Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

krishky LOBO   24 September 2021

Can apartments owners association change library places

Can apartments owners association change library places from the present to a smaller place by polling and without unanimous consent? Be right of the owners of minority on the polling is affected?


 15 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     24 September 2021

In the General Body meeting, the association shall take a decision with the 2/3rds or 3/5ths majority or as mentioned in the bylaws of the society can change the place.
1 Like

krishky LOBO   25 September 2021

Thank you Sir. Will it not affect the rights of those who dissent it?

Dr. J C Vashista (Advocate and Legal Consultant)     25 September 2021

Yes, location of library can be changed as convenient to members. No legal issue /dispute is involved in the facts vis-a-vis query posted for consideration and obligation of experts.

krishky LOBO   25 September 2021

Thanks Sir. Does this require 100% CONSENT of all the owners.. If some owners prefer to dissent, what is the stand and relief to such minority owners...please help.

G.L.N. Prasad (Retired employee.)     25 September 2021

The majority consent has to prevail in a democracy.

krishky LOBO   25 September 2021

Yes, at the same time minority people's rights are also to be protected in a democracy. Any INJUSTICE TO THE MINORITIES is not acceptable. Can I plead for recourse of this. what's the course of remedies for the people who dissent it. thanks.

M V Gupta (Advocate)     25 September 2021

PEOPLE WHO ARE NOT IN FAVOR OF SHIFTING CANNOT OBJECT IF THE MAJORITY MEMBERS VOTE FOR SHIFTING. OBJECTION IF ANY CAN BE ONLY ON TECHNICAL GROUNDS OF DEFECTIVE PROCEDURE ADOPTED BY THE sOCIETY WHILE PLACING THE PROPOSAL TO VOTING.
1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 September 2021

well all above suggessions are good.
1 Like

krishky LOBO   25 September 2021

Thank you Sir, I understand that there's no way for minority people who dissent the move. Voting, can be any time or in the AGM?

P. Venu (Advocate)     25 September 2021

The majority decision is binding so long as there are no malfides involved.

krishky LOBO   25 September 2021

Thank you Sir, I'm clear on this now 🙏

Dr. J C Vashista (Advocate and Legal Consultant)     26 September 2021

I concur advise of experts, majority prevails in society
1 Like

krishky LOBO   26 September 2021

Congrats Dr. J. C. Vashista

Dr. J C Vashista (Advocate and Legal Consultant)     27 September 2021

Thank you very much

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query