You cannot become a managing committee as you are not owner or co owner of the flat
2) POA holder cannot become s committee member
Dear Sirs, The flat belongs to my brother but he has given me the POA to execute with Society decision I would like to become an Adhoc Committe Member since I am a very Active Member in my building My Chairman is not allowing me to become an Adhoc Committe member as per his CA He also says that there is no such need currently I will exercise my right whatever comes under the normns of Adhoc committe member Please help me to understand this with ur valuable suggestions
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You cannot become a managing committee as you are not owner or co owner of the flat
2) POA holder cannot become s committee member
POA doesn't make you a member of the housings society. Since you aren't a member, there's no question of you being allowed in any of it's committees
On the basis of POA YOU CAN REPRESENT YOUR BROTHER IN THE ASSOCIATION MEETINGS, YOU MAY NOT EVEN BE ELIGIBLE FOR VOTING RIGHTS AS PER BYE LAWS.
You may go through the bye laws of the association before taking any decision on your own about this
Dear Sir,
A general POA gives greater powers to the agent to carry out various responsibilities on behalf of the principal, as detailed in the deed. It is not confined to any specific act relating to a specific subject.
The need to have a POA simplifies decision making in the absence of the true owner thereby minimizing security concerns. Moreover, a POA is an extremely important part of property planning. It is considered convenient and imperative to have another person to act on other’s behalf when there is development in the business and trade transactions.
POA holder can attend AGM but no right to appoint as member of society. IF you were associate member than you could have chances to become member in absence of brother
This is my response to you:
1. What are the terms of the POA? Can you narrate some clauses which empower you to represent your brother?
2. If the POA is not sufficient then ask for an affidavit from your brother;
3. You must also read the bye-laws of the society and try to seek the answers there;
4. Consult a local lawyer and take steps.
You can become an associate member with your brother
however committee members can only be the society members and not their POA holders
POA does not permit you to be a member of the society and neither can you act as a committee on the basis of such POA.
The induction of any new member into Committee would depend upon the bye laws of the society governing the election and induction of members.
So if there is rule for inducting a family member into a committee even if there is POA in his favour , you can not help.
So first you have check whether there is any supporting clause in your favour in the Act , its Rules and regulations and the Bye Laws.
You can complaint to dy registrar against the said committee. You can also file complaint to consumer court
Hello,
Ad hoc committee member is elected through election or nomination?
Is there a vacant post for the said post?
Please elaborate the facts in detail for a concrete advise.
Regards