They cannot t stand for election and be elected as office bearers
only owner can be elected as office bearer of the society
Right to be an office bearer in a residential society
Can a blood relative (Parent/sibling/in-law) who is a non-owner resident in an urban apartment community be allowed to hold office for the resident association for the community? The owner (me) is prepared to give any necessary authorization to the resident so that he is able to contest for office bearer position.
Asked 7 years ago in Property Law
Religion: Hindu
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14 Answers
No
1) Yes, you can give authorized letter to the residents for any further activities on your behalf of association work.
If you are not living with the parent or anybody else you can transfer certain rights to that person. It is completely valid and legal. A conditional power of attorney should be made in their favour.
Regards
1. Only a flat owner can be a member of a society or his immediate family members like wife, children and parents.
2. So refer to the bye laws of the society to find out eligibility of your parent/wife or children.
3. If there is prohibition then even a POA made in his favour is not enough. they can only represent you in the meeting but can not hold the office.
Dear Sir,
It all depends of upon consent of other residents. Secondly you can execute a GPA and say that on your behalf is going contest the election if any to become office bearer. If not allowed take the issue to the State Government through the concerned department and then to the High Court.
1. It depends in which State the saidmproperty is situated. Ordinarily no.
2. In West Bengal only the flat owner can be the member and only the member can hold position in the the Co-Operative Housing Society.
Only owner and his family i.e Wife,Childrens can become an associate member.
He can't hold a committee position but can hold a administration or clerical position
No the owner member can only hold the post.
Dear Sir,
- Section 2 (19) of the Maharashtra Cooperative Societies Act says an associate member jointly holds a share of the society with others, but whose name is not first in the share certificate. Rule 56M of the Maharashtra Cooperative Societies Rules, 1961, and Section 2 (19) (b) of the Maharashtra Cooperative Societies Act, 1960, state an associate member can vote and participate in elections but cannot become an office-bearer of the society where his name appears as an associate member in the society register.
-The amended act specifically states that you have to be the co-owner of the Flat to become an associate member.
The 1st owner gives the NOC by filling the requisite form to allow the 2nd co-owner to become an associate member.
This practice is followed during the elections to the Managing Committee of any society.
Regards
Vivek Arya
office bearer positions can be contested only by society members and not their relatives
The non-owner cannot contest election to the posts that are meant for the owner members only.
A tenant can contest for the posts which are allotted to the tenants alone and not as an office bearer in the owners association.
A non-owner has no rights in the association matters.
- As per the information mentioned in the presnet query, makes it clear that you wish to delegate the authority whic hbhas been vested in you as per the society norms as well as by implied law.
- It is wrong to suggest you that you should do the above mentioned act, as you cannot do this as a matter of right, but limited to the terms and norms of the society law.
- Society office has been set up to look for the society issue, and for the Sam reason only one from within the society can be the office bearer, not any one else.