Raja K S Tanwar (SME) 26 December 2021

Voting rights for socitey elections

Hi All,

Need guidance on voting rights for society / apartment elections

Currently my society is registered under Haryana Apartments Ownership Act but now we are planning for handover. We are two societies A & B under 1 Licence. Society A has already take handover. Now Society part B needs handover. So, need guidance as there are two groups in society B -

1) Want to continue with Apartments Ownership Ace - As per this group voting will be on the basis of area of apartment.

And

2) With Societies Act. - As per them voting will be 1 vote per flat basis.

So can you please advise what will be correct status.

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Quick Summary

This discussion explores the differing voting rights for society elections under the Haryana Apartments Ownership Act and the Societies Act. One group advocates for voting based on apartment area as per the Haryana Apartments Ownership Act, while another prefers a one-vote-per-flat system under the Societies Act. Guidance is sought on which approach is correct, particularly as a society registered under the Haryana Act prepares for handover.

2 Replies

Dr J C Vashista (Advocate) 27 December 2021

You have submitted inter alia, "Want to continue with Apartments Ownership Ace - As per this group voting will be on the basis of area of apartment."

Vague and meaningless statement vis-a-vis query.

And

2) Further your question "....With Societies Act. - As per them voting will be 1 vote per flat basis."

Of course 1 vote for each flat.

Raja K S Tanwar (SME) 27 December 2021

Dear Sir,

It is not a vague statement as in Haryana Apartment Ownership act there is clause of this voting provision. Here is the statement -

CHAPTER II

VOTING QUORUM AND PROXIES

9.voting. –

Voting shall be on a percentage basis, and the percentage of the vote to which the owner is entitled is the percentage assigned to the independent unit or units in the declaration.

10.Quorum. – Except as otherwise provided in these by-laws, the presence in person of a majority of owners shall constitute a quorum

11.Vote to be cast in person. – Votes shall be cast in person.