• Association formation

I am having a commercial property in hyderabad. We are yet to form an association for this society and we are unable to do so since we have 2 groups having different ideas on voting rights to form the association. 
1. Group for people who own units between 5000 to 20000 sqft. It could be one or multiple units they own. 
2. Owners who own between 300 sqft and 3000 sqft. Mostly single owner max. 

Since the building has different dimensions of units group 1 says the most no. of sqft the members owns will have that many votes. Group 2 says, it should not be by sqft instead it should by the no. of units an owner owns? 
I looked at some forums and they say 1 unit 1 vote. but these are for housing societies with same dimensions or little different Please advice how should be proceed and what is the right association act should our society apply to form the assoication?
Asked 2 years ago in Property Law
Religion: Hindu

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14 Answers

One flat one vote is the law. Any owner owns multiple units then more voting right. Cant help it.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Register your association as cooperative society 

 

adopt bye laws wherein each unit has only one vote irrespective of size of unit 

Ajay Sethi
Advocate, Mumbai
99837 Answers
8148 Consultations

It’s per member 1 vote

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

The voting rights of members of an association cannot be based on the area of the dwelling unit or commercial space. For each member there can be only one vote.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

Voting right should be on the basis of unit only and not on the basis of size of unit. 1 Unit = 1 Vote.

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Position taken by group 2 correct, one unit one vote that is the law. Size of unit does not matter.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

One flat, one vote, rules SC:

Can the bye-laws of a co-operative housing society curtail the voting rights of different members of a holding separate flats in the building? No, says the supreme court: it's one flat, one vote.

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.

The appeal filed by the society agaisnt the dismissal of appeal by Bombay high court before supreme court was dismissed.

Therefore the group 2 which states that one unit per member for the voting rights is correct.

T Kalaiselvan
Advocate, Vellore
90039 Answers
2498 Consultations

It does state voting right 

 

section 14 deals with contents of declaration 

 

14. (1) The Declaration referred to in section 2 shall be submitted in the office of the competent authority in such form and in such manner as may be prescribed and shall contain full and true particulars of the following, namely:-
(a) description of the land on which the building and improvements are or are to be located, and whether the land is free hold or lease hold;
(b) description of the building stating the number of storeys and basements, the number of apartments and the principal materials of which it is or is to be constructed;
(c) the number of each apartment and a statement of its location, approximate areas, number of rooms and the immediate common area to which it has access and any other data necessary for its proper identification;
(d) description of the common areas and facilities;
(e) description of the common areas and facilities, if any, stating to which apartments, their use is reserved;
Encumbrances against apartments.
Common profits and expenses.
Contents of Declaration.

[Act No.29 of 1987] 11
(f) value of the property and of each apartment, and the percentage of undivided interest in the common areas and the facilities appurtaining to each apartment and its owner for all purposes, including voting;

Ajay Sethi
Advocate, Mumbai
99837 Answers
8148 Consultations

No, the stated clause does not give any voting right but it clarify that with each unit I.e.flat voting right is attached. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

The clause mentioned in your subsequent post of this thread do not give any extra voting power to the owner having more extent of UDS than the  owner having lesser extent.

The provisions of law stated is declaratory in nature about the issues pertaining to the issues pertaining to common areas.

The Supreme court rules of one unit one vote prevails without any doubt.

T Kalaiselvan
Advocate, Vellore
90039 Answers
2498 Consultations

Yes it states 

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

If one unit is 20000sqft than only one vote.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear client,  

Yes, Section 14(f) of the Telangana Apartments Act, 1987 provides for the percentage of undivided interest in the common areas and facilities appurtenant to each apartment and its owner for all purposes, including voting. However, it does not specify the method of determining voting rights.

In the absence of any specific provisions in the bylaws of the association or the Telangana Apartments Act, 1987, it is generally advisable to follow the principle of 'one unit, one vote'. This principle ensures that each unit owner has an equal say in the affairs of the association, regardless of the size or number of units owned. It is a fair and democratic method of voting and is commonly followed in most housing societies and apartment associations in India.

However, you may seek the guidance of a local property lawyer to check if there are any specific provisions under the Act or local laws that may apply to your case. The lawyer can help you draft the bylaws of the association and ensure that they are in compliance with the applicable laws.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

Dear Sir

THE TELANGANA APARTMENTS (PROMOTION OF
CONSTRUCTION AND OWNERSHIP) ACT, 1987.

https://www.indiacode.nic.in/bitstream/123456789/8604/1/act_29_of_1987.pdf

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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