Associate Members in Co-operative Housing Societies

We have noticed that many co-operative housing societies have either elected or co-opted Associate Members (by paying Rs.100/- as Associate Membership fee) on the managing committees. If you have any Associate Member as MC Member in your co-operative housing society, LODGE a formal complaint with Deputy Registrar / Assistant Registrar of your concerned ward immediately with the following reference and ask such MC Member to resign or get him / her dismissed. 

“Directive to be given to all co-operative Housing Societies in the Maharashtra State Under section 79 (A) of the Maharashtra Co-operative Societies Act, 1960.
In respect of applying Co-operative Housing Societies Manual
GOVERNMENT OF MAHARASHTRA
No. SAGRUYO-2011/PRA.KRA. 360/14-SA, Co operation, Marketing and Textile
Department,
Date 15th October, 2011

CHAPTER 3

MEMBER, MANAGING COMMITTEE AND RIGHTS AND DUTIES OF THE MEMBERS
3.1
Member
Types of membership

D)

  • Even though there is not mentioned the name as an owner in the purchase deed, the Associate  Membership can get by paying only admission fee and with the consent of the original member.In the absence of original member and with his consent associate member can attend the annual general body meeting, the associate member can take part in the election as a voter/ candidate. In case the associate member gets elected as a committee member, he becomes office bearer also.

A person, who became an Associate member by paying only admission fee, shall not get any rights in voting or election behalf the original member. It is necessary for the Associate member that his share/name is included in the ownership of property for holding share jointly.”

J.B.Patel (Jeby)
Housing Societies’ Activist!
Mobile:9820538570

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46 Comments on “Associate Members in Co-operative Housing Societies”

  1. Suhail Shahbazker says:

    My query is ; in my Society at present a member a member (not associate member) is co-opted (not elected) and is holding secretary’s post whereas in the newly amended MCS Act it says that Co-Opted member cannot vote to the Office bearers election. And if Co-Opted member cannot vote for office bearers election can co-opted member himself/herself hold the office bearers post i.e. can co-opted member become secretary.
    By the way thanks for your feed back which is really helping me

    • Suresh says:

      Dear Suhail,
      Have you received any reply for ” can co-opted member himself/herself hold the office bearers post i.e. can co-opted member become secretary ” , if so I am interested in knowing the same.
      Thanks
      Regards
      Suresh.

      • uday sampat says:

        At the time of election in our society in 2014 two associate members have contested in the said election and got elected. One of the such members became secretary and other one remained as normal managing committee member . Next year the auditors put a remark for an associate member became secretary that he is “no member” . Said member resigned from being a secretary but continued as normal member in committee and got his name on the share certificate by way of gift deed . Again after that he became Chairman in the committee and now pushing for various important appointments for redevelopment . Pl note that the said election was conducted under the supervision of registrar . Members of the society question on legitimacy of such a committee . You are requested to clarify . Thnx n rgds .

    • kiran waljee nanda says:

      The co-operative society is a legal entity. The office-bearers of co-operative society are elected members. They represent and make decisions on behalf of the co-op by carrying out the duties outlined in the General Body. Co-opted individuals are merely members and not office bearers. They are not elected. They do not have the mandate of the members. They are chosen or selected (co-opted) by the executive committee. They cannot take policy decision or sigh legal documents. The co-opted member is hand picked by the members of the committee to fill up an unexpected vacancy to execute sundry. This is my firm personal opinion. — Kiran Waljee Nanda

  2. Abhishek Jain says:

    I would like to an expert, what are the basic criteria for selection of CHS secretary. Further can be a CHS elected the secretary if he has join name agreement (Wife and husband) and he is the second person in that ?

  3. Satish bedi says:

    A person who is the joint flat owner but whose name does not stand first in share certificate can become associate member (AM) with the consent of the primary member(first name).

    If however the flat has only one owner/member,the owner can authorise any person to act as an associate member by making a declaration through FORM NO. 7 and 10 a of the bylaws.By this declaration the sole member is authorising the AM TO HOLD THE SHARES JOINTLY.However the AM does not have any right on the property.

    The concept of AM in para 2 above is very essential for single owners and who are retired,old,working away from flat location,defense personnel posted away and handicapped etc etc.

  4. harish says:

    Can an ASSOCIATE MEMBEr rent the FLAT without the consent of the 1st Owner and the 2nd owner

  5. prakash says:

    My query is: I am owner of flat in Nalasopara, but since last 2 yrs I am relocated in Gujarat for service. Hence unable to attained Monthly & Anual meeting held by society. Now society started to charge Rs. 200/GM & Rs. 100/AGM. When I asked to give me the afidavit or any legal GR copy which can support this recovery.

    Prakash

  6. Nikunj Patel says:

    My Mother-In-Law & my wife are 1st & 2nd joint flat owner resp.in Housing Society’s Let me know whether I, as son-In-Law can be an associate member of that society? If yes, what difference will it make if my wife, as a joint holder becomes Associate member? and what is the proceedure for the same?

    Please Reply.

  7. can an associate member become an office bearer?( Secretary/Treasurer/Chairman)

  8. Tushar Kanti Roychowdhury says:

    I Mr.Tushar Kanti Roychowdhury is residing in Recol Park Durgapur which comes under W.B co-op society.My mother was the member of the society .After my mother’s death the society made my elder brother, the member of the society without taking NOC from me.My mother made both me and my brother the nominee.Will the membership be declared as void?Also tell me shall I be declared as associated member with my brother.

  9. rafiq says:

    yes a co opted member has equal rights provided he is a bonafide member and he can hold any post of the office

  10. Sunita says:

    I have a query – The Co-op housing manual (latest version) allows for more than one associate members to be appointed but the CHS Bye laws of 2013 do not seem to mention this anywhere. Wanted to appoint two associate members (at any time any one officiating) so that at least one of them can attend a society meeting when myself and the other member is absent (eg in another city). As continued absence from a general body meeting also is penalized needed this facility to be provided to me. However my CHS managing committee is rather unsure about it despite showing them the CHS housing manual provisions. Am I also required to pay application fee of Rs . 100 for both members. Kindly do pls guide.

  11. Manoj Toke says:

    Can a co applicant of flat whose name stand in second (husband -first applicant- wife second applicant) ,became a member of committee or can he/she became bearer body member.
    And he/she can participate in voting

  12. Ajit K.Mathur says:

    Can an associate member become the chairman/secretary

    Can an associate member become the chairman/secretary An associate member under co-operative hosing society Act, who is not the owner or having a share in the flat prperty of the society, can vote, partipate and contest for election and become the chairman/secretary, if elected?.
    What is the implecation if an associate member describe above become the chairman? Pls explain the legal position in detail.

  13. nazia says:

    I live in a flat which is owned by my husband and his three brothers. Am I eligible to become a member of the society. what procedure is to be followed for the same.

  14. Bhalchandra Chauhdari says:

    How many members can become Associate member
    I wish to appoint my two sons on my behalf.

  15. digvijay says:

    can a family person participate/ attend the general body meeting

  16. Tanveer says:

    Can a person whos name does not reflect in Agreement not in the Share Certificate be admitted as associate member by filling appendix 7 and paying the entry fee.

  17. Kailas B says:

    Can somebody guide me on procedure of application for membership in case of a joint owners?
    I mean to say, The membership form shall contain name of only one member or both members,
    OR First member to apply for membership and second member shall apply for associate membership?

  18. Firoz says:

    A member who is holding the post of secretary in MC but not residing in the said society, Can he hold the post of secretary. He is residing at other place and not accessible easily.

    • KESAVAN A MENON says:

      He can provided he has to conduct regular Managing Committee meetings and other requirements of the society as per bye-laws. He should be part of all decisions taken by the Managing Committee during his absence the Chairman can conduct the meetings and convey the decisions taken by the Managing Committee ahd take his vetting.

  19. sunil gawarkar says:

    MY FLAT IS MOTHERS NAME I AM NOMINEES IN FLAT I TAKE SOCIETY ELECTION

  20. P.C.K Nair says:

    As per the new bye-law of the Co-Operative Societies, can the original member make any one as an associate member, who can attend meetings and vote in his absence. What are the restrictions / formalities for making a relative an associate member?

  21. Rajiv Kulkarni says:

    Our society have 16 original member’s. our society have row houses (chal type) . one of member have saled his first floor and he is leaving at groun floor. First floor owner is demanding for membership of society.Can society add his nme as co member.

    • KESAVAN A MENON says:

      How can one split the membership when there are only 16 chals registered with 16 bonafide members. He cant demand. Otherwise you have to surrender your membership.

  22. Society member says:

    Our Society @ Pune area was formed in 2004/2005, was being handled by Builder (in terms of issuing share certificate, NOC) as the builder hasn’t formed a working committee/managing committee or not filled positions in society (chairman, secretary, treasure and operating body). No single AGM conducted, no financial audit till date and not by-laws, audit or any reporting done so far. With efforts of few members and help of Sub-registrar handed over and took charge of society. The positions were filled but due to differences in few matters, Chairperson has resigned to secretary and sub-registrar office. Later Secretary sold his flat and left society (no idea about resignation). During this period one person started giving NOC for transfer of flat for sale and operated society bank account and this was not known to all members of society. Recently (3 months back) efforts were taken to form working committee but few members who were part of initial working committed pressurized members to withdraw nominations. Same has been communicated to sub-registrar office with voter list forms and requested for help. Meanwhile one of the building (say building # 1) decided to do the financial audit and consult with advocate to check if it is possible to form separate society of building # 1, as the flat owners from other buildings (total 3 building with 44 flats and 6 shops. Shops are under building # 1) are non-cooperating and creating hurdles, giving troubles to other member. there is a common toilet (as per builder it is for shops) which is locked by building # 2 as it is under that building and water supply is from there tank. All three building has separate entrance gate, electricity and water supply and from inception of building the monthly maintenance is managed individually by each building. Building # 1 has kept security guard where as others don’t have and services are limited to building #1.

    With such a complications, is it possible to form separate society of the building and what will be criteria and procedure for same?

  23. SWAPNIL says:

    IS IT NECESSARY OF THE CONSNET OF THE OTHER LEGAL HEIRS WHEN ONE SINGLE NOMINEE IS NOMINATED

  24. SWAPNIL says:

    ISSUE OF DUPLICATE SHARE CERTIFICATE DEAR SIR I HAVE SUBMITTED ALL THE RELEVANT DOCUMENTS TO THE SOCIETY FOR ISSUE OF DUPLICATE SHARE CERTIFICATE IN MY LATE GRANDFATHERS NAME WITH PUBLIC NOTICE IN NEWS PAPER, POLICE COMPLAINT, INDEMNITY BOND THEN ALSO SOCIETY IS NOT GIVING SAYING THAT ORGINAL SHARE CERTIFICATE IS IN POSSESSION OF OHTER LEGAL HEIRS THERE IS NO QUESTION FO GIVING DUPLICATE SHARE CERTIFICATE. IN THAT WHAT I SHOULD DO?

  25. prasad says:

    Can the co owners ( flat in the name of son first& father name appearing 2nd iin share certificate) both attend the annual society meeting
    Is it compulsory for one of the owner to fill up associate member form to the secretary or chairman of coop society

  26. Tony says:

    Dear team, In our society during the AGBM there is one particular member who disrupts the proceedings by asking irrelevant questions and does not agree to go by the agenda set by the committee. Is there any bye law that states that a member can be asked to either wait till the point of any points for discussion / or has to be asked to leave the meeting. Also only that member has given letters (irrelevant points/personal) to be discussed at the AGBM. Nothing is pertaining to accounts / working of the Committee or suggestions that would be in the interest of the society. Please guide.

  27. Melicher says:

    Can an Associate Member who is not the owner/coowner of the flat or nominee sign the MOFA agreement for redevelopment of the building? Will he then become the new owner of the flat? Unfortunately when one goes to sign the MOFA agreement the office does not ask for the orignal Registration document hence a lot of jugglery can take place.

  28. GVinod says:

    I wish to know what are the rules regarding co-opting members into the Management Committee of a CHS.
    Our CHS has between 50 to 100 flats so we need an MC of 7 members. Our MC comprises 7 members. However, we have co-opted two other members into the MC and they attend the MC meetings and also take on work for the running of the CHS. The co-option was done in an MC meeting in which both Secretary and Chairman were present. And this meeting was minuted.
    Recently some members objected – saying that co-opted members should not be allowed in on MC meetings. Their participation should be restricted to few issues only when their inputs are required. I read the bye-laws – and nowhere does it specifically state that the maximum number of MC members is 7 – or that co-option cannot be done if the MC has the requisite strength. My questions are:
    1. Can we co-opt members though MC has requisite number of members?
    2. If yes, how many can we co-opt?
    3. What role can they play in MC? Is their participation restricted in any way? Can they vote in MC matters?
    4. Which part of Bye-Laws deal with this issue? Please specify.

  29. veeyes1949 says:

    My query is whether an associate member as per new model bye law 118 can contest elections.
    Whether any member in the family of the permanent member can make complaints on the functioning of the society if he comes in the ambit of family.

  30. prakash says:

    my query is

    our flat is in the name of dad so he is the member of the society so as a son can i eligible to attend the annual general meeting of the society?

  31. yuvraj says:

    hi, Yuvraj here, i just want to know whether tenure is part of monthly meeting or give judgment in to meeting or can be attend a monthly meeting.

  32. joseph DSouza says:

    I am a co-owner. My wife is 1st owner. During the AGM managing committee did not allow me to speak. Co-owner has no right to raise queries during the meeting or give suggestions. Tried to talk in Hindi i.e. National Language but not allowed to talk in Hindi. 1st owner was also present during the meeting. Kindly reply

  33. Dharmendra says:

    I and my wife are joint owners of the flat. I am the first owner and she is the second owner can we both attend the AGM of our society. If she is allowed can you please confirm me the bylaw section.

  34. Rakesh Jain says:

    Hi, I and My Father had Booked a Plot in Housing Society, & Society done the registry both of us separately. but at time of Possession Society member telling that you can get only one Plot because you & your father address are same in both Registry. please suggest

  35. Shivaji Shinde says:

    Whether the associate members name can be written on backside of Share certificate.


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