• Voting rights of builder in rwa against unsold flats

A builder has 20 numbers of unsold flats. he is demanding 20 votes in RWA election. He insists that he will not pay maintenance for those 20 unsold flats if he is not given 20 voting rights. Is there any provision in RERA Karnataka regarding builders right to vote against unsold flats. If not as per RERA which law/act of Karnataka deals with the same.
Asked 6 days ago in Property Law
Religion: Hindu

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11 Answers

Builder is bound to pay maintenance for unsold flats 

 

if he refuses to pay maintenance sue the builder to recover arrears of maintenance 

 

builder would have only one vote for unsold flats 

 

 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

File complaint against builder before consumer forum and seek orders to direct builder to provide amenities as mentioned in the brochures etc 

 

also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

For the 20 flats the builder has only 1 voting right 

If 20 votes are allowed then he will influence every decision 

For not providing the promised amenities the RWA has to file a suit against the builder 

Yusuf Rampurawala
Advocate, Mumbai
6500 Answers
55 Consultations

5.0 on 5.0

Dear Client,

Yes you can sue the builder in case of deficiency of services if it is promised in contract or opt for specific performance of the terms of the contract.

Thank You.

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

He can't ask for 20 votes on basis of his flat. He will only enjoy single vote

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

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. 

On November 2, 2007, Justice S B Sinha and Justice Harjit Singh Bedi held that Section 27 of the Maharashtra Co-operative Societies Act 1960 Act clearly provides for one vote per member.
The court observed that even though the objective behind "one family, one vote" may be laudable, it is necessary to see whether such a concept is provided for under the act.

The court held that when the legislative act provided for it, no bye-law could create another concept to defeat the legislative intent.

Therefore, it was held that even when a person owns more than one apartment he will be entitled to have number of votes in proportion to his ownership.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

If the common problems are to be taken up, it would be advisable a a body representing the owners of the flat would be right  person to handle such issues and to represent before the concerned authorities including consumer forum. 

First of all RWA has to take over the apartments from the builder and then initiate action against the builder for all the deficiencies found which are yet to be completed by the developer. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Builder is not entitled to 20 voting rights for unsold flats

 

2) not aware of any RERA notification dealing with unsold flats in RWA 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

- The said builder cannot demand 20 votes for unsold flats , and he will have right for only one ,and cannot stop the maintenance .

- The maintenance charges for unsold flats should be borne by the builder till they are sold, and thereafter by the purchasers

-  RWA can file a compliant against the builder for recovering the maintenance . 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

1.  Until the flats are sold the builder can be considered as the owner of the flats, he need not have to register the same on his name.

2.  The RERA cannot interfere in the election process of the RWA. It is a subject matter connected to the registrar of cooperative societies. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

It's ownership but not voting rights more than one

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

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