Call Back Request
Track Your Request
+91-7604047602 Legal Blog For Students Free Legal Advice Lawyer Login
Menu
arrow_back
Prestige St. John’s Wood Apartment Owners Association is a resident welfare association formed in March 2007 to the manage the affairs the 483 apartments in the complex. The bye laws of the Association have been registered with the sub-registrar’s office in Bangalore originally on 2nd March 2007 and thereafter again on 24th April 2008 and lastly on 4th February 2016 arising out of certain amendments to the said bye laws. Since inception of the Association in 2007, the Board of Members were elected out of the Owners/Joint Owners and or spouse of the owner (in case the apartment is in the name of the husband or wife only) for the smooth working of the Association and considering the requirement of members who could devote time for the complex up keep. However, in the recently held 12th AGM of the complex on 22nd July 2018, one member has raised a dispute challenging the acceptance of two nominations filed by the spouses of two single owners. Of-course both the nominations are supported by the Power of Attorney from their husbands and are also living in the complex. The issue raised is they not being “blood relatives” of the owner are ineligible to be on the BOM in terms of Chapter 1 Para 3 Definitions (d) of the bye laws. The said para 3(d) as well para (n) (o) and (p) which are relevant here are quoted below. d) “BOARD OF MEMBERS” means an elected Board of Members, which may also be called Management Committee, (hereinafter referred to as “BOARD”) and shall consist of not more than 18 persons, 3 from each block, (for the purposes hereof Hazel and Olive Blocks are considered as one block) all of whom shall be registered Owners of Apartments, wholly resident in the Building, and elected at a meeting of the Owners by a majority of those who are present either in person, or by proxy, and voting. In the event no nominations or insufficient nominations are received from any particular block/s, such position/s can be filled up by electing residents from under-represented blocks only, by calling for nominations on the floor of the meeting of Owners held for such election, from persons who are Owner’s blood relatives, wholly resident in the Building, and having respective owner’s Power of Attorney to serve in the Board. n) “MEMBER” means and Owner, as aforesaid. Such an owner shall have full voting rights as provided in Clause 10 of these bye-laws. o) NEW MEMBER means an Owner who has purchased apartment(s) from the first Owner after 31/12/2007, as recorded in the sale deed. p) “OWNER” means a person, persons, HUF, Firm, Association of Persons, Trust, Company, owning an Apartment in the Building and an undivided interest in the common areas and facilities, and who has submitted his/her/their apartment to the provisions of the Karnataka Apartment Ownership Act 1972. We had sought advice from our counsel in Bangalore who has opined as under: “Further to our telephonic discussion earlier today, we understand you have the following queries in relation to Clause 3(d) of the Bye Laws of the Prestige St. John’s Wood Apartment Owners’ Association (“Bye-Laws”). 1. As per Clause 3(d) of the Bye Laws, would a spouse be considered a ‘blood relative’? 2. Would a previous appointment of a spouse as a member be considered a precedent? Please see below our response to your queries: 1. As per Clause 3(d) of the Bye Laws, would a spouse be considered a “blood relative”? Response: A reading of Clause 3(d) of the Bye Laws indicates that the intention behind the words “blood relative” is that a family member could become a member. Since the phrase ‘blood relative’ could include persons such as brother, sister, aunt, uncle, grandmother, grandfather etc. of the owner, it necessarily implies that the spouse who is the closest family member would need to be included under such a category. Therefore, in our opinion, the spouse by necessary implication should be considered a “blood relative”. 2. Would a previous appointment of a spouse as a member be considered a precedent? Response: As stated above, as a spouse can be considered a family member/blood relative, any prior appointments of a spouse as a member would not have been a violation. Therefore, this question of treating the same as a precedent does not arise. The member who had challenged our acceptance of the two nominations has reportedly got another opinion contray to the above. Your guidance please.

A. You have only one option to fight this in Civil Court. Ask Vidhikarya for paid service for legal help of a Bangalore Advocate.
Helpful
Helpful
Share
Ashish K Dongre
Ashish K Dongre Experience: 13 Year(s) Thane
ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 16 Year(s) Kolkata
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 10 Year(s) Nagpur
Decision taken fixed deposit taken and monthly installment collected from members amount spend 3 crores legal or illegal

A. dear client in your matter Lodge a complaint and remove him from the membership.
Helpful
Helpful
Share

Top Responding Lawyers

c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Kishan Dutt Kalaskar Retired Judge

Retired Judge

Bangalore

Experience: 34 Year(s)

Free Advice Given: 6139

View All Answers
9434907e0136c51bd1ae1f8951e791b0.webp
Rameshwar Dadhe

As a advocate

Aurangabad

Experience: 4 Year(s)

Free Advice Given: 2710

View All Answers
822b0e728f6a0b831e546069e59eff21.jpg
Deepak Yashwantrao Bade

Lawyer and legal associate

Nagpur

Experience: 10 Year(s)

Free Advice Given: 2220

View All Answers
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Shreyash Mohta

Advocate

Kolkata

Experience: 2 Year(s)

Free Advice Given: 1823

View All Answers
93242ddb5f3bbe7e8eeeb394d718b1ec.webp
Shanti Ranjan Behera

Advocate

Bhubaneswar

Experience: 23 Year(s)

Free Advice Given: 1128

View All Answers
bbeb09048874b1d40441.webp
Ambrose Leo

Adv.Ambrose Leo Associates & Legal Consultants

Bangalore

Experience: 10 Year(s)

Free Advice Given: 1057

View All Answers
4841c22d1a959ded01c071ad410d81b4.webp
Suneel Moudgil

Advocate

Panipat

Experience: 16 Year(s)

Free Advice Given: 839

View All Answers
a24c9c9c3a743f162cc475c80071fe4c.webp
ROBERT D ROZARIO

Advocate High Court

Kolkata

Experience: 16 Year(s)

Free Advice Given: 784

View All Answers
498ccf42b276edbaf56567d1ccd4975a.webp
Prabhakara S K Shetty

Advocate

Bangalore

Experience: 20 Year(s)

Free Advice Given: 632

View All Answers
3a01cc6aa21855397e314eb84cfd223a.webp
Rajender Prasad

Lawyer

New Delhi

Experience: 6 Year(s)

Free Advice Given: 623

View All Answers
59e854a50a441a116b44301cc6c50176.webp
ARPIT BATRA

Attorney

South Delhi

Experience: 12 Year(s)

Free Advice Given: 536

View All Answers
ccdc40f4c72ef17306ac9e36d288a0a7.jpg
Ayantika Mondal and Anik @ Prime Legal

Lawyer

Bangalore

Experience: 11 Year(s)

Free Advice Given: 411

View All Answers
d6d5b47319eafdb8e3813667048e1699.webp
GANESH SHARMA

Criminal Lawyer

Faridabad

Experience: 4 Year(s)

Free Advice Given: 409

View All Answers
090d5a222e6f7cab9481bb4042a79c69.webp
Nirmal Chopra

Dr

New Delhi

Experience: 21 Year(s)

Free Advice Given: 389

View All Answers
443f954fc1289753953d236b49cdf66a.jpg
J S Pawar

Lawyer

Mumbai

Experience: 4 Year(s)

Free Advice Given: 361

View All Answers
c48c394179eb5d82a1140ede15febea1.webp
Ashish K Dongre

Advocate

Thane

Experience: 13 Year(s)

Free Advice Given: 349

View All Answers
365c3942034dac70476c492af828705e.jpg
Sanjay Kumar Jha

Advocate

Patna

Experience: 18 Year(s)

Free Advice Given: 331

View All Answers
46ff77e9b7358b76ae473e673378e102.webp
Vishwabandhu

SENIOR LAWYER

Jabalpur

Experience: 39 Year(s)

Free Advice Given: 291

View All Answers
3d468e1c95191b06fce7.webp
Johnson Thangiah

Advocate / Trial Advocate

Tirunelveli

Experience: 19 Year(s)

Free Advice Given: 282

View All Answers
cc45cf3809e36f0032b274972c66f02c.webp
Mohd Imran

Advocate

Faridabad

Experience: 5 Year(s)

Free Advice Given: 262

View All Answers
ed97dd09ba2326865a4467cbb2e8877b.webp
Manjula Shanmugasundaram

Advocate

Chennai

Experience: 19 Year(s)

Free Advice Given: 252

View All Answers
U00070524.webp
Sunil Kumar Singh

Lawyer,Attorney,Solicitor

Kanpur

Experience: 18 Year(s)

Free Advice Given: 242

View All Answers
5a5b9936694f43a22e8d1af5799fd4ac.jpg
Junaid Ali Khan

Advocate

New Delhi

Experience: 3 Year(s)

Free Advice Given: 199

View All Answers
e38a8f956f9fe427a840d3e190512525.jpg
Rajeev RJ

Advocate

Thiruvananthapuram

Experience: 18 Year(s)

Free Advice Given: 198

View All Answers
53ea18c7c1376b373b77335fd353dcd6.jpg
Simi Paul

Advocate

Kolkata

Experience: 1 Year(s)

Free Advice Given: 146

View All Answers

Are you looking for Lawyer ?

  • To File a Case
  • To Send /Respond to Legal Notice
  • To Defend a Case
  • To Draft/Review a Document/Agreement
  • To Represent an ongoing Case
  • For Registration Services
  • For Legal Opinion

post your matterPost Your Matter

Need a Quick Legal Advice NOW?

Don’t want to wait! Call at the toll free
number and get a call from an expert Lawyer
within an hour!

talk to lawyer7604047601

Download the Clients App on

Vidhikarya App on Android Platform

Contact Details

7604047602
[email protected]
505-A, Terminus Building,
Newtown, Action Area I,
Kolkata 700156

Download the Lawyers App on

Vidhikarya App on Android Platform

Certified by Startup India, DPIIT

startUpIndia

Payment secured by :

PayUMoney PayPal net banking
visa master maestro