Voting rights
Guest
(Querist) 25 January 2012
This query is : Resolved
For a General Body Meeting of the Flat owners welfare Society(25 Flats) can a owner authorise his representative to attend along with the voting rights? It is registered with Registrar of Society , Hyderabad.AP.
There are only six owner resident members prent in the apartment. In one flat the owner is represented by the father(the son does not live here)& another one is represented by his wife.How many are required to fill the quorum? Can those proxies with voting rights be counted?
Raj Kumar Makkad
(Expert) 25 January 2012
No representative of member can have a voting right but if such representative is included as an associated member by society then such member can be granted voting right with the specific request of original member. Fulfil the desired formality so that the quorum of the meetings may be fulfilled,
Guest
(Querist) 25 January 2012
As per the existing procedures being followed here there has to minimum seven members to be eligible to form a society. Those members has to elect their executives , prepare a BYE-LAW wherein the eligibility to become a member etc etc is mentioned. I have a copy of the bye law based on which the society was registered by the Registrar of society. It mentions :
a) That owner or his/her spouse is eligible to become a member.
b) There will be one vote per flat.
b) That there has to be more than half the members to be present to fill the quorum.
c) There has to be more than three fourth of the total members to cause any amendment to the bye law.
There is nothing in the Bye law about proxy/ representations but it is written that Registrar of Society Act of AP will apply in case there is a dispute.
M/s. Y-not legal services
(Expert) 26 January 2012
am also feeling that its according to the societies terms and conditions..
-tom-
V R SHROFF
(Expert) 26 January 2012
no one can attend or vote except the member of co-op society.
it is not constitution, it is Co-op Soc Act & Rules that govern.
Guest
(Querist) 26 January 2012
As per the agenda there is a proposal to amend the eligibility condition to include even the parent of the owner to be eligible to be a member and be elected President of the society to include some one who is staying in the flat owned by his son and the owner son is not residing.
As only 6 are resident owners including the one mentioned above this proxy business to amend BYE Law has come to the fore.
Can anyone help me with the specific clause of the AP Societies Act / Rules in this respect or is it universal?
Raj Kumar Makkad
(Expert) 26 January 2012
The procedure to amend is universal but see the clause no. from your bye laws.
RAJU O.F.,
(Expert) 26 January 2012
All these depends upon the provisions in your byelaws registered with the Registrar.
V R SHROFF
(Expert) 26 January 2012
If so, get approval of Ass Registrar.
prabhakar singh
(Expert) 26 January 2012
PROXY VOTING SHOULD BE RULED IN BY LAWS AND SHOULD BE APPROVED BY THE REGISTRAR.
Guest
(Querist) 26 January 2012
I have just scanned a few pages from the Bye Laws . The amendment at document No II against Membership as well as Category can be seen scored. I have received the copy from the Registrar's Office . Amendment is unsupported as in the first Stamped page it say " one to pages seven correction Nil"
Guest
(Querist) 28 January 2012
But can the Bye Laws be framed violating the basic tenet of the law of the land? Is filling up quorum by proxy and then delegating right to vote within the scope?
Guest
(Querist) 31 January 2012
Dear All
I have uploaded extract of the Bye Laws of this apartment's welfare committee. Could you please examine and advice accordingly?
Guest
(Querist) 03 February 2012
General Body Meeting concluded. Only five resident owner members present in the meeting including one represented by spouse(Existing Bye Laws allows that) and one of them being the father(not allowed as per existing Bye Laws. Two non-resident owners whose flats are on rents also attended the meeting, one of them represented by proxy by her father-in-law(And this one is still in the name of an Army Officer , previous owner and the flat is still exempted from paying House taxes to the GHMC though legitimately transferred .Remaining all are rented.Two of the tenants also attended as proxy.That's made the attending members to nine , four less than the number required to fill quorum to hold general body meeting.
Six letters of auth was produced by one of the flat owner(represented by his father, who incidentally was the Founder President of the welfare association and the author of the Bye Law but some somehow goofed up to include both spouse and parents to be eligible to be members).
General Body Meeting was conducted with quorum by proxy filled up. Other businesses conducted.It was time for amendments to Bye Laws especially to include Parents of the owner to be eligible to become a member.That same gentlemen , the founder president now produced seven more proxy letters authorizing him to caste votes.There was some heated discussions etc etc but the agenda to amend was passed by the majority votes by proxy.
Is that in order?
