Replacement of lifts
7 months ago
In an apartment society in uttarpradesh if AOA decides to replace 15 year old lifts then costing 10 crore in 128 blocks then :
1) do this proposal has to be passed by simple majority in general body meeting where only 15% of total members are present or it has to be replaced after consent of majority of 2200 residents?
2) Before replacement should the AOA get certificate from an expert that these lifts need urgent replacement or not
3) Before replacement do the AOA has to get a survey report for old lifts?
4) Any other mandatory requirement
A.Dear Client,
As per the Bylaws of the AOA, the presence of 1/3rd of members is required to form a quorum in GB/ Special General Meeting to pass a resolution on a majority of vote. A resolution passed in a quorumless meeting is infructuous being unenforceable. A certificate from an expert is essentially required to certify the status of the lift and recommend its early replacement. Once a certificate is obtained from the expert, a survey report is not essential. On the basis of the expert report, a quotation from the lift replacement agencies is to be invited to access the lowest bidder to be considered for assigning the contract. All this information is required to be placed before the meeting for discussion and to make a well-informed decision or resolution on a majority of vote in the presence of 1/3rd member of the AOA.
As per the Bylaws of the AOA, the presence of 1/3rd of members is required to form a quorum in GB/ Special General Meeting to pass a resolution on a majority of vote. A resolution passed in a quorumless meeting is infructuous being unenforceable. A certificate from an expert is essentially required to certify the status of the lift and recommend its early replacement. Once a certificate is obtained from the expert, a survey report is not essential. On the basis of the expert report, a quotation from the lift replacement agencies is to be invited to access the lowest bidder to be considered for assigning the contract. All this information is required to be placed before the meeting for discussion and to make a well-informed decision or resolution on a majority of vote in the presence of 1/3rd member of the AOA.
Helpful
Helpful
Share
A.Dear client,
It is mandatory that every owner having a lift in his building should get a certificate from the KSEI. Lifts should be replaced after every 10 years to avoid any mishap. It is mandatory that every lift should have a trained operator. Every lift should be covered by an annual maintenance contract.
It is mandatory that every owner having a lift in his building should get a certificate from the KSEI. Lifts should be replaced after every 10 years to avoid any mishap. It is mandatory that every lift should have a trained operator. Every lift should be covered by an annual maintenance contract.
Helpful
Helpful
Share
Read Related Answers
Real estate agent harrassing for brokerage
Dear sir,
In many cities such illegal practice is there. You approach police and they will teach them a lesson. You need not give any brokerage.
To landlord - I am staying in this house from 6 years
Dear Client,
You can send a legal notice to the landlord and demand to repay the security deposit. In case of inaction from the landlord, you can file a suit under Order 37 of CPC before a jurisdictio...
Addition of Wife Name in new flat sale
Dear Client,
An owner who wants to add a co-owner to his property will have to do so by way of creating a new deed altogether mentioning the ratio or portion of the ownership in the property. This new...
Real estate -rera
Dear Client,
As the housing project is not registered under the RERA, you have to file a complaint against the real estate company and its directors before the District Consumer Commission under Sec.3...
Apartments terrace laws
Dear Client,
The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of the multistoried building. Legally, a Builder cannot sell...
Read Blogs on Real Estate
Real Estate Lawyers
Find Lawyers by Location
