• Can developer/builder cast vote in AOA elections

I am resident of an apartment complex having over 600 apartments of which over 400 are unsold. Owners have formed an association under KAOA by DOD. Since there are over 400 unsold apartments developer is claiming right to vote in the Association election and cast 400 votes . This would mean the the owners even if all of them vote will not have any say in election of office bearers of association. 

My question is - Does the developer have ownership rights of the unsold apartments in context of the KAOA rules to vote in the association elections.
Asked 3 years ago in Property Law from Bangalore, Karnataka
Religion: Other
1) f there are unsold apartments, the builder/promoter is allowed to represent those unsold apartments

2)water and electricity are essential services and cannot be disconnected by the association .

3) please check the bye laws adopted by the association . there would be a clear provision in this regard 
Ajay Sethi
Advocate, Mumbai
46626 Answers
2757 Consultations

5.0 on 5.0

1. The builder has no right to cast 400 votes. The builder mat still be the owner of unsold 400 flats but he is not the 400 members of the association as buyers of those 400 unsold flats are not made member of the association.

2. Refer to the bye-laws of th society. The society or the association can impose legal action on defaulting members but connection of such essential services can not be severed as it is a criminal action.
Devajyoti Barman
Advocate, Kolkata
13110 Answers
174 Consultations

5.0 on 5.0

Though there remained around 400 units to be sold, the developer has no role to play in the association meeting because he is not a member.The bye laws will not permit an outsider to participate in the association meetings. The builder is an outsider and also he is bound to oblige the resolution taken at the meeting with regard to the unsold units of the apartment.
All agreements, decisions and determinations law-fully made by the Association of
Apartment Owners in accordance with the voting percentages established under this
Act, Declaration or bye-laws, shall be deemed to be binding on all apartment owners.
As per the sale agreement and sale deed conditions, the builder is supposed to form the association or housing society within four months of sale of 60 per cent of flats. The association is then to be handed over to the owners’ association. If the builder fails to form and register a society, the residents can form the association on their own.
Provisions are made in the by-laws of the association for collecting the maintenance charges. In the event of default by any member, the association has the right to deny facilities to the defaulter.
T Kalaiselvan
Advocate, Vellore
36746 Answers
403 Consultations

5.0 on 5.0

1. The ownership of the unsold flats is with the builder. As a corollary thereto, his vote is commensurate with the flats which are owned by him.

2. The services in respect of which the maintenance is charged can be discontinued if there is default in the payment of maintenance fee. However, under no circumstances the association can disconnect water and electricity connection of the defaulters as doing so will make the association members liable for a criminal prosecution apart for monetary damages.

3. The association can sue the defaulters to recover the unpaid maintenance fee.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

1. No. The developer is not the member of the society since he is not the owner of the flats,

2. So, he does not have any voting right being a non member,

3. The society will now have 200 members and the buyers of those unsold 400 flats will become members of the said society after they buy those flats.
Krishna Kishore Ganguly
Advocate, Kolkata
18730 Answers
452 Consultations

5.0 on 5.0

1. Owner's Association can not deprive any member of the basic facilities/amenities,

2. The Society can file a recovery Suit fagainst the defaulting members praying before the Court permission to disconnect basic facilities to them since they are not bearing the cost and act as per Court order only,

3. However, the Association will act based on the resolution passed by the majority members in AGM,

4. You, being a member of the society can raise your objection and demand which can be put to vote and the decision of majority should be adopted.    
Krishna Kishore Ganguly
Advocate, Kolkata
18730 Answers
452 Consultations

5.0 on 5.0

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