This article is specific to laws in Uttar Pradesh and also has a video presentation | Download eManual on Apartment
Introduction
As per the information available on the Website of U.P. RERA there are around 2800 registered Group Housing projects. Similarly, by an estimation, there would be around equal or more number of already existing Group Housing apartments in the State of Uttar Pradesh. This means that there would be around and over 5000 registered Apartment Owners Association (hereinafter as “AOA”) in the State of Uttar Pradesh. Considering such a large number of Apartment Owners Associations, the Uttar Pradesh Government has enacted and enforced Model Bye-laws for such Associations thereby providing uniform Bye-laws. The Model Bye-laws provide for the method and procedure to be followed for conducting elections of the Board of Management and Office Bearers viz., President, Vice President, Secretary and Treasurer of an AOA. There often remains ambiguity amongst the members of AOA with respect to the process and procedure of conduct of elections.
By means of this article, the author is trying to answer certain frequently asked questions with respect to the elections of Board of Management of an Apartment Owners Association.
Q. Who can be members of an Apartment Owners Association?
As per Bye-law 4, all persons who have purchased apartments in the concerned apartment condominium / Group Housing and executed the Deed of Apartment shall automatically become members of the Association of Apartment Owners of such Group Housing on payment of entrance fee of Rs.1000/-. Further on transfer of an apartment the new purchaser automatically becomes a member of Apartment Owners Association only after payment of fresh entrance fee of Rs.1000/-.
There are many Group Housing projects in Uttar Pradesh where apartments have been handed over to the buyers but without execution of the Deed of Apartment (Sale Deed or Sub-lease Deed) because of, amongst others, non-grant of Completion Certificate to the project. Under such circumstances, as per judgement of the Hon’ble Allahabad High Court in Design Arch case, the owners having possession of the apartments shall be treated as apartment owner and shall become members of the AOA. As per the said judgment, the spouse, daughter, son and authorized representative of a company owning an apartment are also apartment owners.
Q. Are spouse, co-owner, daughter/son and authorized representative are also owners and member of AOA then who shall have the right to vote?
Right to vote shall always rest with one of the co-owners amongst in whose name the Conveyance Deed (Sale Deed or Sub-lease Deed) is executed. Since there may be co-owners of an apartment and such situations are likely to arise. As such, the Model Bye-laws provide for Bye-law 5. The Bye-law 5 provide for the issuance of Share Certificate to the apartment where the apartment has been purchased jointly by two or more persons. The person whose name stands first in the Share Certificate alone will have the right to vote and as such to stand in the elections.
Soon after registration of Apartment Owners Association, it is the duty of the Board of Management to start membership drive and offer membership to each and every apartment owner by issuing a form for membership seeking therein informations like –
- Date of Allotment
- Date of Possession
- Flat Number
- Tower Number–
- Name of first co-owner
- Name of second co-owner
- Name of third co-owner
- Super area of apartment as per Allotment Letter / Conveyance Deed
- Voting percentage as per Deed of Declaration
- Percentage of undivided share in the land as per Deed of Declaration
- Approved use of apartment (residential or commercial)
- Value of apartment
- Amongst co-owners whose name should be mentioned at first place as per Bye-law 5 in Share Certificate for voting purpose.
- Signature of co-owners
On receiving such information as noted above (it is only indicative), the AOA should issue Share Certificate as soon as possible and in all circumstances before the next Annual General Body meeting. The Board should put the name of co-owner at first place in share-certificate as demanded by all the co-owners through the membership form. It is not necessary that the names of co-owners be put in the share-certificate in the seriatim as mentioned in the deed of the apartment.
It is obligatory on the part of Board of Management to issue Share Certificate and the copy of Bye-laws to each and every apartment owner taking the membership of the AOA by depositing the membership fee of Rs.1000/-.
Q: Who would be a voter in the first-ever election of an apartment owner association held for the formation of the AOA?
Ans: When steps are taken for the formation of an apartment owners association it is a voluntarily exercise and there is no office or office bearers, to do detailed documentation i.e. preparation of records etc. for neither there is any authority with any person nor there is any authenticity to check the records. As such, it is advisable and practical that in case of co-ownership of apartments the person having the first name in the conveyance deed (Sale/Lease Deed) or the allotment letter alongwith possession letter be given preference to vote and nominate in first election of the AOA. Once the association is registered and duly elected office bearers have taken charge then they may start the process of issuing share certificate as per bye-law 5 of the Model Bye-Laws under the UP Apartment Act, 2010 and then give right to any of the co-owner of the apartment to participate as voter in AOA elections. For issuance of the share certificate the definition of the apartment owner as given in section 3(d) of the 2010 Act r/w. judgment of Hon’ble Allahabad High Court in Designarch case has to be considered. In the share certificate name of the co-owner placed at the second number or thereafter in the conveyance deed can be placed at serial no.1 for the purpose of voting.
Q: Under what circumstances can the second co-owner participate in the first-ever election of an apartment owner association being held for the formation thereof?
Ans: If, the promoter and the residents are jointly forming the apartment owner association and there is a certified list of all the allottees of the apartment by the builder then in that scenario authority letter issued by the first owner may be treated as valid for voting rights provided that allowing second co-owner is allowed by the General Body Meeting called for the formation of the Association.
Q. What is the disqualification for an apartment owner from participating in annual voting?
As per Bye-law 7, there is only one ground for disqualification for an apartment owner disentitling him to vote in the election of members of the Board or to stand for election to such office, which is arrears of any sum due from him in respect of his contribution for common expenses for more than 60 days on the last day of the preceding year in which the election to Board would take place. Such dues should only be pending against the association.Any dues pending towards the Promoters will not disentitle an owner from voting or contesting.
Whether an apartment owner is required to vote only for electing the Office Bearers of the Board of Management or even for the agendas put forth in the General Body meeting?
As per Model Bye-laws the apartment owners are required only to vote for the election of members of the Board of Management and there is no provision which specifically calls for voting for passing the resolutions for or against in the agenda put forth in the General Body meeting. However, if in the GBM it is requested by the present members of the Association that certain agenda is very crucial calling for participation of all the apartment owners then such agendas may be put to vote by all apartment owners through ballet paper on a future date. Such contentious agenda may be like amending the Bye-laws, raising some new permanent structure within the common areas, etc. as may be decided within the General Body meeting.
Whether voting can be done in proxy?
It is provided in the Bye-law 10, votes will be cast in person except otherwise provided by resolution of the Association in the General Body meeting. This means that there is should be agenda of voting through proxy in the General Body meeting and that should be allowed by majority of the apartment owners allowing proxy. Without passing the resolution of proxy voting in a General Body meeting proxy voting cannot be allowed.
Whether authorized representatives of the owners are a proxy voters and can they be allowed to vote without resolution to allow a proxy vote in the election?
Any person other than the person having name as first owner (co-owner) in the Share Certificate does not have right to vote until and unless proxy voting is allowed by the GBM. Even authorized representatives or power of attorney holders does not have right to vote without proxy voting have been allowed in the General Body meeting.
How to start election process?
An election process is started under Bye-law 13 whereby the annual meeting of the association shall be called by the Board of Management with a prior notice enlisting therein the agenda of the meeting along with a clear agenda of the election, selection of Election Officer (from the members present in the Annual meeting), Declaration of Election Schedule.
Whether the election is to be held by raise of hand, voice vote or by ballot?
As per Bye-law 13 at the Annual General Body meeting of the association, the Board of Management shall be elected by ballot of the apartment owners.
Whether Board of Management can declare the Election Schedule in the General Body meeting?
There is no direction or bar restraining the Board of Management from declaring the Election Schedule in the General Body meeting. As such, to have a fixed time schedule, the Board of Management can declare an Election Schedule in the General Body meeting itself. Such election schedule is to be complied by the Election Committee.
What would be the essential steps of an Election Schedule?
The essential steps for a free and fair election would include the following steps:
- Publication of provisional voters list.
- Time for raising objection/addition/deletion of voters.
- Publication of final voters list
- Filing of nomination/candidature
- Scrutiny of candidates
- Withdrawal of candidates
- Publication of final list of candidates
- Voting date
Who can appoint or select Election Committee to conduct the election as per the election schedule declared in the AGBM?
There is no Bye-law in the Model Bye-laws which provide for the appointment of the Election Committee for conducting elections and voting. However, to ensure a free and fair election, general practice is followed of appointing an Election Committee in the Annual General Body meeting of the association from and amongst the members present in the meeting. The Election Committee so appointed should aspire the confidence of the members of the association with respect to their integrity, knowledge about elections and Bye-laws of the association, neutrality towards candidates and uprightness. The Election Committee appointed by the Board of Management independently will not aspire to be an independent committee, thereby jeopardizing from facing tenet of election i.e. free and fair election.
Whether the voting would be post-wise (for President, Vice President, Secretary and Treasurer) or for the Board of Management?
As per Bye-law 18, the Board of Management shall be elected by the members of the association by simple majority in the Annual General Body meeting. The principal Office Bearers of the Association shall be a a President, a Vice President, a Secretary and a Treasurer, all of whom shall be elected from the Board. The Board may appoint an Assistant Secretary, an Assistant Treasurer and such other office bearers as the Board may consider necessary. Thus it is clear that the association will elect only the members of the Board. The Board members amongst itself, in their first meeting post-election, will choose their Office Bearers viz., President, Vice President, Secretary and Treasurer.
What is the tenure of a Board of Management and what if any Board member resigns during mid-term of a Board?
As aper Bye-law 26(I), the term of the Office Bearers of the Board shall be one year. In case of any vacancy cast by any reason than the removal of the office bearer by vote of the association such vacancy shall be filled by voting of the majority of the remaining office berarers even though they may constitute less than a quorum.
When to hold Annual General Body meeting of the Association for election?
As per Bye-law 26(I), the Annual General Body meeting of the association is to be held in the first quarter of each financial year. It is generally known to the stakeholders that an AOA may have got registered in any of the remaining quarter other than first quarter of the first financial year and at the same time the term of the Board is also one year. As such it may not be possible for the AOA registered in any other quarter of the financial year to conduct election in the first quarter as one year tenure may not be ending in the first quarter of the financial year. A simple solution of such circumstances would be to pass a resolution in the General Body meeting either to shorten or extent the term of the first Board in such a manner that it may fall within the first quarter of the financial year or election may be conducted in the first quarter of the financial year and the elected members may join the Board after the expiry of the term of the outgoing Board of Management.
Whether election is to be held annually for all the seats of the Board of Management or for 1/3rd seats of the Board of Management?
This question has not been completely decided by either any competent authority or by the Hon’ble High Court or Hon’ble Supreme Court. However, the passing remarks against 1/3rd election have been held in couple of judgments. Ultimately the ratio of the judgments was not passed on such issue. In the opinion of the author, annual elections should be held for the vacancies arising out of retirement of the 1/3rd of Board members. It is so because the term of the Board is only one year and the Board performs and manages certain basic facilities like electricity, water, security of such large Group Housing Society and as such the Bye-laws envisage a continuing Board without any break. The Bye-laws envisages the rotating of retiring 1/3rd of existing members and inducting 1/3rd new members. If a proper arrangement as per Bye-law 26(2) is made of retiring 1/3rd members annually with a target to retire all members by the end of three years assuring thereby term of each elected member for three years then it would be in interest of everyone in the Group Housing. A tenure of three years would assure the presence of certain persons in the Board with complete knowledge of all the functioning of basic and essential facilities in the Group Housing and assure smooth transition of the Board members without disrupting any basic and essential facilities of the apartment owners of the Group Housing.
The Bye-laws are very clear that Board is the permanent Body and is not subject to dissolution. However, 1/3rd of the members retire every year and are replaced by newly elected members. This way each member is elected for a term of three years provided an appropriate arrangement of retirement has been made by the Board and published for the information of the apartment owners.
What is the term of the Board and whether the Board become time barred (kalateet) post one year from the date of last election?
As per the proviso to Bye-law 26(I) it is the term of office of the office bearers of the Board which is for one year and not of the Board as Board of Management of an Apartment Owners Association is a permanent body and is not subject to dissolution. It is provided specifically under Bye-law 26(III) that the office bearers shall hold office until their successors have been elected and hold their proximity.
Thus, from the combined reading of Bye-law 26 it is clear that a Board of Management never becomes time barred (kalateet) and it will be empowered to perform its functions until successors of the existing office bears hold their first meeting.
What would be the quorum for calling annual meeting or a special meeting or a regular meeting?
As per Bye-laws the presence in person of thirty percent of owners constitute the quorum. If in any meeting of owners cannot be held for want of quorum the owners who are present may adjourn the meeting to a time not less than 48 hours from the time of original meeting was called. If at such meeting also, no quorum is present, the owners present in person being not less than two shall form the quorum.
Whether Election Schedule and Election Committee declared in the annual meeting can be challenged and proceedings thereof may be stayed by any authority or government agency?
Generally it is not in the interest of association or its members to challenge election process once same has been declared by the General Body meeting as such challenges are open only after the conclusion of the election in an election petition under section 25(1) of the Societies Registration Act.
Who can file nomination?
Every apartment owner / member of the association having its name in the final voter list (as per share certificate) can file nomination/ candidature for being elected as member of the Board even if such member has retired from the Board in the same year itself. However, a Board member found guilty of misusing his post in its previous regime shall not be eligible for election. The use of word ‘guilty’ here may be left to be determined by the General Body meeting. To prove someone guilty of misusing the post during his previous term a report submitted by the investigation committee appointed by the President may be sufficient.
Whether voting is to be done on percentage basis or on the basis of one flat one vote?
As per Bye-law 8 voting shall be on percentage basis and the percentage of the vote to which the owner is entitled is the percentage assigned to the dwelling unit or unit in the declaration. In the case of Manish Kansal vs. State of Uttar Pradesh the Hon’ble High Court has held it to be a mandatory provision to be followed in the election of the Association. Any association where the Deed of Declaration has not been assigned the voting percentage in the Deed of Declaration against each apartment, then as per judgment of the Hon’ble High Court in the case of Anurag Chowdhary vs. State of U.P. the association must file representation before the competent authority for correction of Deed of Declaration to include voting percentage of each and every apartment.
In an earlier article authored by you on this forum you had suggested that a “lawful” tenant of an apartment would be eligible to vote and to stand for election to the Board of Management of an AOA.
However, in the article above you have suggested that only the person first named in the Share Certificate would have this right.
Can you shed some more light on this seeming divergence of opinion in the two articles ?
Thank you.
What if I am not willing to be a member of AOA.. What rights shall I loose, I know I cannot vote. What else? Is it mandatory to become a member?
What should be done if the committee members are not conducting election for our association. To who I should complain?
the Registrar of Societies under section 25(2) of the Societies Registration Act 1860.
Sir,
I would appreciate very much if you will kindly clarify the status of a “lawful tenant” in standing/voting in the election of the members of the Board of Management of the AOA, especially in view of the fact that the name of a “lawful tenant” would not be mentioned in the Share Certificate.
I had earlier requested for this clarification vide my message to you dt February 24 .
Thank you.
Whether a member of a RWA can propose or second more than one candidate for the Board election?
It completely depends on the election Rules passed in the General Body Meeting.
What if the AOA has not distributed share certificates?? How to finalize voter list in that case?? Can registry document be used to determine first owner & voting / contesting rights??
Issuing a share certificate is mandatory. An election should not be done on the basis of the first name in the registry papers. The election must be done on the basis of the first name mentioned on the Share-Certificate as it is required in law.
is flat co owner second become board member or can fight elcetion
legally yes.
Can any national party member contest for the AOA election
Can I stand for 2 posts..?
Sir, please clarify. If existing Association members are resigning on completion of tenure, new members are not willing for election/selection, what is the remedial measure to continue office.
the existing board will continue till the new board is elected.
how many candidates one person can vote in AOA if AOA strength is 10
10
Flat owners Association, Out going office bearers not handing over accounts & responsibilities to the New elected committee after several reminders. What is the next step?
Outgoing office bearers conducting meeting for submission of previous year accounts. Pls confirm outgoing office bearers right to conduct meeting?
Can power of attorney person can stand in election if the same is not approved by GBM. Pls clarify as per the UP apartment act
Sir
Agar maintainance builder dwara maintainance agency se karai ja rahi ho. AOA ko maintainance handover nahi hui ho ( completion certificate na hone k karan). Aise me jo owner maintainance nahi de rahe hain maintainance agency ko, to kya wo AOA ka election lad sakte hain.
If any Apartment Owner Association Member wishes to examine election records of past elections or Board’s financial transactions with the Developer but current Board is not allowing, what is the recourse available?
We have 14 flat registered resident welfare association in that vice president colluded with 50 % of registered member creating new committee,
We are registered president and secretary can take action against 50% new committee,
Or any other action can take misguided against members.
Can person having power of attorney contest for election of board of management?
Gone thru your video. It cleared many doubts.
thank you Mr. Joshi
If no member come forward to be part of the Election Committee to conduct election to the MC, even after two reminders, what is the next course of action please.
Then election can happen then and there in the GBM.
Thanks for the FAQ – very useful indeed. In a situation, where majority of exiting members of BoM have resigned, elections are conducted on emergency and subsequently only 50% nominations are received. In the AGBM, no one is willing to be nominated to BoM position. What action should be taken by Election Commission in such a case?
How many votes can be cast by a multiple flat owners in AOA election (UP)?
Please confirm, will the voting rights be per person or per flat?
The vote is to be cast as per the flat voting share. An owner with multiple flats will cast as many votes as many flats she has. However, the builder does not have such a right for its unsold flats.
Sir where it is prohibited that builder will not be having voting right in respect of unsold flats. Also whether its nominee will be counted in quorum or not?
It’s not expressly mentioned anywhere. It is a matter of practice. The rationale behind the same is that if the builder is given the right to vote its vote will be so many (equivalent to each unsold flat) that all his supported candidates will win and then in such case there is high likelihood that elected Board will be biased and will protect the interest of the builder. To meet such a problem, a nominee of the builder is given unelected position in the board.
Dear Sir,
In your reply to the under mentioned subject :
“Whether the voting would be post-wise (for President, Vice President, Secretary and Treasurer) or for the Board of Management?”
You had opined that the members of the Board of Management would themselves elect who would be President, Vice President, Secretary and Treasurer.
May I draw your attention to the contents of Allahabad High Court Bench Judgement
(The Management Board, Windsor … vs State Of U.P And 5 Others on 11 March, 2019)
“In the instant appeal we are not concerned with the elections of the members of the Board rather
than the office-bearers of the Board. The office-bearers of the Board are to be elected by the
members of the Association from amongst those persons who are elected as members of the Board.”
In the above-mentioned Judgement, the Bench appears to have stated categorically that the BOTH the Members of the Board AND its Office Bearers shall be elected directly by the members of the AOA in the SAME Annual General Body Meeting of the Association.
The Dy Registrar Meerut was a Respondent in the above mentioned Judgement and he was instructed to ensure that the election of the Members of the Board AND its Office Bearers should be conducted accordingly.
Doesn’t this clarify that the Office Bearers (President, Secretary, etc) must be elected directly by the members of the AOA and NOT by the members of the Board?
Please comment.
The Management Board, Windsor … vs State Of U.P And 5 Others on 11 March, 2019 has been set aside by the Hon’ble Supreme Court of India. However, even High Court has said that “The office-bearers of the Board are to be elected by the members of the Association from amongst those persons who are elected as members of the Board ” which implies that firstly a board will elected without any post. Thanks and Regards.
is there any restriction on number of board members to be appointed for apartment association having units upto 150
minimum 4 maximum 10
Hi Prashant Sir,
Can AGBM be done online with virtual presence of owners through google meet or other online meeting platforms? And similarly can election/voting be done online during the same meeting for making new resolutions or decisions?
In the present electronically driven era even courts are functioning online.
Dear Sir, Information shared here is really valuable. Can you please also inform the judgement number and date for Design Arch case wherein occupant with possession letter and without registration is considered “owner”. Thanks in advance.
if one member can propose or second more than one candidate in RWA election ?
Can the RWA bylaws made for a particular society further explain the tenure conditions to six months of executive Committee (Board Members) If there is only one nomination for the election or due to emergency conditions like Covid-19?
Second can the residents and tenants collect in a mob snatch the keys and take over the office from the elected Committee forcefully in a violent manner threatening them and finally after threats force them to resign. After this forming their own committee without calling the SGBM/AGM by the elected Committee.?
Extension of term would be illegal.
Act of residents and tenants collect in a mob snatch the keys and take over the office from the elected Committee forcefully in a violent manner threatening them and finally, after threats force them to resign is also an Offence.
Forming their own committee without calling the SGBM/AGM by the elected Committee is also illegal.
Prashant ji, thanks for your reply above. Just to mention here that share certificates are not yet issued by AOA…… however, names in share certificate need to be in same sequence as per AOA membership receipt provided by AOA to flat owners….. Can we consider names-sequence in AOA membership receipt for formation of voter-list and determining voting / contesting rights??
Please note, as of now, AOA is dissolved/resigned and elections to be done on ASAP basis. Share certificates can’t be issued.
Sir ,How votes are casted and counting is done .please elaborate that one member castes one vote each for and how choise is made ..please elaborate.
well it has to be on flat size proportionate basis. Voting share is to be on the basis of the voting share assigned in the Deed of Declaration. For details refer to the case of Manish Kansal v. state of U.P. WRIT – C No. – 17986 of 2015 Hon’ble Allahabad High Court and also WRIT – C No. 29992 of 2018 nurag Chaudhary And Another Vs. Deputy Registrar. That will help you. Regards.
Dear Mr Kanha,
I fully understand that first the members of the Board of Management will be elected by the members of the Association.
My question was, will the principal office-bearers (President, Vice-president, Treasurer and Secretary) thereafter be elected by the same members of the Association or, will these principal office-bearers be elected only by the members of the Board of Management?
Kindly do clarify this point also.
Thank you.
Can ob fight for different post of ob continueosly
राम राम जी,
क्या मैं AOA द्वारा तय की गयी मेंटनेंस चार्ज नहीं करता हूँ और चुनाव में वोट या किसी पद के लिए खड़ा होना चाहता हूँ तो उसकी अनुमति मिल सकती हैं?
Hi Sir,
Please suggest as per Noida bye-law, How many times same person can be in AOA with same post.
An office bearer can occupy same post continuously for 2 years. Then another post and then again previous post for two years.
Sir, what is the process if one candidate (or less than 50% candidates) submits request to Election committee for recounting the votes before 24 hours from declaration of results?
If an AOA president and GS too are not found worthy, can an AOA majority may remove them?. How?
Can a majority of AOA board remove/ peplace President and GS who are not worthy? How ?
The president and General secretary are not fulfilling the promises to the residents, then an AOA board majority can remove them?
Dear Sir,
During the formation of first AOA under the builder, can they stop the co-owner from voting and nomination right for the AOA formation. During the signing of sales allotment, builder got us signed a paper that states that only first owner can allow to vote. We have an election committee in place ( 4 residents and 1 builder) , can they allow the second owner to vote and nomination for the election? Kindly advise. Thanks in advance.
New Elections were held and new Board was formed but they did not update it with the register of Society and still on record old team is exiting as per Registrar Office, while the new members are handling bank accounts etc . The new team is also not conducting elections too.
Please clarify the voting percentage clause little elaborately for understanding. Give simple examples.
Biswajit Bhattacharya
Voting percentage is proportionate the apartment size. lets say there are apartment of 5 sizes in an apartment condominium – 1000sqft, 1200, 1800sqft, 2500 sqft and 3700 sqft, then the voting share would be 1, 1.2, 1.8, 2.5 and 3.7 respectively. Since the maintenance money charged is on per square feet of area i.e. proportionate to flat size as such voting for passing any resolution proposed by Board and for voting in election etc. vote share is also proportionate to flat size.
Dear Mr Kanha sir,
As a follow up question to the clarification provided by you above,
Is it legitimate for an AOA to charge differential maintenance charges per sqft to Owners in an apartment complex that houses both multistorey apartments and Row Houses/Villas ? The housing complex has the SAME Entry and Exit gates for both the multi storey apartment buildings and the Row Houses/Villas.
The AOA had cited a provision in the UP Apartment Act that states that independent houses (with independent entry and exits) situated in an apartment complex cannot be called a “building” and as such are not subject to the provisions of the Act with respect to the maintenance charges per sqft.
Your clarification to the above will be appreciated.
Thank you.
if a project has apartments in a building as well as independent villas – the UP Apartment will be applicable only if the apartments and villas share common areas, facilities and FAR calculation. AOA can charge differential charges between apartment and villas not becasue of non-applicability of 2010 Act but becasue the act permits levying of proportionate CAM charges. Also Villas would not be using certain facilities like lifts, tower common areas cleaning services etc. as such they may be charged with lesser CAM.
Sir,
who has the right to become a member and vote in the management board in the formation of a new society for the first time under UP Apartment Act 2010 and on the basis of which document the flat owner will be determined, please guide.
to keep aside any kind of dicpute in the first election for the formation of assocaition only the co-owner placed at first serial number should be allowed to vote and contest for Board.
Is panel wise voting ie one vote for 10 candidates in a panel valid in AOAs ?
In AOA election if a person has filed nomination but he is not present physically in the AGM. Can he be elected?
Dear Sir ,
can EO be a resident flat owner ?
can EO’S wife be a nominated candidate for election ..
Renuka
Only a person having valid vote in AOA can be a Election Officer. Once EO ethically contesting is not legal and will amount to corruption.
What is the minimum mandate as notice needed for election
Is it 14 days notice or less will do ‘
A minimum reasonable time for election would be 15 to 30 days.
Is there any provision that out of 10 candidates who if someone votes for only 1 to ensure advantage to Candidate of 1 tower , that ballet is declared invalid the same it happens when you vote for more than 10?
Casting just one vote won’t make the ballot invalid. casting more than 10 votes would entitle counting only first 10. That is the usual practice in elections.
What happens when the majority of the Executive committee members resign? Does the EC board cease to exist that including the other members? Can the remaining members conduct an election for electing the vacant positions only or for the entire board?
The remaining members can by their vote induct new people. Refer to Bye-law 27.Vacancies—The vacancies in the Board caused by any reason other than the removal of a office bearer by a vote of the Association shall be filled by vote of the majority of the remaining office bearers, even though they may constitute less than a quorum and each person so elected shall be a office bearer until a successor is elected at the next annual meeting of the Association.