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Hrushi   27 January 2025

Voting in co.op.hsg.society mumbai, maharashtra

We have Co Op Hsg Society in Mumbai recently registered having 13 Flats as under:                            a) 4 Flats owned by 4 individuals.Out of which 2 are staying abroad.                                 b) 1 Flat owened by one HUF.           c) 3 Flats owened by second HUF.   d) 4 Flats owened by third HUF.     All above b),c) and d) are Family Members related to each others.   e) 1 unsold Flat still with developer.                                         My question is                           1)How many of the above entitled to vote in First General Body and Subsequent SGM or AGM.              2) Who can become office bearers.



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     27 January 2025

One person one vote, same principal followed in voting of General election is followed in Co-operative Housing Society's election.

Let us assume that Mr A with his wife B, his son C and daughter D, have ten flats in one Co-operative Housing Society.

Let us assume that, all ten flats have A is main owner, and B, C and D are Co-owners in all ten flats in the same order.

Then, by filling Associate membership form of Appendix-5, in Bye-laws book for any three (out of ten) flats, make each one co-buyer, a Co-member of one flat each.
By filling form given in Appendix-10-A, for each of the three co-members, main member "A" can make them members eligible to vote and contest election of the Managing Committee election.

Similarly, "A" will be member of all ten flats. Flats for which "A" fills in Form of Appendix-10-A, he is still member, but he has relinquished his rights in favour of his Co-buyers, to make them eligible to be voters, contest the election to get elected on Managing Committee.

Since "A" owns ten flats in the Society with his three Co-Buyers, if he allows each of his co-buyers to fill the forms as above, for two flats, then each co-buyer will get two flats to vote, and "A" will retain with him four flats as voter.
In such a case, in the election of the society, his name as voter will remain in the voter's list for four flats.

The movement he casts his vote for Managing Committee election of the Society, his other three votes will get cancelled.
Similarly, his three co-buyers, as state above each one will have two votes.
The movement they cast their vote in Society's election, each one will lose his/her second vote.

Hrushi   27 January 2025

Sir, Sorry,this is not reply to my query.If HUF is Karta of All 3/4FFlats and he is present    him self in Meeting How can he Authorised Member of HUF to Vote and stand in MC Office bearer.

T. Kalaiselvan, Advocate (Advocate)     27 January 2025

Karta of a HUF is not the sdole owner of the HUF property.

The other members of the HUF are shareholders/joint owners hence they can very well become co-buyers and can thus become eligible to cast the votes in the capacity of co-buyers, you can go through the answer properly and understand it by interpreting them properly

Dr. J C Vashista (Advocate )     28 January 2025

Vote of each HUF shall be single, whereas there is no ambiguity in one vote each member (it do count with number of flat(s) but individual member).  


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