Question related to maharashtra co -op housing society act , 1960

mahmood mithani (Querist) 13 December 2011 This query is : Resolved
Our society is located in mumbai - i am connected with the society matters since last 20 years - in our society no body is willing to take the post of secretary and all are insisting that i should take a post of secretary.
My question is since the flat is in the name of father - who is now 72 yrs old - willing to sign to any documents in my favour except property transfer - can i take the post of the secretary of the building.
if yes what is the procedure & what documents is to be executed

thnx

Follow Query

Report Abuse

DEFENSE ADVOCATE.-firmaction@g (Expert) 13 December 2011
Only your father can be secretary not you. More over now the model procedure prescribed by the Govt of Maharashtra is very strict. It puts vicarious liability on all members of the managing body for any lapses.

ajay sethi (Expert) 13 December 2011
your father is the owner of flat and not you . since you are not a member of the society you cannot be a secretary of the society .

make an application to society for being added as an associate member
The member, as well as the Associate Member, has to submit a form to the Society , along with the entrance fee .
Thereafter, the Society will endorse the applicant's name as an Associate Member on the Share Certificate, issued to the first member. The member, as well as an Associate Member, is, jointly and severally, liable to discharge the present and future liabilities of the Society. Normally, the right of attending the Annual General Body Meeting will ordinarily be exercised by the original member. If, however, the first member is unable to attend the General Body Meeting, then the Associate Member is entitled to attend, vote and participate at the Annual General Body Meeting. In view of the Amendment to Section 27(8), as amended in 1969, an Associate member can also vote and, even become an office bearer of the Society.

Raj Kumar Makkad (Expert) 13 December 2011
As you are not having any share in the society, you cannot become tis secretary, however, you can become associated member with the specific request of your father to the society but despite of that as per Societies Act as prevalent in Bombay, you cannot become office bearer thereto as having no right to caste your vote.

prabhakar singh (Expert) 14 December 2011
I too agree with the detailed advice of the experts.

AMAR RANU (Expert) 14 December 2011
You become associate member and as per MCS Act,1960,you can exercise all rights as member of the society and contest elections and become office bearer including secretary.There is no bar of any nature whatsoever.
Please remember that membership and ownership issues are poles apart.By virtue of you being associate member,you don't assume the role of ownership or co-ownership of your flat and that issue will be decided by your father,who is a sole owner of his flat.
As far as issue of execution of bond under M-20 is concerned,you should not worry,if you are not a racketeer and want to serve your society with sincere and clean intentions.
Only racketeers are afraid of M-20 bonds.

Guest (Expert) 14 December 2011
A non-existent member has no right to participate in the functioning of the society. Better act upon the advice of S/Shri Ajay Sethi and Amar Ranu.