If a landowner has a right to gain RWA membership?
We have formed a resident welfare association (RWA) under Karnataka Society Registration Act 1960 (act 17 of 1960) .The builder and landowner executed Joint Development agreement (JDA) to develop this property. The Builder had 147 flats and land owner have 63 flats which makes total 210 flats . Both the landowner and builder sold flats but few are left (approx 30 by landowner and 25 by builder are unsold flats ) . Now, the land owner had registered 2 flats in his son name and his son is staying in there, and 30 of them from his share are still unsold.
Now the land owner is asking us to make him a member of society, by giving a membership fee for all 30 flats, as he says that he is the owner of the unsold flats and wants to have 30 votes in the general body meeting.
My Questions are:
1) Can the landowner and/or Builder become the member of the association by virtue of the unsold flats?
2) Will the land owner and/or builder have voting right equal to number of unsold flats or one vote or zero vote?
3) If he gets 30 votes can his presence be taken as presence of 30 members while counting for the Quorum? Till now we have made our position that since landowner had not registered all his remaining flat ,and that he is resident of only 2 flats he have only 2 voting right but he is contesting this by saying that he had all the remaining flat property as his own by virtue of the Joint Development agreement with the builder. We are not allowing the builder to become the member but by this argument builder also should have the membership and voting right.
We don't want to deny anybody their legal right. A) What position should we take B) What property document allow them to get the right to membership. Today, for other residents we are asking the first page of the â€œregistered sale deedâ€ as proof of the ownership.
Yes the builder can be a member of association on account of unsold flats. If all the flats are in one name only then builder would have one vote. It would be taken as presence of one member. You cannot deny a builder membership of the association. Contact a local lawyer, it is also necessary to go through the bylaws adopted by the association to advice further.
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