Rights of an associate member in cooperative hsg society
sidd kumar
(Querist) 25 June 2014
This query is : Resolved
1. According to my friend an assocaite member in coopertaive housing society can sign a development agreement as signing of contracts is one of the rights he enjoys on behalf of the first member. He says an associate member has all the rights of a member except 'right to sell'. Right to develope or reconstruct or give contracts no where amounts to selling the premises or the shares of the owner Morever all the rents payments would go in the name of the first named member, hence there is no reason for him to take any power of attorney from the first member/owner.
Please enlighten if he is right. To me logically he appears right. However my society is insisting that I must get a POA on my name for signing the development agreement.
ajay sethi
(Expert) 25 June 2014
obtain POA for signing development agreement .
associate member can attend AGM , vote on resolutions provided he is duly authorised by the member . he cannot sign development agreement unless POA is given
Rajendra K Goyal
(Expert) 25 June 2014
Associate member can sign the development agreement if POA has been entrusted in his favor.
Dr J C Vashista
(Expert) 26 June 2014
1. Cooperative Societies Act/Rule is a state subject, be specific which state do you want to be queried since it may (generally do not) vary?
2. Pure academic query.
3. Voting right is only with a member and not an associate or joint member (almost all states).
4. Associate member is joined to provide consultancy to the Managing Committee (generally), without any right.
T. Kalaiselvan, Advocate
(Expert) 27 June 2014
I agree with the views of Dr. Vashista on the subject query, since it is a state subject, it depends that which state the querist belongs to, accordingly the Cooperative society rules will apply. Let the author furnish the details.
