• Voting rights

We are a gated community having only Villa plots. The resident association is registered with the Dy.Registrar of Societies and Societies Registrar Ramamnagaram, Karnataka As per Karnataka KSRA 1960,
What is law or rules for
1. Developer has paid one membership fee of Rs 1100/- for the 200 sites that remain unsold out of the 1500 sites in the gated community. Can he claim 200 votes in any voting process either for elections of office bearers or for Amendment to Rules of Articles of Association.
2. A member has paid one membership fee of Rs 1100/- for 3 sites he owns. Can he claim 3 votes in any voting process either for elections of office bearers or for Amendment to Rules of Articles of Association. 
3. Can the Voting for Office Bearers, be by email where the member has to reveal his name and other details Or should it be by Secret Ballot.
4. Is the developer exempt form paying Annual Maintenance Charges for his unsold sites.
4. A SGM approved and voted for change in some Bye Laws. Will just informing the Registrar be sufficient condition to incorporate the new Bye Law in the Articles of Association.
Asked 3 years ago in Consumer Law

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8 Answers

Builder can claim one vote 

 

2) member has only one vote for 3 sites owned by him 

 

3) voting cannot be by email it has to be by secret ballot 

 

4) amendments have to be approved by registrar 

 

5) mere informing registrar is not sufficient 

Ajay Sethi
Advocate, Mumbai
97427 Answers
7872 Consultations

1.  The bylaws of the association would be very clear about the voting rights of the individual members of the association. 

The developer  becomes as individual as far as the voting rights are concerned, hence he may avail the privilege on the basis of the sites held in his possession.

2. Same as above.

3. The procedure for conducting election would be decided by the general meeting of the association.

4,. If he is claiming voting rights then he is obliged to pay the maintenance amount also for the flats in his possession.

5. The minutes of the meeting, including the resolution copy signed by all the office bearers and other procedures to implement the change in the bylaws have to submitted to the registrar of societies in the prescribed format by observing the necessary formalities in this regard. 

T Kalaiselvan
Advocate, Vellore
87624 Answers
2352 Consultations

1. No

2. It will be one member one vote. 

3. No

4. No

5. You need to adopt it from the registrar office and get it drafted add sanctioned by dy registrar

Prashant Nayak
Advocate, Mumbai
32806 Answers
209 Consultations

The bylaws define who can be admitted as members  and determine what their voting rights are. The bylaws of your association have to be studied carefully in order to render you proper advice on these issues.

Swaminathan Neelakantan
Advocate, Coimbatore
2955 Answers
20 Consultations

Builder is entitled to one vote only in respect of unsold plots 

Ajay Sethi
Advocate, Mumbai
97427 Answers
7872 Consultations

The developer  becomes as individual as far as the voting rights are concerned, hence he may avail the privilege on the basis of the sites held in his possession.

 If he is claiming voting rights then he is obliged to pay the maintenance amount also for the flats in his possession.

T Kalaiselvan
Advocate, Vellore
87624 Answers
2352 Consultations

No. It's only one vote 

Prashant Nayak
Advocate, Mumbai
32806 Answers
209 Consultations

No, definitely not. Ownership is a basic criterion for membership.

Swaminathan Neelakantan
Advocate, Coimbatore
2955 Answers
20 Consultations

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