1) only flat owners can vote
2) no nominee can vote
3) you can check the bye laws adopted by society
Whether appointment of EO is necessary or not
4) also check with registrar of societies
5) NRI owner cannot give proxy
Election of Executive Committee of Flat Owners Association in TN
1. Our Association was Registered on 21-7-2014 under TN Soceities Registration Act 1975 by the Builder 2. The Registration was not renewed for 5years. No Annual General Body Meeting was convened by the association.A General Body Meeting was convened by the builder and conducted the election of new body on 8-12-2019. In March 2020 the present EC paid the requisite fees for renewal with penalty for the period 2014-2109. The renewal fee yet to be pais by the EC till date. The EC convened a first AGM on 29.11.20 to Elect a new Executive Committee for the next year. Till now the administration is under the control of the builder onle. The premises and administration has not handed over to the association. In the AGM on 29-11-20 wiothout apponting an election officer the President read out the process and Election dates. Their tenure expires on 07-12-20. Kindly give your opinion whether 1. Appointment of an Election Officer is necessary or not. The EC says it is not necessary and going head with process of election to be held on 20.12.20 2.Who will appoint the Election Officer. 3.Since the renewal of the association for 2019-20 is not done, whether the EC is having authority to conduct the election and its notification for the election is legally valid. 4.Can a member or a nominee can be allowed to exercise more than one proxy vote . How an NRI owner can give proxy. 5. Whether Register of Owners as members of the Association is mandatory. Till now no owners have been admitted as members and no register has been maintained
Asked 4 years ago in Property Law
Religion: Hindu
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5 Answers
Whether an elected Executive committee has any legal status even though the association has not been renewed for five years since its Registration.
Asked 4 years ago
In case the Registration Certificate is not renewed within one year from the expiration of the period of validity of the certificate as above, the Society becomes an unregistered Society
1. Generally, the association is a group of members elected by the society residents. Once elected, the RWA has to register under the Societies Registration Act, 1860 and is governed by constitutional documents such as Memorandum of Association that encapsulates their functions and objectives.
The tenure of a management committee is 5 years. Ideally, elections are to be held on or before the completion of tenure of the preceding management committee. A special General Body Meeting is held to announce the results of the election.
During handover from builder to residents of any apartment complex or housing society, the Chief Builder or Promoter is liable to conduct a general meeting of all residents/tenants and constitute a provisional body of administrators. This body stays in power till the time a proper election in apartment complex is conducted to democratically choose the members of the management committee. The onus to craft detailed election procedure rests on the management committee. They are in turn, liable to inform every resident/tenant of the electoral rules. Election procedures are a significant segment in Association bye laws.
2. A Returning Officer, who is bound to be an unbiased third party with no involvement in the elections, must be appointed to ensure transparency in the elections and adherence to the rules and regulations of the election.
3. The tenure of a management committee is 5 years. Ideally, elections are to be held on or before the completion of tenure of the preceding management committee.
4. A NRI can give an authorisation letter to his deputy to cast the vote on his behalf.
Clean, free and fair elections are vital to the society’s health. It is necessary to give every resident in the society to take up the responsibilities of the premises of their residence. It is important to understand the value of being a proactive resident. Initiative must be taken to contest management committee elections.
Every resident, owner or tenant, eligible for voting must be acquainted with the rules and regulations governing the election.
5. Generally, the association is a group of members elected by the society residents. Once elected, the RWA has to register under the Societies Registration Act, 1860 and is governed by constitutional documents such as Memorandum of Association that encapsulates their functions and objectives.
- are voluntary associations made by residents and they don’t have any statutory powers. For example, a Resident Welfare Association cannot really impact your right to hold or exercise rights over the property you own and will have its powers restricted to the contribution of sums for maintenance, the organization of workshops and cultural functions etc.
- As societies, Resident Welfare Associations (RWAs) also pass their own rules and regulations to define their powers, functions, governance structure, names of dignitaries etc.
The government has framed specimen MOA rules and regulations for Resident Welfare Associations. The government may also issue guidelines to these RWAs, which was to promote broad-based civic participation in local governance.
Once in the month of April every year, a list of the office-bearers and members of the governing body of the society is to be filed with the Registrar of Societies, as required under section 4 of the Societies Registration Act, 1860.
1. You can approach the deputy registrar’s office , and the deputy registrar can appoint an administrative officer to run the affairs of the society till fresh elections are conducted, , and to appoint the Election officer
2. Deputy register
3. Yes
4. Yes , mandatory
