Society Deemed members rights Society Deemed members rights

4 weeks ago

Whether the society Deemed member can contest in Apartment Owners Association's Society election for Secretary post if there is a clear definition of Deemed member in Bye-Laws and the provision for their right to contest election is provided in Society Bye Laws?

Anik

Responded 1 week ago

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A.Dear Client,

The normal practice which is being followed in societies is that the people who contest elections for Secretarial posts are mostly the owners of the concerned residential flats, as well as members of the respective Apartment Ownership Association.
But in such society, the bye-laws are the binding documents that plays a higher peril in the regulatory procedure within the societies. Therefore if the bye-laws in your society allows the same, wherein the deemed member can contest the election for secretarial post, then the deemed member can certainly contest in the Apartment Owners Association's Society election for Secretary post.

The above legal advice is given based on the limited facts which you have mentioned.

Hope this helps.

Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 weeks ago

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A.Dear Client,
Deemed Member of the Society (1) Any Secretariat staff, co-opted member of any organization or sub-organization or agent of the Society shall be deemed to be a member of the Society with all rights, privileges, and obligations of a member in the respective equivalent category except being a member of the Council and its sub-organisation.
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Vidhi Samaadhaan Vidhi Samaadhaan

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