• Association elections

Sir just wanted to ask whether Landowner who is having 19 flats in a apartment having rights to vote for 19 flats or he can vote only time.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Yes he can right over the property as well as vote in terms of Association byelaw. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

It is depends on own constitution and by laws of the society.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

The principle is one flat one vote

2) Section 27 of the Maharashtra Co-operative Societies Act 1960 Act clearly provides for one vote per member.

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

It is depending upon the bylaws of the apartment associations. If each flat as one voting right in that case 19 flats owner have 19 voting right. if bylaws say irrespective of the flats one voting right for a single owner.

Pls check the bylaws of your apartment society

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

In a resident welfare society election every flat owner can vote one time for each flat if you are holding 19 flats and paid membership for 19 flats then you can vote 19 time to the candidate of your choice.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Yes, his voting right is commensurate to the number of flats owned by him.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Sir if the bylaws specifies vote per flat then you can vote for 19 times .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The rule under section 27 of Maharashtra cooperative society act specifies that one member shall cast only one vote.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi

Need to see bye laws. In standard one person one vote.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

As per Supreme Court One Flat on vote but this applies where no rule in co operative society act.

And as per sec 20 of THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959

-- No member of a society shall have more than one vote in the general meeting or in the

election of the members of the committee of the co-operative society.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

He has rights to vote for only one flat that he uses.

The other flats are kept for the purpose of sale hence legally he cannot claim any voting rights on the basis of vacant flats which are likely to be sold subsequently.

The association may pass a resolution barring the land owner to exercise his rights on the basis of vacant flats held in his possession.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

It all depends upon what is mentioned in bye laws.

Even if the owner has more than one flat, he has only one vote as per surpreme court judgment..

The law is silent on this aspect.

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One flat, one vote, rules SC

If your local document tries to override the mandatory requirements, the Act prevails.

Combining two individual flats requires prior approval of the managing committee .

Except above the combined flats are same is two separate units for all purposes.

Voting right is not having any direct relation with the flat. Acquiring a Flat from Builder or from an existing member (the transferor) is one of the conditions of getting membership of the cooperative housing society

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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