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Gaurav (Chief Engineer)     20 July 2016

Can residents call for fresh rwa elections in agm

Dear All,

 

We are residents of a group housing society in Faridabad. The society consists of 396 flats and 82 EWS. Our RWA elections were held around 7 months back, but the elected members are blindly supporting the builder.

 

As per the act, AGM should be held during July-September.

 

In our bye-laws, there is no mention of procedure for no confidence motion by residents.

 

Another problem is that the EWS members have been given equal voting rights in our bye-laws. EWS allottees are not residing in their allotted flats and most are in direct/indirect employment of the builder / associates. The builder brings those 80 persons in tempos and we need further more votes to counter such activity.

 

1.  Can we move a motion for voting during AGM to call for fresh elections? As per the Haryana registration of societies act, 2012, if 3/5 of the persons present agree, it may be taken as a special motion and RWA has no choice but to call elections.

 

2.  Is there any rule by which the voting rights are given weightage proportionate to the area of the flat ( there is no collegium in our society due to number of residents being less than 1000)

 

3.  How to get the bye laws amended before next elections to include voting right weightage.

 

Thanks in advance

 

Gaurav



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