If all the flats are sold by builder then it should take consent of more than 50% of flat owners. And for voting rights you both of have mother and son, to vote or not to vote sole discrimination.
Can builder hand over maitenance operations to association and association can be resigtered without cosent of 50 % of flat owner ? In our. Apartment of size 1200 owners. Few 12 owner took the handover without taking. Majority cosent . Is. It. Valid ? Can rest of. The owner contrst ? Can rest of the owners form another association ? In my case my flat. Registered in my name and my mothers name ... Can anyone myself or my mother vote ? Who. Will vote myself or. My mothrr. Must be our. Family matters correct ?
If all the flats are sold by builder then it should take consent of more than 50% of flat owners. And for voting rights you both of have mother and son, to vote or not to vote sole discrimination.
Any 7 members can register apartment association but if majority memebrs agsisnt it, can propose dissolution of association and conduct fresh elections.
Memerbs can form separate association.
One flat one vote. In joint ownerhsip, primary owner can vote and second co owner can vote in the absence of primary owner.
yes he can, no consent is required no registration is required .
if you have any problem then you can make complaint to RERA on the official website you can do it yourself no lawyer is required.
1. There CANNOT be two different associations registered in one single layout.
2. Person named first in the agreement is entitled to vote. IF first person is not available, THEN second person shall vote.
3. Handover by Builder, is possible only to duly delegated Committee members by General Body.
4. For grievances, complaint to Registering authority or consumer court.
You have right to vote and in your absence your mother can vote if authorised by you in writing
2) for handing over maintenance builder has to call AGM of all flat owners submit audited accounts get it approved and then hand over maintenance to association
Hi
Is their association registered?
If yes then how and when did they get it registered without the consent of other members.
If no then they are no one or not any valid association.
Go for getting a registered association.
Owners are ypu both, are you both members of society..
If yes then both of you can vote otherwise anyone of you can vote.
Thanks
- Yes, the builder can handover maintenance operation to association .
- But , the apartment owners cannot form an Association without the consent of minimum 60% of owners , and apply to sub-registrar for registration of apartment owners association.
- Hence, 12 owners cannot form the association and registered the same with the Registrar , and further it is not valid association legally.
- As per law, The person whose name stands first in the share certificate shall have right to vote or contest the election, and further in his absence, the person who stands seconds has right to vote or contest the elections.
You can oppose the association and file complain before dy registrar to conduct election or adhoc committee till election to form a valid association
Dear sir,
The owner association is formed for all the owners and not for only a few owners. The left over owners can form oppose and ask for the association. The vote will be given by the person on whose name the occupation certificate issued i.e. owner of the certificate.
The builder can handover the maintenance to the association which has been formed and claimed in the absence of any rival association.
The members will join the present association or may form a new association with majority members and can get it registered so that the previous association will be dissolved automatically.
In the jointly owned property, if your mother name appears as first owner and your name appears subsequently then your mother may have the rights to vote however you can fill up the application accordinlgy specifying that you are the first owner hence the share certificate can be issued to your name.
01. Builder responsibility to form the association by assembling the owners.
02. As per societies act, Association formed with 7 or more owners. But as and when new owners comes in, they have to made as members of this association.
03. If you want to start another one, then it is good for builder not for either of owners.
my best advise is that join the existing association and elect the representatives democratically.
regarding representing association, any one of the joint owner can become member of the association by obtaining No objection letter from other owner.
1. Yes builder can handover the maintenance operation to association.
2. Association can be formed by 7 or more owners in the apartment complex by approaching registrar of societies.
3. Yes separate association can be formed but it can create dispute between associations with in one resident complex.
4. Yes one owner whose name is registered as first owner can vote as member in association.
Before Handing over of the Maintenance by Builder has to call meeting (AGM), he has to submit audited accounts and after getting the same approved in the said meeting, has to hand over the maintenance to the Association.
You have right to vote. Either of you can vote.
You can oppose the formation of another association, you can lodge complaint with the registrar.
No, unless and until the Society is registered as per the provisions of Cooperative Societies Act, the committee cannot be formed and if the managing committee itself is not formed then they cannot take any decisions.
it's one flat, one vote either you Or your mother can vote.
Hello,
There will be only one association in a apartment, however you can file your objection with the department concerned who grant licence to this associations.
Regards