LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raja K S Tanwar (SME)     27 December 2021

Society elections - voting rights

Hi All, Need guidance on voting rights for society / apartment elections Currently my society is registered under Haryana Apartments Ownership Act but now we are planning for handover. We are two societies A & B under 1 Licence.  Society A has already take handover. Now Society part B needs handover. 

So, need guidance as there are two groups in society B -

1) Want to continue with Apartments Ownership Ace - As per this group voting will be on the basis of area of apartment.

As in Haryana Apartment Ownership act there is clause of this voting provision. Here is the statement -  CHAPTER II VOTING QUORUM AND PROXIES   9.voting. – Voting shall be on a percentage basis, and the percentage of the vote to which the owner is entitled is the percentage assigned to the independent unit or units in the declaration. 10.Quorum. – Except as otherwise provided in these by-laws, the presence in person of a majority of owners shall constitute a quorum 11.Vote to be cast in person. – Votes shall be cast in person.

And

2) With Societies Act. - As per them HRRS 2012 - voting will be 1 vote per flat basis.

So can you please advise which is correct and what will be applicable.



Learning

 1 Replies

Dr J C Vashista (Advocate)     28 December 2021

Repeate query at https://www.lawyersclubindia.com/forum/voting-rights-for-socitey-elections-221889.asp


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register