Apni Law Staff asked 9 months ago
Our housing society in Bangalore, registered under the Karnataka Society Registration Act of 1960, was developed through a Joint Development Agreement between the builder and the landowner. While the builder has 140 flats and the landowner has 60, leaving a total of 200 flats, some units remain unsold (around 25 by the builder and 30 by the landowner). The landowner has registered two flats in his son’s name, and his son resides in them. Now, the landowner is demanding membership in the society for all 30 unsold flats, claiming ownership and wanting 30 votes in the general body meetings.
Our questions are:
1. Can the landowner and/or builder be members of the association based on unsold flats?
2. Should they have voting rights equivalent to the number of unsold flats, one vote each, or no votes at all?
3. Can the landowner’s presence be counted as 30 members for quorum purposes if he gets 30 votes?
We’ve maintained that the landowner has only two voting rights as he’s registered only two flats and resides in them. He argues that the Joint Development Agreement grants him ownership of all unsold flats. This raises the issue of the builder’s membership and voting rights as well.
We want to ensure fairness and avoid denying anyone their legal rights.
A) What approach should we take?
What property documents prove their right to membership? Currently, we require the first page of the registered sale deed from other residents to verify ownership.
Best Answer
Apni Law Staff answered 9 months ago
Under the Karnataka Society Registration Act, membership and voting rights are typically granted to owners of registered flats. The Joint Development Agreement may grant ownership of unsold flats, but the landowner’s son’s residence only establishes membership for those two flats. To determine the rights of the landowner and builder regarding unsold flats, you should consult the Joint Development Agreement and seek legal advice.
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