Short Answer

Non-resident flat owners can maintain membership and voting rights through proxy as per the Gujarat Cooperative Societies Act, 1961.

Detailed Explanation

Section 27 of the Gujarat Cooperative Societies Act, 1961 allows for the appointment of a proxy by a member who is unable to attend meetings. This proxy can exercise the same rights as the member, including voting rights. The member must notify the society in writing about the appointment of the proxy, specifying the duration and purpose. This provision ensures that non-resident flat owners can still actively participate in the decision-making processes of the cooperative society.

Furthermore, Rule 34 of the Gujarat Cooperative Societies Rules, 1965 details the procedure for appointing a proxy. The member must submit a written notice to the society at least 48 hours before the meeting, specifying the name of the proxy. The proxy must also be a member of the same society. This rule ensures transparency and accountability in the proxy appointment process.

In practice, non-resident flat owners can appoint a trusted individual as their proxy to represent their interests in society meetings. This mechanism enables them to have a say in important matters affecting their property and investments. For example, if a non-resident flat owner is unable to attend an Annual General Meeting, they can appoint a proxy to vote on their behalf regarding budget approvals or committee elections.

In another scenario, if a non-resident flat owner wants to raise a specific issue during a society meeting but cannot be present, they can delegate this responsibility to their proxy. This ensures that their concerns are addressed and considered during the decision-making process.

Overall, the provisions in the Gujarat Cooperative Societies Act and Rules regarding proxy appointments empower non-resident flat owners to actively participate in the governance of cooperative societies, safeguarding their membership and voting rights.

References

• Section 27 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 34 of the Gujarat Cooperative Societies Rules, 1965: Official PDF