• Apartment association

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 ?
Asked 2 months ago in Property Law from bangalore, Karnataka
Religion: Hindu

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. 

Ganesh Kadam
Advocate, Pune
9737 Answers
80 Consultations

4.9 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
18625 Answers
22 Consultations

4.6 on 5.0

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.

Atul Shahi
Advocate, Allahabad
159 Answers
1 Consultation

4.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
4370 Answers
23 Consultations

5.0 on 5.0

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 

 

Ajay Sethi
Advocate, Mumbai
74677 Answers
4465 Consultations

5.0 on 5.0

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 

Rahul Jatain
Advocate, Rohtak
2523 Answers
4 Consultations

4.9 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
2637 Answers
35 Consultations

5.0 on 5.0

You can oppose the association and file complain before dy registrar to conduct election or adhoc committee till election to form a valid association

Prashant Nayak
Advocate, Mumbai
18758 Answers
34 Consultations

4.6 on 5.0

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.  

Ganesh Singh
Advocate, NEW DELHI
4489 Answers
9 Consultations

4.5 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
64643 Answers
839 Consultations

5.0 on 5.0

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. 

G Suresh
Advocate, Chennai
394 Answers
4 Consultations

4.9 on 5.0

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.

 

Mohit Kapoor
Advocate, Rohtak
8035 Answers
2 Consultations

5.0 on 5.0

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
1971 Answers
7 Consultations

5.0 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
15648 Answers
8 Consultations

4.5 on 5.0

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

Swarupananda Neogi
Advocate, Kolkata
1636 Answers
4 Consultations

4.7 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there has been an association formed without the consent of the others and as per the provisions of the Societies Act.
  2. I would like to apprise you that the others can very well registered a new association with an application before the society office for cancel of the previous one formed.
  3. Yes, this will be your family matter, but still would advice you to give an affidavit to the association stating you has the right to vote as this will make it more clear as to who has the voting right to avoid any question in future from anyone on the same question of voting right.

Sanjay Baniwal
Advocate, South Delhi
5210 Answers
12 Consultations

5.0 on 5.0

The maintenance has to be taken over by the society eventually. If you do not agree to their views or work culture give a written protest. Your mother has a vote.

Rahul Mishra
Advocate, Lucknow
8037 Answers
15 Consultations

5.0 on 5.0

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