• Voting share in housing society for owner having multiple flats

Hello Sir/Madam,

We have 38 flats in one of the Apartment located in Hyderabad, which means that Land Owner has 19 flats and Build has 19 flats.
We as a buyer, bought the flats from builder and currently 15 flats from Builder and 1 flat from Land owner has been sold out.

Which means that below is the Flat share for each :

Land Owner: 18
Builder : 04
Other Owners(Buyers) : 17(each buyer has only one flat registered on his/her name)

Considering majority of the members residing in Apartment we formed the society(under APSRA Act 2001) with the help of Builder.We adopted the bye-laws considering one vote per member irrespective of no. of flats being owned by each owner

The Association is now functional from past one month but we see that land owner not paying maintenance and he is insisting that he will pay maintenance only when he get UDS % share of Votes in the society.And he says he will form another association having 50% of the flats in the apartment, seems he has all the rights to form the association.

1.Could you please help clarifying the whether one "Vote per one person irrespective of no of flats he is owning" is applicable in APSRA Act(which was adopted by Telangana as well)

2.And also if the land owner forms association, will it be legal
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

once cooperative society is formed landowner cannot form separate association

2) could not find any clause in the act which provides one vote irrespective of number of flats owned by person

3) you can refer the dispute to arbitration or apply to district court under section 23 of APSRA act

4)section 23 In the event of any dispute arising among the Committee or the members of the society, in respect of any matter relating to the affairs of the society, any member of the society may proceed with the dispute under the provisions of the Arbitration and Conciliation Act, 1996, (Central Act 26 of 1996) or may file an application in the District Court concerned and the said Court shall after necessary inquiry pass such order as it may deem fit.

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. The bye laws or made as per the circumstance s but within the guidelines of the law governing it.

If the decision to have only one vote per member even if has owning more than one flat, has been taken in a meeting by passing resolution for that, then it is binding on all the members.

The law is silent on this aspect.

2. The land owner, who is having equal flats under his control, may form his own association, which cannot be termed as illegal.

But he cannot retain all the flats without attempting to sell them.

Once they are sold his association cannot remain if the members of that association tilt sides to come to your side.

T Kalaiselvan
Advocate, Vellore
87029 Answers
2337 Consultations

1) land owner is not member of society

2) you cannot disconnect electricity , water connection of the flat residents as it is an essential service

3) judgment cited by you was regarding interpenetration of provisions of Maharashtra cooperative society act

4) in said case bye laws adopted by society provided that member holding more than one flat or membership in the name of his/her family members will be eligible to one vote only.

5) on interpretation of Section 27 of the 1960 Act, opined that each member of the Society is entitled to cast his/her vote despite the definition of 'family' contained in Bye-Law 3(xxv) of the Bye-Laws of the Society.

7) SC held that

14. Section 27 of the 1960 Act is absolutely clear and unambiguous. It does not admit of two meanings. If the literal rule of interpretation is to be applied and there is no reason as to why it should not be, all members of the family who have been admitted to the membership of the Society would be entitled to vote. The bye- law, it would bear repetition to state, cannot prevail over the statutory provision.

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. A flat owner has to fulfill all the formalities to become a member of the association otherwise he will not be entitled for the benefits and the amenities from the association.

2. The land owner is refusing to become member and moreover he cannot become member of all the houses now under him remaining unsold, because it will create extra burden on him

3. The facilities available in the complex may not be extended to his flats stating that it is meant only for the members and not for others.

T Kalaiselvan
Advocate, Vellore
87029 Answers
2337 Consultations

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