Amit (cio) 03 January 2015

Rights of associate members in cooperative housing society

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) Attend AGM , Discuss , place opinion for any Points or resist any decision or Vote in AGM in Absence of First Share Holder in AGM.

Can I an Associate Member ( am not a Co Owner of property) can attend only AGM or all Meetings 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 an Associate Member ( am not a Co Owner of property) will 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 can First member issue a POA for Handling all Matters related to society.

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

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2 Replies

Mahesh ( ) 04 January 2015

As I understand, you can become AM with authorisation from your Mother provided you fulfill conditions mentioned in bye laws, by filling appropriate forms, paying requisite fee and finally subject to approval by Society. She can also authorise you to attend meetings and become committee member, subject to conditions mentioned in bye laws by filling appropriate forms and paying fee and approval by Society. Once this happens she can not take part in any activity like attending AGM etc. till this authorisation is withdrawn.

You can study bye laws, which are clear, to proceed further.

Regds.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 07 May 2015

You have asked many questions without numbering them. But for convenience I number my answers.

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Yes. You can attend and vote at all general meetings if your mother herself does not attend.
You can attend and vote at all meetings.
If either you or your mother attend/s, your mother will continue to be active member. Inactive member will not suffer any disability. The Assembly did not pass that condition.
It is not clear. Anyway do not worry about it.
An Associate Member can become member of the Managing Committee, if the Member abdicates for herself that privilege.