Can a coop. housing society enroll new members
M Alam
(Querist) 27 April 2018
This query is : Resolved
Can a Coop. Housing Society enroll new members after the approval of managing commitee and after passing the resolution in the managing committee meeting. Is any other approval is required from any other authority in UP.
Isaac Gabriel
(Expert) 28 April 2018
No. one needt have a land/plot/flat to enrol as amember.
Ms.Usha Kapoor
(Expert) 28 April 2018
APART FROM THE ABOVE ADVICE OF ISSAC GABRIEL I'd like to add the following procedure to enroll new members.
C) Conditions for Membership
19. A) an individual who is eligible to be the member and who has applied for membership of the society in the prescribed form, may be admitted as member by the committee on complying with the following conditions:-
(i) He has fully paid the value of at least Ten shares of the society, along with his application for
Membership;
(ii) He has paid the entrance fee of Rs. 100/-, along with the application for membership;
(iii) he has given the application, as prescribed the particulars in regard to any house, plot or flat owned by him or any of the members of his family, anywhere in the area of operation of the society; -
(iv) He has given the undertaking in the prescribed form to the effect that he shall use the flat for the purpose for which it was purchased by him;
(v) He has furnished an undertaking in the prescribed form, if he has no independent source of
Income;
(vi) He has sent, along with the application for membership of the society, a certified copy of the
Agreement, duly stamped entered into by him with the Promoter (Builder) or transferor under Section 4 of the Ownership Flats Act;
(vii) He has furnished such other undertakings/declarations, in the prescribed forms as are required under any law for the time being in force and such other information as is required under the Bye-laws of the society along with the application for membership.
Note: (A) Theconditions at (iii), (iv), (v), and (vii) above shall not be applicable to the Promoter (Builder), applying for membership of the society, in respect of the unsold flats.
B) An individual, a firm, a company or a body corporate, registered under any law for the time being in force, who/which is eligible to be an associate member and who/which has made an application in the prescribed form for such membership, along with the entrance fee Of Rs. 100/-, may be admitted as such member by the Committee. Conditions of associate Membership of the society
C) A firm, company or any other body corporate, registered under any law for the time being in force,which is eligible to be a member of the society andwhich has made an application for membership of the society in the prescribed form may be admitted as a member by the Committee in the meeting of the societyon complying with the following conditions:-
(i) it has sent, along with application for membership of the society, a certified copy of the agreement duly stamped entered into by it, with the Promoter(Builder) or transferor under Section 4 of the Ownership Flats Act.1963 with certified copy of resolution of the firm or company as the case may, before authorizing to sign the application.
(ii) The firm or the company has complied with the conditions mentioned in the notifications, issued by the State Government, from time to time, under the Second Proviso to Section 22 of the Act.
(iii) The firm or the company has furnished the undertakings/declarations in the prescribed forms
Required under any law for the time being in force along with the application for membership.
Note: The conditions at (i) and (iii) shall not be applicable to the firm/company of the Promoter
(Builder), applying for membership of the society in respect of the unsold flats.
20. A sublettee, a licensee or a care-taker, or occupant who/which is eligible to be a nominal member and who shall apply through original member for such membership in the prescribed form, applicable to him/it, along with entrance fee of Rs. 100/- may be admitted as such member by the Committee.
21. The procedure for disposal of application for membership of the society, as laid under the bye-law No. 65 (a) to (g) shall be followed by the Secretary and the Committee of the society
