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Q.

If an owner hasn’t taken the customary membership of the owner’s association as in by law and has not put up with the corpus fund, be a member of the executive body of the association, and just before elections if he says he will pay the required amount to become a member to stand for the election can he do so?

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0 2022-06-29T18:04:05+00:00

An owners’ association is formed with a common objective which aims to generate the maintenance charges and work together for the welfare of the society. 

The members of such an association who have no dues left in contribution for common expenses within three months from the date of service of notice in writing are eligible to stand for the election.

 

Now, if we look at the case, we see that the owner has not participated to become a member of the owners’ association bye-law as well as he has not put up with the corpus fund, but he is a member of the executive body of an association and promises to pay the dues to stand in the election. 

To stand in the election, he needs to take care of the following, otherwise, he is not eligible for the same:

  • He needs to get his name registered in the Owners’ Association as it is mandatory for all owners of the apartment to become members of the association.

  • His dues must be clear within 3 months from the date of the notice served.

Therefore, if he fulfils the requirement, he will be eligible for the candidature.

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