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.

Reply Follow

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.