Does Landowner/Builder have right to become a member of RWA
We have formed a resident welfare association (RWA) under Karnataka Society Registration Act 1960 (act 17 of 1960) .The builder and landowner executed Joint Development agreement (JDA) to develop this property. The Builder had 147 flats and land owner have 63 flats which makes total 210 flats . Both the landowner and builder sold flats but few are left (approx 30 by landowner and 25 by builder are unsold flats ) . Now, the land owner had registered 2 flats in his son name and his son is staying in there, and 30 of them from his share are still unsold. Now the land owner is asking us to make him a member of society, by giving a membership fee for all 30 flats, as he says that he is the owner of the unsold flats and wants to have 30 votes in the general body meeting.
My Questions are:
1) Can the landowner and/or Builder become the member of the association by virtue of the unsold flats?
2) Will the land owner and/or builder have voting right equal to number of unsold flats or one vote or zero vote?
3) If he gets 30 votes can his presence be taken as presence of 30 members while counting for the Quorum?
Till now we have made our position that since landowner had not registered all his remaining flat ,and that he is resident of only 2 flats he have only 2 voting right but he is contesting this by saying that he had all the remaining flat property as his own by virtue of the Joint Development agreement with the builder. We are not allowing the builder to become the member but by this argument builder also should have the membership and voting right.
We don't want to deny anybody their legal right.
A) What position should we take
B) What property document allow them to get the right to membership. Today, for other residents we are asking the first page of the “registered sale deed” as proof of the ownership.
Asked in Property Law from Bangalore, Karnataka
1) yes the builder can be member of association on account of unsold flats
2) if all the flats are in one name only then builder would have one vote .
3) it would be taken as presence of one member .
4)you cannot deny builder membership of the association .
5) contact a local lawyer . it is also necessary to go through the byelaws adopted by the association to advice further
all flats of the land owner make him eligible for membership in the said association, his ownership would be ONE only, irrespective of the total number of flats owned by him, likewise the developer can also become the member his membership would also be ONE only irrespective of the total number of flats owned by him.
The sharing supplement agreement executed between the land owner and developer would be essential to determine their respective ownership's of their flats.
further the byelaws of your association needs to be reviewed in the light of their demands being put forth.
Every owner of the unit or apartment is the member of the residence welfare society. Before formation of the society a general body meeting shall be conducted and founder executive body will be elected . The President, Vice President, General Secretary, Joint Secretary, Treasurer and two executive committee members.The election of the executive committee through election.
1. You have formed a residents welfare society which clearly states that the members shall have to be the residents of the flats by virtue of ownership,
2. In the instant matter the developer is the developer only and not the residents,
3. He can not claim to be residents of all 30 flats since in most of the societies, it is mentioned in the bye laws that one owner/resdent can not own another flat in the same society,
4. Your bye law is required to be seen,
5. However, one resident can not have more than one voting right,
6. So, the developer can not be registered as 30 members of the Society giving 30 voting rights.
Yes, builder can be member if he is resident /owner of a flat.He can not claim more than one vote even if he has more than one flat in his own name. rest of the points can be answered after examining the Bye-laws of the Society,for that it would be better if you consult a local lawyer.
Advocate, New Delhi
1. The land owner and the developer can certainly become the members of the association. However, neither of them can get more than 1 vote regardless of how many flats they own.
2. The bye laws of your society require a threadbare perusal. Normally the bye laws disallow a person from having more than one flat in the same society. The voting right has no co-relation with the number of flats an individual owns in the society. Neither the builder nor the land owner can get more than one vote. While counting the quorum the vote of the developer and land owner has to be counted as a single vote each.
Yes he can be a member as he posession unsold flat in his hand.if you count for each flat one vote then he can or if per person he cannot vote more than one time.that depends on the norms mentioned in your society
Thanks alot for all the answers, really appreciate that. Apart, The Bylaw is silent about the number of votes the Builder/ Landowner can have in lieu of unsold flats or multiple flats. The argument put forward by them is :
"By which law multiple vote is being prevented " . Can you provide me any specific reference.
Asked 2 years ago
thanks for your appreciation . if the byelaws are silent check the provisions of karnataka Society Registration Act
Yes, consult karnataka Society Registration Act in this regard.
A. I agreed with Mr. Ajay sethi and Mr. Ashish Davessar
B. There is no particular provision with respect to single vote in the Karnataka Society Registration Act,1960.
As per the Society Registration Act 1960
Section 12.6 Votes of Members
Every member present in person shall have one vote.
Generally, State legislation cannot prevail on Central law. Therefore, Central legislation will override the State legislation to the extent that there is a conflict between the State legislation and the Central legislation. Hence, you may consider this provision.
If the bye law is silent, each unit or apartment owner have one vote power , irrespective of owner or builder or flat purchaser.
If the bye law is silent on this issue then the vote will indubitably be counted as a single vote irrespective of the number of flats owned by the builder/land owner.
2. builder will have 1 vote only.
3.he cannot get 30 votes.
4.in ur case karnataka society registration act applies.
Advocate, New Delhi
if the bylaws or society are silent on the issue then existence of provisions in karnataka society registration act will prevail.