• Can builder of apartment and landlord become President or VP?

Without giving election notice to all the members of the apartment will the Builder and the landlord can get declare themselves as President and Vice President of Apartment association unilaterally ?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

Notice had to be given to all members of association to elect new managing committee

2) MC elected would elect chairman , secretary , treasurer of the association

3) builder and landlord cannot declare themselves as President and VP unilaterally

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

1. Formation of every association of boyd of persons must be made as per democratic process.

2.The formation of apartment association must be made as per terms of the Law/regulation governing the sid field.

3. So if there is no such compliance it can be set aside by court.

4. If it is not made as per governing law/regulations then it has no legal validity and the flat owners can form a fresh valid association.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

In formation of RWA the voting of allottes are required.. Without due procedure if it is formed it's a invalid association

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

That should not be done usually, you should consult a local lawyer and file a complaint with regards to this with the registrar and request the registrar to appoint an administrator for the society.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

1. Notice has to be given to all the members for election to elect the executive committee.

2. It is illegal on the part of the builder and landlord to elect themselves as President and Vice President unilaterally,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

The builder or landlord, even if they are member, are bound by the rules in this regard.

They cannot take law into their hands in this regard,

They also have to follow the rules of elections and get officially elected otherwise this can be disputed and a representation before the registrar of cooperative society may be made to cancel their posts and to conduct an election under their supervision or through a body they may nominate.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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