POA holder cannot attend AGM nor vote in meetings 

2) they cannot stand for elections 

3) it is for association to decide whether they can be part of what’s app /google group of flat owners 

4) you can contest the AOA but chances of success are bleak 

Dear Client

Regarding RERA Guidelines:
The Real Estate (Regulation and Development) Act, 2016 (RERA) primarily deals with the regulation of the real estate sector in India and the rights of homebuyers. It may not directly address the issue of whether a Power of Attorney (POA) holder can be a member of an Apartment Owners Association (AOA) WhatsApp or Google group. RERA primarily focuses on issues such as project registration, builder obligations, and the rights of buyers.

Contesting the AOA Decision:
Whether you can legally contest the AOA's decision depends on the specific bylaws and regulations of your Apartment Owners Association. Typically, AOA bylaws govern the membership criteria and the conduct of members, including participation in WhatsApp or Google groups.

Here are some steps you can consider:

a. Review AOA Bylaws: Carefully review the AOA's bylaws, rules, and regulations. If they do not contain any provisions regarding membership in WhatsApp or Google groups, this may strengthen your case for contesting the decision.

b. Seek Legal Advice: Consult with a lawyer experienced in property and association law. They can provide legal advice specific to your situation and help you understand whether the AOA's decision is in compliance with the existing bylaws and any applicable laws.

c. Mediation or Negotiation: Attempt to resolve the issue through mediation or negotiation with the AOA. Sometimes, disputes can be resolved amicably without resorting to legal action.

d. File a Legal Complaint: If it is determined that the AOA's decision is in violation of its own bylaws or applicable laws, you may consider taking legal action to challenge the decision. Your lawyer can guide you through the process of filing a complaint or seeking a legal remedy.

1. No such rule they can be active participant 

2. you can do that but by application of original member

1. There is no rule making it mandatory to form a whats App group or a google mail to communicate to the members of the AOA. 

This is an arrangement made for the convenience of the office bearers to coordinate with the efforts taken in connection with the association activities.

Hence you cannot find any such rule or government guidelines or RERA dictates in this connection.

However they have allowed or permitted to attend the GBMs, hence you may have to be contented with it.

Your principals are owners hence they request to be connected to the whats app group of the AOA. 

2. Is there any bylaw permitting the AOA to form the whats app group for its members, if so please have a copy of it and then plan to proceed legally against the current decision.

• Power of attorney (POA) is a legal document that allows someone to act on behalf of another person in certain matters.
• Apartment owners association (AOA) is a voluntary organisation that the owners of an apartment form. The association is responsible for providing services such as maintenance of amenities and enforcing regulations.
• According to some sources, there is no such rule under the Real Estate (Regulation and Development) Act, 2016 (RERA) that POA holder of registered owners cannot be members of AOA WhatsApp and Google group. However, the AOA may have its own rules and regulations regarding the membership and participation of POA holders in its activities.
• You may contest the AOA decision legally to get it revoked if you think it is arbitrary, unreasonable, or discriminatory. You may file a complaint with the registrar of societies or the consumer forum or the civil court, depending on the nature and jurisdiction of your case.

AOA word itself consists OWNER so in AOA only owner can be inducted. Being POA holder does not make you owner of property of your son in law or daughter. 

1. RERA does not contain any rule in this regard but RERA too speak of owners and their association. Nevertheless, POA holder is not the owner in his personal capacity of the property. Being representative under POA does not make you owner. Decision of society is as per law. 

2. No purpose would be served. 

you can contest decision but chances of success are bleak 

2) POA cannot attend AGM/SGM nor stand for elections to MC . Association can refuse to permit you to be part of whats app group 

3) there is no ready made format 

It is the decision of the general body and not by any individual.

If there's no provision in bylaw of the registered association then as a non member your grievances may not be entertained by any legal forum.

You can get your son in law included in the group of the association to have first information about all developments.

2. You can contact any advocate either from this forum or outside to get a power of attorney deed prepared.

You can take assistance of any lawyer of kaanoon in person for drafting of the same 

-  As per rule , in case the First owner is unable to attend, then the person whose name comes second can attend the AGM with written permission from the first co-owner.

- Further, no other proxy person or person with power of attorney is eligible to attend an AGM as a society member.

- Further, the members of the society is bound to comply the rules framed by the society , if that rules are common for all the members and for the benefit for them. 

- Further, there is not provision in the RERA Act,for the formation of a whatsapp group. and this is only by the society , and it was specially made during the period of covid -19.

Hence, if you filed a complaint , then the relief chances are very less. 

1. No. As stated you are not the owner of property so cannot be member except in specified conditions. 

2. Yes but professional fee shall be payable.