Flat owner association

Manoharan - (Querist) 17 July 2023 This query is : Resolved
We have purchased a flat in an apartment complex, in which Promoter has sold some flats to a Bank. The bank is utilizing them as quarters for their staff. One of the bank staff residing there is selected by a few residents as President of Flat Owners Association, who has to go on transfer anywhere. Only one fourth of the flat owners are residing and other flats are on rent. The owners there are telling that there is nobody else is willing to become President. As a President he has got cheque signing powers for the Flat Owners Fund. Is it permissible to elect a non owner as President of Flat Owner Association?

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Quick Summary

This discussion explores whether a non-owner, specifically a bank employee residing in staff quarters, can be elected President of a Flat Owners Association. The consensus is that this is generally not permissible, especially if the association is governed by bylaws that require ownership for committee positions like President. While bank employees are considered tenants and have certain rights, they typically cannot vote or hold executive positions within the association. The specific rules depend on the type of society and its governing laws.

kavksatyanarayana (Expert) 17 July 2023
It depends on the terms and conditions mentioned in the society's bylaws. And the majority for the General Body meeting is 2/3rds or 3/5 the members present to the meeting.

T. Kalaiselvan, Advocate (Expert) 17 July 2023
The bank is the owner hence the occupant of the bank owned property can be considered as a tenant in the flat because his HRA is deducted by bank as the accommodation has been provided to him.
Therefore he can be considered as a tenant in this situation.
The tenants have the right to get a copy of bye-law and rules of association. The tenants are the associate members of the apartment association. The tenants have no right to vote or in an association decision making. The tenant should respect their neighbor's privacy and follow the apartment bye-laws.
Tenants cannot become MC members hence the post of president held by the bank employee is not permissible as per bylaws

Dr. J C Vashista (Expert) 18 July 2023
Whether the society is a cooperative society (Managing Committee as provided in your State Cooperative Societies Act) or
Resident's Welfare Association (RWA under Societies Registration Act, 1860)
formed by flat owners association (under provisions of your State Apartment Ownership Act) as different laws apply in both situations ???

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