NOps,

Only through POA/authority letter given by father, can attend meeting, which is also restricted in some states.

Only person in whose name the flat is can stand for elections to the managing committee 

Yes only if he is an associate member of the society he can do the same

Dear Sir,

The following information may kindly be read:

Electing the Managing Committee of the association

First the general meeting of members elects the Managing Committee of the association. Only one member from a family can be a member of the Managing Committee and no office bearer of the Managing Committee can continue to be an office bearer of the Managing Committee for more than five terms with not more than two terms consecutively. Elections of all the members of the Managing Committee shall be held once in two years. The meeting of the Managing Committee meets at least once in 30 days at the Office of the Association. Special meetings of the Managing Committee shall also be called on written request with at least 50 per cent of members of the association stating clearly the purpose of the meeting.

Procedure for election of members of the Managing Committee

The first general meeting of members of the apartment owners association elects the Managing Committee typically composed of a President, a Vice President, a Secretary, a Treasurer (together known as the Executive Committee) and 8 other members. Elections of all the members of the Managing Committee shall be held once in two years. The term of office will commence from the date of the Annual General Meeting date till the next Management Committee takes charge. Following is the procedure for the election of members of the Managing Committee.

• 
  
  Appointment of Election Officer: The Election Officer or Returning Officer would be elected in the Annual General Meeting one year before the Managing Committee gets dissolved. The election officer shall have the powers and responsibility to conduct the elections.

• 
  Publication of the list of members: It is the duty of the election officer to prepare the list of members in the Association and publish the list of members on the notice board in the registered office of the Association.It is the duty of the election officer to prepare the list of members in the Association and publish the list of members on the notice board in the registered office of the Association.

• 
  Nomination from members: The Election Officer invites nomination for the Managing Committee from members of the association. If an association member is in arrears of maintenance or contribution to any common expense, he/she shall not be eligible to contest the election.

• 
  Scrutiny of Nominees: After receiving nomination from members of association, all nominations received are scrutinized and shall be placed in a sealed envelope and handover to the Election Officer by Secretary.

• 
  Election Program: Not less than 90 days before the expiry of the term of the existing Managing Committee shall the said Committee prepare the election program. The Election Officer will draw the program accordingly so that his report including election results can be placed before the Annual General Meeting. The Election program shall formally be notified by the Election Officer.

• 
  Date of voting: Date, time and place for voting etc shall formally be notified by the Election Officer. Voting shall be by raising of hands or by secret ballot, as the case may be. The Election Officer will draw the program accordingly so that his report including election results can be placed before the Annual General Meeting.time and place for voting etc shall formally be notified by the Election Officer. Voting shall be by raising of hands or by secret ballot as the case may be. The Election Officer will draw program accordingly so that his report including election results can be placed before the Annual General Meeting.

• 
  Handover of Office and accounts: The date of voting shall synchronize with the date of the Annual General Meeting which will be within a week after the elections. The Election Officer would, after the elections, invite the elected members and President of the Managing Committee to take office. The outgoing Managing Committee would have the responsibility to complete all accounting procedures and finalize the accounts within the date of remission of office. He would also get all the elected members of the Managing Committee, including the President to sign a Code of Conduct which would guide their actions during their term.

The outgoing Managing Committee would have the responsibility to get the accounts audited within the next three months after remitting office. If after two years of the term of the Managing Committee, the new committee is not elected, the Board of Trustees would create a Caretaker Committee (CTC). The CTC would not have any financial decision making capacity other than carrying out routine expenditures.

Generally, it is not allowed, but if the bye laws of the society permit it, you can contest elections of the executive committee of the society 

He he does not have any rights to elect the association election. any other association member can to objection against it.

Dear Client,

If it is mentioned in the rules of the society that a non-owner may be elected then it is possible. 

only flat owner can stand for election. 

its totally depends on society bye laws. 

Yes he can contest the same

Association can also be formed under The Karnataka Apartment Owners Association Act – 1972. Documents to be produced include the certified building plan of the building as-built and proof of the property being registered under the Registration Act  – 1908.

What are the various roles in the Apartment Owners Association?

The Member: Every owner of the apartment complex is a member of the Association. In case of joint ownership, the first person named in the title document is typically the member. No person who is not an owner of an apartment in the complex can be a member of the association.

The Associate Member: Any person, or persons, other than the owner, who is wholly residing, occupying or otherwise in lawful possession of any apartment in complex becomes an Associate member of the association. The Associate member pays maintenance charges to use common facilities, but does not have right to vote, unless authorized by the owner of the flat in writing.

The General Body (GB): All members of the association form the General Body – this is the supreme authority of the Association. The GB may alter, rescind, add, or amend the bye-laws, with the approval and consent of at least 13 members voting in general body. All members of the association are bound by the bye-laws. The decision of the GB is binding on all members.

The Management Committee (MC): A board of members elected by and from the GB, that represents the Association before all government and other official or non official bodies in all matters concerning the building and other rights and interests of the members. The MC is typically composed of a President, a Vice President, a Secretary, a Treasurer (together known as the Executive Committee) and 8 other members. The period of office of the elected members is typically 12 months. Such members are eligible for re-election for another term. The work of the MC is reviewed by the GB at the annual general body meeting or any other meeting.

As a member, what are my duties and rights?

Duties: Attend all General Body meetings, pay the dues decided by the General Body in a timely manner, abide by the Bye-Laws

Rights: Vote in the elections – each member, irrespective of the apartment type & size has a single vote at Annual General Body Meeting or in any other official meeting, elections, of the association. Should a member have ownership of more than one apartment, the number of votes shall be in proportion to the number of apartments owned. The member has a right to authorize a proxy to vote in his absence.
Each member of the association has the right to inspect all records, books of accounts of the association with 3 days prior notice to the Management Committee.

The candidate, if an associate member, should be able to produce a no objection certificate from the original member to confirm his candidacy. 

Who can be nominated as a candidate in the election in apartment complexes? 

• The candidate must be 18 years and above.
• The candidate must be a resident of the housing society or apartment complex.
• The candidate must clear his dues to the society or complex within three months of nomination. However, under special circumstances a defaulter can be allowed to stand for the elections.
• Previous committee members are eligible for re-election.
• The candidate must not be convicted of immoral activities for at least six years prior to filing the nomination. An elected candidate stands the risk of being disqualified as a management committee member, if such a conviction is issued after the elections.
• The candidate, if an associate member, should be able to produce a no objection certificate from the original member to confirm his candidacy. 
• The candidate should not be found to flout the provisions of the bye laws or the laws of the state governing apartment complexes or housing societies.

Disqualification for membership of the committee.- (1) No person shall be eligible for being elected or appointed or continued as a member of the managing committee of society 

he is in default to that society or any other co-operative society in
1
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(b) he is interested directly or indirectly in any contract made with such co- operative society or in the sale or purchase made by such co-operative society privately or in auction or in any contract or transaction of the co-operative society (other than investment and borrowing) involving financial interests in that contract,
58
respect of any dues from him as borrower;]
1
sale, purchase or transaction; 11
(c) [he or any of his near relation carries] on a business of the kind carried on by such co-operative society or by a co-operative society of which such co- operative society is a member;
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1
[Provided that if any question arises as to whether any person is near
relation or not, the case shall be decided by the Registrar and his decision shall be 1
final.]
1. Inserted by Act 25 of 1998 w.e.f. 15.08.1998.
(d) he is employed as legal practitioner on behalf of such co-operative society or accepts employment as legal practitioner against such co-operative society;
(e) he is a paid employee of such co-operative society or of its financing bank;
11 [x x x]
1. Inserted by Act 5 of 1984 w.e.f. 09.01.1984 and Omitted by Act 24 of 2001 w.e.f. 05.09.2001.
(f) he is a near relation of a paid employee of such co-operative society. 122
[Explanation.—For the purpose of [this clause and clause (c)] ‘near relation’ means,—
(i) husband, wife and unmarried daughter;
(ii) father, mother, undivided son, undivided brother and unmarried sister; and
(iii) such other relations as may be prescribed to be a near relation. 

g) he was a paid employee of a co-operative society and was dismissed, removed or compulsorily retired from service of a co-operative society;
(h) he is disqualified to be a member of the society or to vote as such member;
(i) he has been convicted for an offence punishable under section 153A or section 171E or section 171F or sub-section (2) or sub-section (3) of section 505 of the Penal Code, 1860 (Central Act 45 of 1860) or under section 39J or clause (b) of sub-section (2) of section 39K of this Act, unless a period of six years has elapsed from the date of such conviction;
(j) he has been convicted by a Court in India for any offence and sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed from the date of his release;
(k) he is found guilty of corrupt practice within the meaning of section 39C unless a period of six years has elapsed from the date on which he was found guilty;
(l) he has failed to remit to any co-operative society any amount (other than a loan) retained by him in contravention of the provisions of this Act, rules or bye- laws;
(m) he is a representative of a co-operative society which is in default to a financing bank or to any co-operative society in respect of any dues by the co- operative society which he represents, for a continuous period of one year:
Provided that the disqualification under this clause for being continued as a member of the committee shall apply to a co-operative society which has defaulted in payment of an amount exceeding thirty percent of such dues;
(n) he was a member of the committee which failed to make arrangement for

es (g) to (n) inserted by Act 25 of 1998 w.e.f. 15.08.1998.
1
[(o) he, is in the Committee of a District Central Society or a Federal Society
or an Apex Society as a representative of a Co-operative Society; and,-
(i) he ceases to be a member of the primary or secondary society which he represents; or
(ii) the society which nominated him as a representative withdraws his nomination; 

The Apartment Act to not provide any provision for the outsider as well as those names appearing as the second name in the registration documents of the apartment Tu To contest the election of the resident welfare Association however there are certain judgements of the high courts which allowed the second owner of the apartment vote in the resident welfare Association election but as your name is not appearing in registration document you will not be able to contest the election

Dear Sir

How is an Apartment Owners Association (referred to as the ‘Association’ hereafter) formed in Bangalore?

The Association is formed by 7 or more owners group in the Apartment Complex approaching the Registrar of Societies together and make an application that:

1. Says that they desire to form themselves in to a society under Karnataka Societies Registration Act 1960.
   
2. Encloses a memorandum with following details: desired name of the Association, aims and objectives of the association, and who in the association will be authorized to correspond with the Registrar of Societies (typically the President of the Association).
3. Encloses the Bye-laws (rules and regulations) of the Association.
4. Encloses the prescribed fee.

All applicants sign on the application, along with a witness’ signature and Voila! an Association is born.

Note: The Association can also be formed under The Karnataka Apartment Owners Association Act – 1972. Documents to be produced include the certified building plan of the building as-built and proof of the property being registered under the Registration Act  – 1908.

What are the various roles in the Apartment Owners Association?

The Member: Every owner of the apartment complex is a member of the Association. In case of joint ownership, the first person named in the title document is typically the member. No person who is not an owner of an apartment in the complex can be a member of the association.

The Associate Member: Any person, or persons, other than the owner, who is wholly residing, occupying or otherwise in lawful possession of any apartment in complex becomes an Associate member of the association. The Associate member pays maintenance charges to use common facilities, but does not have right to vote, unless authorized by the owner of the flat in writing.

The General Body (GB): All members of the association form the General Body – this is the supreme authority of the Association. The GB may alter, rescind, add, or amend the bye-laws, with the approval and consent of at least 13 members voting in general body. All members of the association are bound by the bye-laws. The decision of the GB is binding on all members.

The Management Committee (MC): A board of members elected by and from the GB, that represents the Association before all government and other official or non official bodies in all matters concerning the building and other rights and interests of the members. The MC is typically composed of a President, a Vice President, a Secretary, a Treasurer (together known as the Executive Committee) and 8 other members. The period of office of the elected members is typically 12 months. Such members are eligible for re-election for another term. The work of the MC is reviewed by the GB at the annual general body meeting or any other meeting.

As a member, what are my duties and rights?

Duties: Attend all General Body meetings, pay the dues decided by the General Body in a timely manner, abide by the Bye-Laws
Rights: Vote in the elections – each member, irrespective of the apartment type & size has a single vote at Annual General Body Meeting or in any other official meeting, elections, of the association. Should a member have ownership of more than one apartment, the number of votes shall be in proportion to the number of apartments owned. The member has a right to authorize a proxy to vote in his absence.
Each member of the association has the right to inspect all records, books of accounts of the association with 3 days prior notice to the Management Committee.

What are the duties of the Management Committee?

• Organize, social, cultural and recreational facilities and amenities for the resident, supervise the same and maintain or organize the maintenance of all common areas and amenities thereof.
• Assign the responsibilities for carrying out day to day administration of building and affairs of association to the employees appointed for such purpose
• Represent the members of the Association, in the matter relating to the building or arising in relation to it, with the aim of protecting their rights and interest
• Encourage and promote religious, cultural and educational activities and promote charitable feelings among members.
• Join hand with any other association for common and mutual benefits.
• Open and maintain one or more bank Accounts of the association in the name of the association with any nationalized bank as decided by the committee.
• Ensure that the income monies received by the association are applied in promoting the objectives of the association and are not available for distribution on any account among the members.
• Keep in custody of all original documents connected to the land and building, licences issued by any authorities in relation of the said building or land

What are the duties and powers of the President, Secretary and Treasurer?

President

• The president presides over all the committee meetings and has general control over all the affairs of the association. He/she is the person who can sue with the consent of the general body or defend any legal action against the association on behalf of the association, after taking appropriate legal advice.
• All legal proceedings are instituted and continued or defended by the president. He/she signs all documents and papers and vakalats relating thereto in the name and on behalf of the association.
• The president enters into contracts approved or delegated by the committee.
• In the absence of the president, for any reason whatsoever, the committee may authorize the secretary or the treasurer to sign all such documents, papers etc for and on behalf of the association.

Secretary

The secretary is responsible for the executive administration of the association subject to the control of the committee.

Treasurer

• The treasure has custody of all properties of the association including the funds of the association.
• He/she is empowered to operate the bank accounts of the association jointly, but not severally, with president, or secretary. Any such account operation is only for bonafide and authorized purpose of the association
• The treasurer maintains a petty cash account for meeting the immediate petty expenses.

On the question of alignment of the Apartment Owners’ Association with the Courts of Law, here is a good article from The Hindu, albeit a bit dated. The takeaway from this article: “it is important that the association be held together by close bonds of trust and goodwill. ”

So, go ahead! Elect your new Association Management Committee, and let them assume office with the re-assuring knowledge that by their side is you, and is ADDA*!:)

- As per law, each unit of a housing society has a vote , i.e if you own multiple flats/houses in a society, each of them is liable to get a vote. Even those who default payments are allowed to vote.

- Being the son of a flat owner only, you cannot eilgible for contesting in the election of the society.

- But , Proposers (someone who nominates a candidate) and seconders (someone who supports the nomination) is allowed to nominate and support any number of candidatures.

(A) An individual who is eligible to be the member and who has applied for membership of the Society in the prescribed form, may be admitted as member by the committee on complying with the following conditions: 
(i) he has fully paid the value of at least ten shares of the society, along with his application for membership; 
(ii) he has paid the entrance fee of Rs.100/-, along with the application for membership; 
(iii) he has given the application in a prescribed form as prescribed the particulars in regard to any house, plot or flat owned by him or by any of the members of his family, anywhere in the area of operation of the society; 
(iv) he has given an undertaking in the prescribed form to the effect that he shall use the flat for the purpose for which it was purchased by him; 
(v) he has furnished undertaking in the prescribed form, if he has no independent source of income: 
(vi) he has sent, along with the application for membership of the society, a certified copy of the agreement, duly stamped entered into by him with the Promoter (Builder) or transferor under Section 4 of the Ownership Flats Act, 1963 
(viii) he has furnished such other undertakings/declarations, in the prescribed forms as are required under any law for the time being in force and such other information as is required under the bye-laws of the society along with the application for membership. 

Original Member who owns the flat or An Associate Member (a person with joint ownership with  a No-Objection Certificate from original member.

It may not be permitted to contest the elections of ther RWA by a non-member.

Just because he is the son of the owner will not confer any rights on him to contest any such election.

t is mandatory for all owners of the apartment to become members of the association. On becoming a member of the association, each apartment owner shall receive a copy of the bye law of the association.

 If the apartment owner is a firm or company, membership of association shall stand in the name of the firm or company and the person authorized by the firm or company shall be entitled to vote and attend meetings on behalf of the company. In case of Joint ownership, the membership of association shall stand in the joint names but the person whose name stands first in the sale deed shall alone be entitled to vote.

The first general meeting of members of the apartment owners association elects the Managing Committee typically composed of a President, a Vice President, a Secretary, a Treasurer (together known as the Executive Committee) and 8 other members. Elections of all the members of the Managing Committee shall be held once in two years. The term of office will commence from the date of the Annual General Meeting date till the next Management Committee takes charge.