I am a resident of a DLF created condominium which is managed by a resident body for the last 5 years.
Our society bye laws state that in case of joint ownership of Apartment voting rights reside with the first owner.
“Joint apartment owners: Where an apartment has been purchased by two or more persons jointly, they shall be jointly entitled to the apartment and the shares of the Association shall be issued in their joint names, but the person whose name stands first in the share certificate shall alone have the right to vote.”
However elsewhere in the same bye laws is also mentioned
“Subject to the disqualifications contained in Clause 3 and 4 above (these clause relate to non payment of dues) no member may be excluded or expelled from the Association or from participation in any of its proceedings. "
In light of the above two statements, there are two schools of thought on eligibility of Second owners to participate in AGM/SGM as well as to contest elections to Board of Managers. 1. States that in as much as one is a member, one is allowed to contest and become a Board Member and participate in toto. and the second view is "since one is not a part of the electorate, one can not be a Board Member and also not be a party to the apex decision making body i.e. General Body."
When DLF handed over the Society to Resident body, it constituted of 6 out 9 members as second owners.
My questions are :
1. Are second owners allowed to participate in the electoral process? contest/nominate and second.
2. If the second owners are not allowed, does that render the first Board of Managers as unconstitutional ?
3. If the first BoM is illegal does that translate to subsequent bodies illegal as they are borne out of acts of an illegally constituted body.
