Reddy Distt.What should be my approach?

Voting rights in an apartment society

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