My Apartment Association in Bangalore registered in Karnataka Society Registration Act 1960. My Flat registered in my brother name currently he is staying in aboard but as a elder brother still I can continue to stay with my parents and my family. Since flat is in my brother name my apartment association informed i can't be association member and not part of Association core committee and subcommittee. Also, they are not answering any of my query including recant increase in maintenance charge stating i am not the owner of the flat and they are not ready to address my query. I like to know whether if owner not staying in flat and their family members are still continuing to stay in the flat whether they will be considered as Owner or Tenant.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Only flat owner can carry on correspondence with society
2) ask your brother to execute POA in your favour
3) you cannot stand for elections to MC
4) if your brother execute a gift deed in your favour For 50 per cent share then you can be associate member
Hello,
You all don't have any rights directly to speak to Society body i.e. working Management committee because none of your family members is joint owner of the flat.
So your rest of the family members will be treated as Tenant.
But here your brother can send a letter to the society via email and ask all question or queries whatsoever you and your family are facing by keeping you in the cc.
And your brother may give a certain rights to act on his behalf in the society for any legal work. That should be given in the writing to the society and they may have to accept this proposal in AGM or SGM.
1. If the owner is not staying in the flat and the owner's brother and his family members are still continuing to stay in the flat, they are considered as tenents only and not as owners.
2. However, if your brother, who is the owner of the flat executes a POA in your favour, then only Association may consider your stance in place of your brother.
Brother can give you POA/authority letter to act on his behalf. Family member can be member of association. If they are not answering your query, you should stop paying MC.
Neither Owner or Tenant but Family.
You can be associate member along with your brother. You can file complaint to dy registrar for the same
1. The relative of the owner residing in the flat can participate in the meeting and get his grievances redressed by the society provided he is authorised as per bye laws of the society.
2. Even in absence of bye laws the relative- occupier is entitled to see that his problem relating common facilities and amenities are met.
3. However participation in meeting of society is restricted to actual owners only in most cases.
Dear Sir,
You are suggested to have an authority letter from the brother stating that in his absence you will be doing all the needful activities in his behalf. Then the association will be bound to do as desired by you.
1. IF Brother is the Title-Owner of Flat, THEN his Family members are entitled to stay in Flat, without any exceptions, whatsoever.
2. However non of the family members shall have any right in the Associations Board of Committee members or to demand any documents etc....
3. However, Brother-Owner can give a registered POA to any of his family members to deal with all routine issues including demanding documents from Association, BUT to the exception of being inside the Committee.
4. However, IF brother makes any of the family member as a PART title-owner of even one percent property, via a Registered Gift Deed, THEN as new co-owner shall have ALL rights, without any exceptions, whatsoever.
- Since, you or your parents are not joint owner of the property , hence as per rule of society , you cannot be association members and gain other facilities.
- However, after getting gift deed of a nominal percentage from your brother , you can avail all the facilities in the absence of him.
The owner of the flat should give an authorisation to his family members to attend the meeting or to vote in the elections to be held in the association.
This authorisation would entitle the representative to raise such queries.
You cannot take liberty in your own in this regard.
Hence the association is right in their action to refuse to divulge the information desired by you from them.
There is nothing like who will be CONSIDERED as owner or tenant. Registered Owner will only be considered as owner.
Get an authority letter in your favour from your brother that he stays out of station and in his absence you will represent him in the matters of society association.
Present this letter to the association office
No person who is not an owner of an apartment in the complex can be a member of the association.
1. The family members staying in flat if owner will not be considered as owner and nor they will be member of society.
2. For this problem the solution is that you should ask your brother to give you special power of attorney to represent him in society to ask questions from committee members on his behalf but you will not get voting rights on his behalf.
As the owner is your brother you are to be considered as an owner. I don't know how are they ignoring you. Ask your brother to talk to the apartment RWA office bearers to extend to you the rights and privileges they would to him. He can make a POA and send it to you.
