Karnataka Apartment Ownership Act 1972
7 months ago
As per Karnataka Apartment Ownership Act, can specific relatives of the owner and power of attorney holders be classified as deemed members of the association and permitted to be office bearers or members of the Board of Managers of the association?
A.Dear Sir,
The Act not defined "Deemed Member". Unless the society bye laws provides such definitions then only power of attorney holder can be treated as deemed member.
The Act not defined "Deemed Member". Unless the society bye laws provides such definitions then only power of attorney holder can be treated as deemed member.
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A.Dear client,
1.It is a fact hat only the owner of the particular property can become the 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.
1.It is a fact hat only the owner of the particular property can become the 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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A.Dear Client,
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. The Bye-law 5 provides for the issuance of a 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 contest for a post of an office bearer or member of member of Board Managers in the elections. It is provided in the Bye-law 10, that votes will be cast in person by the resident member except otherwise provided for a proxy vote by resolution of the Association in the General Body meeting. So in viwe of the above provision of Byelaws, a relative of the flat owner having POA cannot be classified as a deemed member of the 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. The Bye-law 5 provides for the issuance of a 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 contest for a post of an office bearer or member of member of Board Managers in the elections. It is provided in the Bye-law 10, that votes will be cast in person by the resident member except otherwise provided for a proxy vote by resolution of the Association in the General Body meeting. So in viwe of the above provision of Byelaws, a relative of the flat owner having POA cannot be classified as a deemed member of the association.
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