I shall appreciate very much if you could throw light on the Voting rights of society members . I have few interesting case , for which I find no answers either in the BYe Laws of society or in the Mah.Co-operative Act book.
My case is as below:
We have few members who own multiple flats and share certificates are issued in the resp.names .
Case 01:
- x) A flat owner has two flats , one in joint name with his wife and another flat joint name with his son. In both cases he is the first share holder.
- y) Now his son also has two flats , one on his name ( son ) and second on his company name , I think he is the proprietor
Case 02
z). Another member has two flats , flat nos. 22 and flat nos. 52 , But he is expired and his son is living in 53 . Here 52 and 53 are separate flats , flat no. ( 52 ) is 1000 sq.ft and second ( 53 ) is of 400 sq,ft . adjacent to each other but originally were built with two separate entrances. What the son has done is after his father death is joined both the flats ( 52 ) and ( 53 ) and removed one door and entrance and combined the two flats to Single flat with a single door.
Both Flat no. 22 and 52 are in the name of his expired father ( z ) and yet to be transferred awaiting court order for the will and 53 is in the name of the son ( p)
Question for Case 01 :The question is first owner ( x) claims since he has two flats , he has two votes .
His son ( y ) also claims that he too has two votes.
Question for Case 02 :In case of second owner (p) , he claims he has two votes for his flat 52 combined with 53.
Can you please guide me and offer your comments.
I C Naik
Answers:
- First owners ( x) and (y) holding occupancy rights in respect of two flats each are members of your housing society. They have one vote each.
- Person in occupation of two flats 52/53 upon his father’s has no voting right as he is not a member of the Society.
Are you likely to face arguments from these members? Just tell them this is my advice and if they have logic to convince me that my opinion is not in accordance with the MCS Act 1960 and bye-laws , I am prepared to change it. I do not think they would accept it without arguments and I welcome that. In fact they should not.
In case you want to take trouble to understand I will be too glad to explain the rationale of my opinion. But I would like to know how two votes demand is made?