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Is online polling legal for the matters of registered society


02-Sep-2023 (In Civil Law)
Recently the MC of our Registered society decided that they would collect maintenance charges based on the area of the Apartment. Since the resolution was not passed in the General body meeting an online poll is being conducted to determine the same. Are online polls legal and also clarify if method of collecting common area maintenance charges based on size of apartment in order?
Answers (2)

Answer #1
519 votes
there is no rule which says that the society cannot have an online poll to determine the collection of maintenance charges, if its a decision which is agreed upon by all then yes it can happen and there should be no problems. the method of calculation of maintenance are as follows: Maintenance charges are charges collected by an apartment society to meet the cost of maintaining a housing society and the funds that may be required for major repairs in future. The primary methods to calculate maintenance charges are: (a) Per square foot – It is a fixed rate based on the super built-up area of a flat in the housing society. Here, the bigger the flat is, the higher the maintenance charge will be. It may become a bone of contention as the owner of a bigger flat may question as to why he/she should pay more for the same facilities being used by the owner of a smaller flat. (b) Equal fee – When the size of each flat is same, equal fee is collected from every owner; which is calculated by dividing the total cost by number of units. (c) Combined method – Combined method is when the above methods are combined. On one hand, the cost is calculated equally among all members, irrespective of the size of the flat. Then again, expenses are related to the size of the apartment and is calculated on the basis of the flat area.
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Answer #2
510 votes
online poll is illegal. The resolution should be passed in the presence of the members. online voting have not been made valid under societies registration act. Therefore you can pursue your matter by mentioning the same.
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