progress

We Run Societies

What are the rights of Associate Member in Co-op Housing Society


03 January 2015 Amit Khandelwal, Mumbai

My Mother Owns a Residential Property in Mumbai Suburb. She is the Sole Owner of the property.

Can my Mother Make me Associate Member of Society even if i am not the joint owner of the property by just paying Rs 100 enterance Fee, Application Form and Consent from Mother.

Can I an Associate Member ( am not a Co Owner of property) in Absence of First Share Holder in an AGM Attend it , take part in any Discussions in it , place my opinion for any Points or have right to speak in any matter of it or Vote in that AGM .

Can I an Associate Member ( am not a Co Owner of property) can attend only AGM or all Meetings in which First Member is allowed to attend like SGM and Emergency meetings in Absence of First Member

Now in new Bye Law atleast One AGM is must in 5 years to remain Active and avoid expulsion. If the First Member don't attend a Single AGM in 5 years and In his absence Associate Member Attends atleast one AGM then will the First Member be considered a Active member or Non Active member.

This Bye Law of atleast One AGM is must in 5 years to remain Active will be considered after 2014 or the attendenace prior to 2014 will be considered.

I as an Associate Member ( am not a Co Owner of property) c an not have any priviledge of Member by default. Can First Member Give consent letter to Associate Member with complete authority to do all acts of society such as Applications , Representations , Getting any information of society or any matters in absensce of First Member or can a First member issue a POA to Associate Member for Handling all Matters related to society.

Can an Associate Member ( am not a Co Owner of property) contest Election and Hold Position in Mananging Commitee if full consent given by First member

Related to society member


Add comment


Post

Comments (39)


  1. Societyhive support
    06 January 2015

    Dear Amit,

    Yes, your mother can make you an associate member of the cooperative society.

    Yes, you can attend the AGM after you're made an associate member

    Yes, you can vote on behalf of your mother at the cooperative society elections

    However, you cannot contest election or hold position in the managing committee.

    Answer
  2. subfam
    21 February 2015

    Associate member can be part of managing panel
    Kalpit Mankikar, TNN | Feb 2, 2015, 04.44AM IST
    inShare
    MUMBAI: The state cooperative election authority (SCEA) has clarified that a housing society's associate members can be part of the managing committee. This will be a shot in the arm for old cooperative housing societies as more residents can participate in their housing complex's affairs.

    In many old societies, senior citizens owned flats but would not show interest, and associate members were barred from participating in managing committee proceedings.

    Section 2 (19) of the Maharashtra Cooperative Societies Act says an associate member jointly holds a share of the society with others, but whose name is not first in the share certificate. Rule 56M of the Maharashtra Cooperative Societies Rules, 1961, and Section 2 (19) (b) of the Maharashtra Cooperative Societies Act, 1960, state an associate member can vote and participate in elections but cannot become an office-bearer of the society where his name appears as an associate member in the society register.
    The SCEA had said in November 2014 that associate members can participate in elections but was silent on whether they could be office-bearers.

    "With consent of the original owner (whose name is first in the share certificate), an associate member can participate in elections and join the managing committee, provided his name is on the share certificate," said Shrikrushna Wadekar, assistant state cooperative election commissioner.

    "Many people don't put their children's names in the share certificate as they fear it will pose a problem to mortgage the property. The SCEA has clarified that a person whose name comes second in the share certificate is deemed co-owner of the flat, and thus can contest and be part of the managing panel," said Ramesh Prabhu, president, Affordable Housing Welfare Organization of India. The SCEA had in November 2014 told housing societies to elect management committees by December 31. The deadline was later advanced to June 30.

  3. Pinakin Soni
    22 April 2015

    Ours is a federation of 5 societies.
    Each society is reprersented in the federation managing committee by 3 members of the managing committee of one of the society.
    Can a person who is not a member nor an associate member but by making him a nominal member can the society get him to represent in the Federation for the same society.
    How can he made the nominal member and what are his rights & powers for operations in the Society.
    Kindly give your opinion for the above querry.

  4. Kripa Contractor
    27 June 2015

    Can a person who is not a co-owner of a flat become an Associate member? Moreover can such a person hold a position in the Managing Committee?

  5. suresh hasija
    30 August 2015

    Dear respected sir the resdience premises and share certificate is in my son name can i or my wife or both staying together with our son with his permission can become associate member and if yes what is the latest procedure to do so please reply thanking you.

  6. Sudhir Gala
    13 September 2015

    Can an Associate Member participate in or contest for Redevelopment Committee of the Registerted Co-op. Housing soc. ?

  7. mekala Yadav
    23 October 2015

    In our sosiety first AGM a member is absent and the same member is got selected as a managing committee member an designated as treasurer of the society is it correct?

  8. Mangala shankar
    01 November 2015

    My sister is owner of the flat and if she wants to make her only son
    as associate member is there any risk for her ownership of the flat
    As she is a widow and a retired teacher she is afraid of making her son
    as associate member But her son is forcing her to make him as associate member

  9. Satish V Jadhav
    05 November 2015

    What are the rights of Associate Members.
    Whether the flat can attach from court of law due to illegal act (fraud) from Associate member

  10. Societyhive support
    08 November 2015

    @ Kripa Contractor:
    A co-owner is automatically an associate member and can stand for election subject to first owner giving NOC under Appendix 10 A

    @ suresh hasija, @ Mangala shankar:

    Associate member has only right to attend meetings and vote therein for resolutions in the absence of the member by filling an associate membership form and giving Rs 100/-

    But a co-owner has full rights as a normal owner/member
    In your case you decide what you want if full right you have to be a co owner by your son giving you a part of the flat % of his share by paying requisite stamp duty/LBT and registration as applicable

    @ Sudhir Gala:
    Not if a Rs 100/- associate member a co owner can in absence of the first owner

    @ mekala Yadav:
    Yes, if he is designated at first AGM but if absent he should give his consent in writing

    @ Satish V Jadhav:
    If co-owner yes

  11. T.P. Viswanathn
    16 December 2015

    A property lawyer in Mulund East, Mumbai says 'co-ownership' of the property is a must for becoming associate member of a housing co-operative. Section 27(2) does not say so,. It says the associate members should hold a share of the society. That is done in any case,. What is the factual provision??

  12. MUKESH OCHANI
    29 January 2016

    After the amendments to the Act and after official text of the revised bye-laws (2014) the matter of associate membership is a bit confusing and in my opinion contradictory; as the bye-laws says that an associate member means a person who hold right title & interest in the property jointly with the primary member/owner whereas there is no such mention in the amended Act, 1960. Moreover under the revised bye-laws an amended application for associate membership is made available (Appendix-5 under bye-law no. 19b) wherein the applicant shall declare whether he has purchased/own property jointly with the first member or not. The reason thereof is not clear - for 1) if a person not holding the property jointly cannot be a the associate member, the application form should be restricted to only such person holding property jointly and the need for such declaration should not arise and 2) because bye-law no. 56 (revised) quotes that the associate member shall not cease to be associate member on cessation of the first member if the associate member jointly hold the right & title in the property (does this mean a person not holding property jointly, can be a associate member contrary to what is mentioned in the revised bye-laws (as particularly described above).

    Section 24 (notwithstanding anything contained in section 22) allows the society to admit any person as a associate member. Restriction of not having the right to vote or not being eligible to be a member of a Committee is limited only to a Nominal member as provided under section 27(8) and he word "Associate Member" was deleted from this section way long back.

    Section 27(2) entitles a associate member with right to vote in the absence of the Primary Member.

    It would be appreciated if the Department of Co-operation and the SCEA clarifies the actual status to eliminate the confusion within several housing societies and help them to follow what is legally correct.

    The above is only for the purpose of sharing my personal views and opinion and should not be put to use without taking proper legal guidance.

  13. Navin Kumar
    04 February 2016

    Property is in my fathers name, where i am staying with my family. Have been staying in fathers property now for almost 2 years.
    father is happily retired and stays with my brother. Society Election was done in May/june last year 2015 which i did not attend as was not aware of Associate Member.
    Pls guide me can i apply for Associate Member and attend the next AGM/SGM.

    I have a letter of consent seal & sign by my father authority to stay in that FLAT and take all decision on his behalf.
    pls guide if that is enough or may require any other documents.
    We have original sale dead/ but No Rental Agreement done since the property is in name of my father only.

    Trust me till date i was not aware of Associate member and wanted to communicate lot of things but and ideallly Association or so called Honorable member committee should suggest.
    Your valuable guidance is required.

  14. Navin Kumar
    04 February 2016

    Property is in my fathers name, where i am staying with my family. Have been staying in fathers property now for almost 2 years.
    father is happily retired and stays with my brother. Society Election was done in May/june last year 2015 which i did not attend as was not aware of Associate Member.
    Pls guide me can i apply for Associate Member and attend the next AGM/SGM.

    I have a letter of consent seal & sign by my father authority to stay in that FLAT and take all decision on his behalf.
    pls guide if that is enough or may require any other documents.
    We have original sale dead/ but No Rental Agreement done since the property is in name of my father only.

    Trust me till date i was not aware of Associate member and wanted to communicate lot of things but and ideallly Association or so called Honorable member committee should suggest.
    Your valuable guidance is required.

  15. T.P. Viswanathan
    04 February 2016

    You have to fill in a Form in Appendix 6 (Bye Law 19(b). It has to be signed by you as Associate Member and by your father as Original Member. You have to submit it to the Society Office along with fee of Rs.100/=. Suggest you first attach a xerox copy of the share certificate and tell the society that upon approval of his application, you will produce the original share certificate for endorsement and return. This is to ensure that the original share certificate does not get lost.

  16. Pratap Patil.
    05 February 2016

    Wife and husband holds Flat joinly . Wife name stands first in the Index2 and share certificate also .can husband contest an election for managing comittee.

  17. Pinakin Soni
    05 February 2016

    Dear All,

    The amended act specifically states that you have to be the co-owner of the Flat to become an associate member.
    The 1st owner gives the NOC by filling the requisite form to allow the 2nd co-owner to become an associate member.
    This practice is followed during the elections to the Managing Committee of any society.

  18. Pinakin Soni
    05 February 2016

    Dear All,

    The amended act specifically states that you have to be the co-owner of the Flat to become an associate member.
    The 1st owner gives the NOC by filling the requisite form to allow the 2nd co-owner to become an associate member.
    This practice is followed during the elections to the Managing Committee of any society.

  19. Navin Kumar
    14 February 2016

    Property is solely my fathers name, where i am staying with my family. Have been staying in fathers property now for almost 2 years.
    father is happily retired and stays with my brother. Society Election was done in May/june last year 2015 which i did not attend as was not aware of Associate Member.power.
    Pls guide me can i apply for Associate Member and attend the next AGM/SGM.

    I have a letter of consent seal & sign by my father having full authority to stay in that FLAT and take all decision on his behalf.
    pls guide if that is enough or may require any other documents.
    We have original sale dead/ but No Rental Agreement done since the property is in name of my father only.

    Trust me till date i was not aware of Associate member and wanted to communicate lot of things but Sir last year Society Election was help in 2015 under the supervision of Hon High Court order.
    I read there all almost 60,000 registered housing societies in Mumbai out of them 40% did not had election past 6/7 years. Finally it was under the supervision of Hon High Court Order the society election to be finished in december 2014, extented till july 2015. ( Read in TOI new paper)
    Now office bearers are selected for another 3 years..in my society...
    Sir is it everywhere or Hon High Court has given this order of 3 years term..
    In Mumbai no one teches you, you have to learn yourself.

    Ideallly Association or so called Honorable member committee should have suggested me to apply for a Associate Memeber so that i could also participate in all meetings nd give my suggestions if required .
    Your valuable guidance is required.......
    Sir pls also guide what is share certidicate??????
    I would be greatful to you.

  20. Agashe Y A
    30 April 2016

    Hi..
    My father owns the property & I am co-member of the society.As well I have portion of the bungalow extended (after prior permission from the society) with my own funds. As per the new 'By-laws' can I attend & participate in the society meetings? Contest an election for managing committee?
    I have given the portion of the extended structure on rent can it be objectionable by the society?
    Can society discriminate & take objection on the tenant regarding 'married or unmarred','student or working, etc .

  21. Mukesh
    12 May 2016

    CAN flat owner who rented the flat is eligible to attend meeting AGM/SGM

  22. anant narayan bhave
    09 June 2016

    As per sec 22 of the ACT, a willing person ,aspiring to become an associate member ,should apply in writting with entrance fees ,as p his name on the reverse of the er byelaws adopted by it , and the Mg Com after verifications can allow the the said applicant to become an associate member, by entering his name therein, supported by a resolution of the mg. com, and after making the entry in the registrar of membersts.
    But this contradicts the rule that entry of a name on the sharecertificate makes the entrant a co-owner of the flat. So the associate member can lay his claim on the property of the memberallowing the entrant to be his asso. This anomaly needs to be removed at the earliest, by the appropriate authorities in govt. incharge of cooperative societies

  23. Rekha
    14 June 2016

    I am the First Owner of the Flat, whereas my Husband is the Second Owner. The Share Certificate stands in the same sequence. My question is can me as well as my Husband attend the General Body Meetings of the Society. Does the law prohibits the attendance of 2 members in the meeting.

  24. Prema Rodrigues
    09 September 2016

    My husband is. A member & is always travelling so he wants to make me associate member . Do I have to have some % share to become an associate member? Can I be a part of the management committee.

  25. gargi rao
    30 September 2016

    my mother is the owner on rs 100 stamp paper filled form as per rules name appears after my mother as associate member but for no proper reasoning the registrar k ward did not let me stand for election without any reason hence the commitee in sept 25 2016 did not allow me either to talk nor sign i just need a clarification am i a valid associate member or not as in redevlopment matter in process i may not know what and where to go my mother is quite old i find the registrar very unco operative and the others sitting in his office also un co operative 9892291386

  26. Mukesh Ochani
    17 October 2016

    I have already commented on this on 29.01.2016. Kindly refer the same.

  27. Balaji Purushothaman
    15 November 2016

    i am society secretary and an associate member. i have no share as my wife is the owner. so do have to resign from the post or just have the registration and stamp duty done.

  28. Jitesh
    24 January 2017

    I want to no about associated member can stand for election for managing committee. What is the procedure for that. And associated member can complaint against managing committee to the register office.

  29. jayashree oka
    23 March 2017

    can a associate member of a cooperative housing society donate to the society for cultural activity of the residents of the society go tax free as in the case of members donating to thwesociety go taxfree in eyes of income tax

  30. Rajendra Panchal
    20 April 2017

    I am coming owner of flat my wife's name appear first and my name appear second on share certificate can I become office bearer of scty after becoming associate member

  31. mukesh
    22 April 2017

    Hi,
    Our society have 7 different size area flats, society are forcefully started charging per sq feet now in stand of command maintenance.as common facilities shld be charged equally ,we have already register our objection want to know the bylaws with regards to this.
    Also want to know is there any provision in election to select building wise candidate. as we have 2 tower and 7 small builder and we always come into minorities.

    Thanks
    mukesh

  32. Bhushan
    21 June 2017

    Dear respected sir,
    We (mysefl and my wife) have purchased two properties (one bungalow and one flat) in one society at Sawantwadi, Maharashtra. These properties are in our joint name means we are the co owners. First name is of my wife and second is mine. Would like to know whether we both can be a member of the management committee of the society? Also let us know the procedure by which we both can become member of management committee of the society.

  33. haraj
    20 July 2017

    my housing society is inactive.....i was stationed on other city and my dad as well , my mom used to stay at flat under this housing society ...now we all moved to the same.....all bills are regular and paid on time..... society never conducted any meeting or agm....only 12 members....6 members sold their flats and new occupants are bad....many problems like parking...new members did not allow parking space....most of the foundermember owners vehicle are kept on road.

    land of the premise is on 30 year lease from corporation(nmc). which is due to expire on 3 years....new members intentionally took over and never submitted audit thus making it inactive as they wanted one builder to take over....now they are saying that new builder will take care of everything......they are proposing to dissolve old society and create a new one for the same......lease is under old society.....


    my concern is stop all this.....and make old society active. how to do that?....only want t make old society active and renew the lease......how to make old society active...any feasible law for the same......

  34. MUKESH KURAPATI
    29 July 2017

    Hi ,

    Our society has flats with 7 different area(size) viz. 449, 561,568,659, 669, (Ewing),704 and 808. In these cases committee should not go with majority for all decision ,else it will be unfair to large area flat owners as they always come under minority for any decision by voting
    .
    The builder had not completed water proofing to our building ( E wing) and committee had taken hand over with written pending list. Now builder was not ready to complete and repair the leakage problems started in our builders (Ewing),704 and 808 which damaging our internal flats. This was raised by member many times in AGM and SGM. The committee request voting in AGM/SGM for leakage repair but due to high cost expenditure (Rs.30lakh) and member always reject, we come under minority in society

    Please advice as per bylaw can we do anything to get this addressed or any other suitable option to use sinking fund without voting.

    Thanks,
    Mukesh Kurapati

  35. Ramnath Borkar
    31 January 2018

    Hi, married brother can stay in sister's flat or father and mother can stay in daughter's flat without giving any intimation to the Society. Society will charge non occupancy charges for the same ?

    thanks

  36. pooja
    20 February 2018

    My mother in law & father in law r holding an apartment in co-operative housing society in joint name. For some reason they are not willing to attend any society related meetings or other matters. Therefore they both wanted to appoint me & my husband for the same.
    1)what is the way out for this issue? Someone suggested us to become associate members.
    2)Is it necessary to have me & my husbands names on share certificate first and only then we are eligible to become associate members?
    3)What are rights & duties of Associate members?
    4)Do we get rights on property too if we become associate member ?
    5)Do we get rights if our names are written on share certificate?
    6)Can my Mother in law & Father in law remove our names from Share Certificate / Associate Membership anytime if they wish to?
    7)Procedure for becoming Associate Member and name enrollment in Share Certificate.
    Pl reply on poojarohera17@gmail.com

  37. Umesh hegde
    21 February 2018

    Is it necessary to inform sub registrar while appointing the standing committee to supervise and see the day today process of re development process

  38. TP Viswanathan
    03 May 2018

    The Dy. Registrar, T ward, Mumbai puts the rights of ASsociate Member well on par with the original member, irrespective of whether he is a joint holder of the property or a associate member by filling in a form and paying Rs.100/=. In one case he has encouraged a recalcitrant associate member to harass the Managing Committee by entertaining frivolous complaints and directing the MC to do things that are not provided in the Act and Rules. The tragedy is that the Dy. Registgrar openly said he had no time to even read the represenation of the Sociedty.

  39. Govindan Nair Nair
    2 weeks ago

    Ours is a 183 member CHS in vasai. One lady member submitted application to make her son an associate member, while son name is not in the sale agreement. Again, based on same premise (name of husband is not in sale agreement), we have another application from a lady member, to make her husband an associate member.

    Can we resolve cases to accept both cases to admit them as Associate Members?

  40. Disclaimer: We are providing this information as a public service. We try to make it accurate as of the date noted in the materials. Sometimes the laws change. We cannot promise that this information is always up-to-date and correct. You should consult your lawyer or contact our legal advisers and get into greater detail before taking legal action.