What is the definition of an associate member
Rikhav Thakkar
(Querist) 05 July 2021
This query is : Resolved
As per the latest co-operative housing society bye law 2020/2021,
1) what is the definition of an associate member?
2) Who can be an associate member?
3) what are the rights of an associate member?
4) Can an associate member context elections to become a committee member and become a post bearer (assuming s/he has a prior written consent from the primary owner of the flat?
5) Does his/her name have to be in the share certificate?
Request help to kindly get answers to these questions as per the latest bye laws. Request to refer to the bye law sections as well if possible.
Thanks!
P. Venu
(Expert) 06 July 2021
What are the facts? What is the context?
Rikhav Thakkar
(Querist) 06 July 2021
Dear Mr. Venu,
There is a confusion related to the definition of an Associate member and the society committee is saying that for non owner to contest the elections you should be an associate member and have name in the share certificate as a title, right/interest. However, we are have come across youtube videos which talks abt amendments of these definition which clearly states that associate members may not have a title/right/interest and does not have to have a name in the share certificate. The consent of the owner is required though in writing.
We would like to understand as per the latest amendments what is the right definition of Associate member and what are their rights including contesting of elections and becoming a post bearer.
Rikhav Thakkar
(Querist) 06 July 2021
This query has got resolved by mistake... it is still open
P. Venu
(Expert) 06 July 2021
Each State has its own law in dealing with Cooperative Societies, more particularly Housing Cooperative Societies.
T. Kalaiselvan, Advocate
(Expert) 08 July 2021
Associate Member” means husband, wife, father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, nephew, niece a person duly admitted to Membership of a housing society on written recommendation of a Member to exercise his rights and duties with his written prior consent and whose name stand as 2nd . in the share certificate.
Rights of Associate Members in Housing Society
Get a copy of all model bye-laws.
Inspect the books of the society without being charge any money to society.
Occupy the flats after consent of Original Member but will not have right, title and interest in the property.
Has the right to part of any events, celebrations etc. organized by society and also have equal rights to all the common spaces, parking slots, gym etc.
Has right to approach authorities for legal matter. Including Registrar, Co-operative Court, Municipal Corporation, Police, etc.
If 1st named member ceases to be the member due to death, resignation etc. Associate member will also be ceased to be an Associate Member unless he/she hold the interest in the property jointly.
Can contest the Managing Committee election, caste vote, attend the general body meeting, file the complaint etc.
Election rights
When it comes to election, under section 2 (19) Maharashtra Co-operative Societies Act give some rights to Associate Members.
Under Section 27 (2) If Original member (whose name stand first in Share certificate) is absent at the time of election, Associate member (whose name stand second in Share certificate) have right to vote.
