Managing committee admission

Querist : Anonymous (Querist) 27 June 2024 This query is : Resolved
In Maharashtra, the eligibility criteria for a committee member in a cooperative housing society are governed by the Maharashtra Cooperative Societies Act, 1960, and the Model Bye-laws of the Cooperative Housing Societies. Here's a detailed look at each scenario based on the standard provisions:

Generally, a committee member should be a resident of the state where the cooperative housing society is located.
If a committee member stays outside Maharashtra, they typically do not qualify to be a member of the managing committee.

As per the Model Bye-laws, if a committee member is absent for three consecutive meetings without prior intimation or valid reason, they may be considered for removal from the committee.

Holding dual citizenship or dual passport can complicate matters. Indian laws typically do not recognize dual citizenship. If a member has dual citizenship, it could potentially disqualify him.

An Overseas Citizen of India (OCI) card holder is generally treated as a foreign national and might face restrictions in becoming a member of the managing committee.

Need clarifications as the society members are confused. Your advise/guidance will be of great help.

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In Maharashtra, eligibility for cooperative housing society committee membership is primarily governed by the Maharashtra Cooperative Societies Act, 1960, and the Model Bye-laws. Generally, members must be residents of Maharashtra. Absence from three consecutive meetings without valid reason can lead to removal. Dual citizenship or holding an Overseas Citizen of India (OCI) card may disqualify an individual from committee membership, as Indian law typically doesn't recognise dual citizenship and OCI cardholders are often treated as foreign nationals. It's crucial to consult your specific society's bylaws for precise rules, as these can sometimes offer variations, especially concerning members from other states or NRIs/NREs.

kavksatyanarayana (Expert) 27 June 2024
Only Indian citizens from any state can become committee members. But if a person from another state owns a flat in society and if he fails consecutively for 3 meetings to attend the meetings, the committee shall issue a notice and in AGM that member may be removed and a new member may be elected. However, it depends on the terms and conditions/rules and regulations of the bylaws of the society. So verify your society's bylaws.

T. Kalaiselvan, Advocate (Expert) 27 June 2024
The society bylaws are very clear hence you can follow the same as it is without getting confused or looking for any deviation or violation of prevailing laws.

Querist : Anonymous (Querist) 15 September 2024
Reference your above response can a NRE and Or NRI can be admitted in the committe if the Housing Society in Maharashtra.

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