Rights of joint owners in an apartment association
Manish kr Patni
(Querist) 19 January 2011
This query is : Resolved
I am a joint owner of a apartment in gurgaon. there is a registered sale deed between me and my wife.I have been told that I cannot contest elections of our condominium association as only the first owners have the right to vote though. I has written to the presdeint of the association but but he does not respond to any communication.
Please let me know if I have a right to contest the elections......
the disqualifications defined in the bye laws do not mention any thing about the joint owners.
The copy of the bye laws is attached.
What action should I take......
Amit Minocha
(Expert) 19 January 2011
refer to your respective cooperative socities act
Advocate. Arunagiri
(Expert) 19 January 2011
First owners? You mean who bought initially.
If the society says that the subsequent buyer is not having rights to vote, the rule is against law.
SHYAMSUNDAR
(Expert) 20 January 2011
Dear Manish,
It is a general rule one tenament one vote. In your case you being joint owners one of you have right to contest election. The one who is eligible is the first person in sale deed. If your wife's name stands first in sale deed then she can contest the same and you will be barred.
Manish kr Patni
(Querist) 20 June 2011
This is strange. The voting right is related to the %age of area owned by the owners. According to the law I hold the shares jointly, I own the aparttment jointly. while the bye laws clealry state that that the first onwer can vote regarding elections the same bye laws stae that the Board of managers are to be elected out of owners of apartments and do not distinguish first 7 second owner.
Is it just a matter of interpretation.
