The incident belongs to Hyderabad where AP Appartments act is in vogue. As per by-laws of the community, an owner is defined as one who purachesd a flat, one who has a conveyance deed, gift deed /will. Only an owner can become a member of the Owners Welfare association (OWA).In this back ground, certain persons who are close relatives of flat owners had , on the basis of a GPA ( which says they can contest in election/hold posts) executed by actual flat owners had become office bearers of the Executive committee of the (OWA) (2) Recently, some owners had served the Executive committee a letter saying GPA holders read with AP apartment act & Bylaws of the OWA are not eligible to be members of the OWA and there by the Executive committtee (EC) is not valid and as such all the decisions taken by the OWA will be null & Void. On receipt of the Letter, The EC saying , though they don’t subscribe to the GPA eligibility criteria of the letter, resigned saying their efforts are not being recognised and doing a thankless job. Now, the EC wants to hold a GBM for Declaring elections & Selecting Election officers, ratification of some breaches of spending,Passing the accounts of the previous year besides giving secretary ( GPA holder)’S report etc. Now my legal queries are (A) Is the GPA a conveyance deed? (B) Is a GPA holder can become a member of OWA and also an Office bearer. (C) Is the GBM which is going to be held a valid GBM and resolutions taken in such GBM are valid in a court of law, if challenged? (D) Can GPA holders attend the GBM in the capacity of an owner? (E)Can we ask the president who is an apartment owner to conduct the proceedings, including that of relevant to Secreatary, in place of Secretary/JS who are GPA holders. (F) If the body can not hold GBM, what is the way out? Thanks & regards
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Dear Client,
Complain to registrar about irregularity in elections and appointment of office bearer. GPA holders are not entitle to even cast vote or nominate.
NO.
NO.
Resolution will be valid, till committee, itself dissolved by court.
Yes.
Yes,
Complain to sub registrar to take hold of society office till new committee not formed.
Dear sir I have asked 6 questions and it seems answers are for only 5 questions. Secondly,if a GPA holder can not become a member of OWA ( Question (B)), How can the answer for question “D” is Yes?. Request you to kindly give reasoned answers, so that thgy can be applied, if necessary. Registrar means, Registrar of Societies?
1) GPA is not conveyance
2) GPA holder cannot become member of OWA or office bearer
3) resolution would not be valid
4) GPA cannot attend AGM
5)president has to preside AGM
6)administrator can be appointed by registrar on basis of complaints by members who will call for and hold fresh elections
Attending and conducting meeting is different. GPA holder can be proxy on behalf of owner to attend meeting.
And I think your association is registered under KAOA and not KSRA, so Sub Registrar and not Registrar of Societies.
A) No.
B) earlier it was valid but after the latest SC judgement sale transfer of immovable property was barred through gpa.
C) If challenged and set aside by court then it will become invalid.
D) It can be dicey refer my ans for question But
E) the way out is compemtent authority that is dying registrar
1. GPA is not conveyance deed.
2. No as it is not proper instrument of transfer.
3. If orders or resolution passed in GBM are under the law and bye law then they are correct though it can be challanged.
4. No
5. Body has to be reconstituted.
Yes a registrar is registrar of societies complaint before him can be preferred in matter.
A. No, GPA is not a conveyance deed.
B. No, he cannot become a member or an office bearer.
C. The GBM having MC members of GPA category cannot take a decision on this because the GPA members are not authorised to take any decision or even conduct of the GBM, their decision can be challenged in the court of law.
D. No, they cannot.
E. you can, but what will be response because he may also feel pressure from such persons,
F. Yo can take up this matter to the registrar of cooperative societies for dismantling the association and to conduct election to the association afresh by accepting nominations from actual members alone and not from proxies.
Registrar means registrar of cooperative societies.
You may go through the answers given thoroughly to find the answers to your questions.