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Author Topic: Illegal Provisions in the Owners Association Bye-Laws  (Read 390 times)

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Offline skannan19

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Illegal Provisions in the Owners Association Bye-Laws
« on: April 23, 2016, 05:01:06 PM »
We own two apartments in a gated community in Coimbatore. We have been registered as two members in the Owners association and we are paying maintenance charges for two apartments. (1) Yet in the Bye-Laws someone has introduced a clause that states .."Clause 8.1.2 : A member for purpose of election and voting in General Body Meeting shall be treated as one individual and shall have one vote irrespective of the number of units he may own in the complex"
Another Clause 7.9 , states  “If a member or corporate body owns more than one unit, the member is entitled to and shall be registered for membership for each of the unit separately”
I believe that it is doing injustice to us being owner of two flats. I also think these two clauses are contradicting and the clause 8.1.2 is superseded by clause 7.9 and thus we are eligible for two votes
Can you please advise ?
(2) The same Bye-law also negates the Quorum requirement for the AGM by stating as follows
"Clause 23 :The quorum for the General body meeting will be the presence of 15% of   members. In the absence of quorum the meeting shall be postponed by 30 minutes and conducted with available members present on the same day. The decisions taken in such AGM shall be valid."
I believe such a provision may be treated illegal. It has an inherent danger of altering the byelaws or conducting elections without proper number of representation, by a few members. It may result in undemocratic practice.
Can you please advise on both these matters ?
Thanks a lot.

Offline advgaurav.sharma

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Re: Illegal Provisions in the Owners Association Bye-Laws
« Reply #1 on: April 25, 2016, 12:58:51 AM »
you can challenge it, in the general body meeting first.
and call for a all member voting on this issue.

if you win than your desire shall prevail.

if even after that it is not implemented you can always go to court
Advocate Gaurav is a specialist in Trademark laws

Offline skannan19

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Re: Illegal Provisions in the Owners Association Bye-Laws
« Reply #2 on: April 27, 2016, 05:03:44 PM »
Thanks a lot Mr Sharma. Your response was helpful. Do you have a view on the second point ?

 

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