1. Evoting can be implemented ONLY via amendment to the RWA bye-laws, by following due procedure of law.
2. To the exception of physical voting and Evoting, all other methods are legally not tenable.
How to implement e-voting for RWA meetings?
I am part of an owners association in an apartment in Bangalore with owners scattered widely. This results in many decisions being taken on the basis of a small number of resident owners during AGMs. We would like to implement e-voting to make the decision-making more inclusive. 1. Is such e-voting valid in RWAs under the Karnataka Apartment Owners Act 1972? 2. If yes, is the e-voting facility in platforms like Apartment Adda valid? 3. Since all members may not be comfortable with online platforms like Adda, can we instead use responses received from registered email ids of owners as valid for voting? Thank you, VM
Asked 6 years ago in Property Law
Religion: Other
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8 Answers
Yes,
You can use any easy mode of voting, or through e mail. But prescribe procedure should be pass by resolution in AGM.
members have to remain physically present to vote
2) there must be clause in your bye laws which permit e voting . then only can you permit e voting
3) responses received from registered emails would be valid if your bye laws permit you to do so
physically presence is mandatory for you to vote in an RWA election. .
E-voting is not authorized but the you can file an application to the registrar and if all the members have no objection can proceed with the same by passing resolution. But there may be chances of hacking and false allegations for the same
E voting is not valid in RWAs under KAOA. You have to make amendment in Bye laws of your association which permits evoting.
Voting through Email can also be valid if amendment regarding Email voting is accepted in AGM.
Any such decision is to be taken by the association in a meeting by passing a resolution passed by majority members.
Whether it would be recognised by the registrar of societies or not is to be confirmed.
In my opinion there is no such provision for e-voting in the law under KAOA.
The decision regarding this can be taken by the association in a meeting however they may have to obtain permission from the registrar of cooperative societies for this.
- As per the information mentioned in the present query, makes it clear that you have a brilliant idea to avoid any type of miscommunication between all the members.
- But, at the sam time you need to guide others in way that they would understand the need of this so that they can participate in each and every decision.
- Please circulate a notice inviting consents for the same and only then proceed to implement as no law forbid you to execute the same idea.