• Deadlock in residential association election

Hi,
We are registered resident association operating in Chennai. We are stuck with election where we didn’t get any nominations from the members to contest for the position. We are running out of time as the present team put down their foot and we don’t have new team to takeover. What should be done next?
Asked 7 years ago in Civil Law

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9 Answers

Since members are not willing to stand for elections administrator woukd be appointed for the society

2) he enjoys all powers of MC

3) The remuneration of the Administrator is fixed by the Dy. Registrar. At the end of the tenure of six months the Administrator should hand over the charge either to another Administrator if directed by the Dy. Registrar or he should conduct an election and hand over the charge to the new Managing Committee. All acts done by the Administrator in good faith are binding on the Society irrespective of the amount of the expenses incurred by the Administrator.

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

1. It is not clear under which prevailing law you formed such association.

2. If it was done as per the applicable provision of law then you will have to refer to such local law to take aid to come out of this deadlock.

3. If it was done in ad hoc basis then you can form another association on ad hoc basis only.

4. If no one is ready then the present team can be requested to continue.

5. If the present team is not ready for that then the flat owners will have to be left at the mercy of themselves to take care of common maintenance.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

In absence of any candidate the registrar of the society shall nominate an administrator for the society and the administrator shall receive remuneration from the society funds and shall take all the decisions..

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to approach to the registrar of the societies for the direction in this regard and you may request to appoint a care taker

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Firslty, I advice you to one more time announce as well as paste the invitation for the election on the notice board of the society if any or on any other place whcih quite normal for people to see the same.

Secondly, if then also no body comes then the person desirable if any may give inform the society act office about the same in writing and take over the control.

Thirdly, as this may save that person from any future false allegation about his or her intention.

Fourthly, otherwise if no one then let it be in the same way as st the end someone must be there to control the working of the society.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Please local residents form a Committee of at least 11 members and call a General Meeting of the Association Members in full without which the action will go in vain and keep this motion in the meeting and get approved saying till further orders of the New Committee as and when join in future.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Client,

Where a Board fails to arrange for holding election before the expiry of the term of the Board or delegates or where there are no Directors remaining on the Board, the Registrar shall convene a General Meeting by appointing an Officer of the Cooperative Department for Constitution of the Board within ninety days from the date of such appointment and the officer so appointed shall perform all functions of the Board during the said period of ninety days at the cost of the Society.

Inform the Registrar and before that inform the members - repercussion - not holding election - registrar office will take cahrge - Not good for society.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You have to go by the bylaws of your association in this regard for election of office-bearers. The relevant provisions have to be studied for rendering you a proper opinion.

Swaminathan Neelakantan
Advocate, Coimbatore
3077 Answers
20 Consultations

This situation may be referred with proper explanation of the prevailing circumstances by any representative of the association to the registrar of societies.

In the application for appointment for returning officer and to oversee the election process of the association, you may describe the entire issues and seek their advise for continuing the association

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

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