• Under the KOA law how many votes can a builder cast in a RWA elections

Hi,

We have an RWA elections coming. Our association is formed under the KOA 1972 act. The builder has some 50 unsold flats in his name. How many votes can the builder cast? Is it 1 or 50?

The property is based in Bangalore
Asked 6 years ago in Property Law
Religion: Hindu

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7 Answers

Builder would have have one vote and not 50 votes 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

Dear Cleint,

No member of any society shall have more than one vote in its affairs; and every powers of right to vote shall be exercised personally, and not by proxy.

One flat, one vote applies to situation when member holding multiple flats are occupied by family of member.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Only if unsold flats are registered in their names they will get one vote per flat. Otherwise they are not owners.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Voting will be one only

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

There shall be only one vote per member.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The builder can be a member of the association since he has flats in his name.

However if all the unsold  flats are in a single name then that person is entitled to cast a single vote only in the RWA elections.

 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Dear

The builder can cast only one vote in the election of association and not equal to no of unsold flats. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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