In Maharashtra, condominiums are governed by the Maharashtra Apartment Ownership Act, 1970 (MAOA). Unlike cooperative housing societies, which are governed by the Maharashtra Cooperative Societies Act, condominiums function through Bye-Laws framed and adopted by the apartment owners under the MAOA. These Bye-Laws regulate the day-to-day administration, management, and governance of the condominium, including the election of the Board of Managers (equivalent to a Managing Committee in societies).
One common query raised in condominium elections is whether individuals other than the first-named apartment owner can vote or contest elections using authority letters issued by the first owner. Here’s a clear breakdown of the legal position and practical implications.
What Do the Bye-Laws Say?
The model bye-laws framed under the MAOA generally include specific provisions regarding:
- Who is eligible to vote
- Who is eligible to stand for election
- How votes can be cast and elections conducted
If the bye-laws clearly specify that only the first-named apartment owner is eligible to:
- Vote in general meetings
- Contest elections for the board of managers
…then any authority letter issued to a joint owner, spouse, family member, or tenant does not override the provisions of the bye-laws. Such action would be considered a violation of the condominium’s governing rules.
Can a Joint Owner or Other Individual Be Elected via Authority Letter?
No, not legally, if the bye-laws prohibit it. Even if the first-named owner gives an authority letter to another person:
- That person cannot contest the election
- That person cannot vote on the owner’s behalf
Any such election would be deemed invalid and challengeable by other apartment owners.
Legal Consequences of Violation
If the board of managers is elected in contravention of the bye-laws, such an election can be:
- Contested by any apartment owner through written complaint
- Challenged before the Registrar of Cooperative Societies, who has additional jurisdiction over condominiums under the Maharashtra Apartment Ownership Act
The registrar has the authority to:
- Call for re-election
- Declare such election as null and void
- Impose corrective measures on the board
What If Owners Want to Allow Proxy Participation or Joint Owners’ Involvement?
If apartment owners feel that joint owners or family members should be allowed to vote or contest via authority letters, the condominium must:
- Propose an amendment to the bye-laws at a general meeting
- Ensure the proposed change is approved by the required majority (as prescribed in the bye-laws or MAOA)
- Register the amended bye-laws with the competent authority
Only then will such participation become legally valid and binding.
Conclusion
Authority letters cannot override the bye-laws of a condominium. If the bye-laws restrict voting and contesting elections to the first-named apartment owner, such a rule is binding. Any election conducted in violation of this provision is liable to be declared invalid. To ensure compliance and fairness in the election process, condominiums must adhere strictly to their registered bye-laws or seek formal amendments through due legal process.
