Anuradha 18 April 2016

Need help on property law

Hi all,

Greetings...

I have certain queries pertaining to property law. Let me have your clarifications on these.

We stay in Chennai in a flat comprising 84 apartments.

1. In a flat owner's association, can the election officer and assistant election officer be selected from non-owners, but a resident, without any legal backing.

2.Should the election be conducted on a democratic basis, ie. secret vote by ballot box or by appointments by a selected group of owners.

3.Can a blood relative of the owner of a flat, without any registered POA from the same flat owner, be eligibe for signing the financial papers and to enter in to any contracts/agreements on behalf of the flat owner's association.

4. Will an internal resolution by the association make above said person (question 3) eligible to sign financial papers and cheques and deal with bankers.

5. Can owners whose property is mortgaged are eligible to contest and be office bearers of the association.

I would be greatly thankful if experts help me in handling the situation.

Thanks & Regards,

Anuradha.

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2 Replies

adv.raghavan (Advocate,9444674980) 18 April 2016

I hope the association is registered, and commenting upon under the same belief,

1 & 2 You have to go what by law says in this regard, if it remains silent then you have to amend the same to incorporate the above said things. 3 & 4 POA has to be registered, so un - registered one will be considered as just a piece of paper, . 5, yes they/ he can, if by laws allows for that, even if it remains silent they/he can opt for that, and there is no bar.

(Guest)

Dear Anuradha,

Frankly speaking, your questions without descriptttion of any problem are irrelevant. The solutions on legal point of view are specific to the real problems.

However, as of general, your queries are replied as follows:

1. Election officer and assistant election officer can be non-owners, as are treated as impartial persons, subject to approval of the house or on appointment by the Registrar of the societies..

2. Election can be conducted by secret vote or by show of hands depending upon the wishes of the house. If anyone objects to show of hands or any proposal, the election should be held by secret ballot. Relevance of election lies on the objection, if any raised by any number of members at the time of election, not afterwards.

3. No.

4. No.

5. Yes irrespective of mortgage of property the owner's right cannot be forfieted, as a member of the association. He is fully eligible to contest and be office bearer of the association.