Resident's Association in Tamil Nadu Resident's Association in Tamil Nadu

4 years ago

Can I become a member of the association if I have POA for the apartment from my son?

Adv Poonam Manoj Sapate

Responded 4 years ago

A.NO sir,
You cannot become member of association
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajagopal Sripathi

Responded 4 years ago

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A.Hi
In law, only the owner of an apartment can be a member of apartment owner association.
A power of attorney holder can become a substitute/proxy for the owner and represent the owner in the meeting held by apartment owner association
So, technically, you can participate in the proceedings/meetings of flat owners and voice your views in the said meeting as a proxy for your son.
It is recommended that your son can address a letter to flat owners association informing that you will be attending the meeting for and on behalf of him in his(owner) absence and this letter can be used as proxy form
Hope this information is useful
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
The definition us as follows "An associate member is defined to mean “a member who holds the right, title and interest in the property individually or jointly with other but whose name does not stand first in share certificate”
Thus if the bye laws provides and allows then on;y you can become the member. Please check the bye laws. Please give me Rank 5 if you feel my answers also helped you
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 4 years ago

A.Hi,

you need to check the bye-law of the association. Further, POA holder cannot be part of the managing committee.

1. It is a fact hat only the owner of the particular property can become a member of the society and no one else.

2. However the owner can appoint someone as its constituted attorney for the purpose of management of his property.

3. So the GPA holder can represent the actual owner during society meeting but his voting rights would depend on the bye laws of the society if it allows proxy voting.
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