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Bryan   25 February 2022

Can a Real Estate Agent or his Family member be part of CHS Committee?

Hi,

I wanted to know if an Real Estate Agent or his Family member is eligible for becoming (if elected) part of Housing Society Managing Committee member ?

Won't it be a conflict of interest?

Is there any Law that restricts their participation in MC Elections? If yes, then kindly quote the Law (or Maharashtra govt order) that says so.

Please guide me in this regard.

Thanks 🙏


Learning

 10 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 February 2022

The newly amended section of the Act says thus:

154B-23(1)(ii) No person shall be eligible to be appointed, nominated, elected or co-opted for being Member of the Committee, if he carries on business of letting, sub-letting and selling of flats in the housing society of which he is a member.

According to the reading of the above section a real-estate agent who does not carry on business of letting, sub-letting and selling of flats in the housing society of which he is a member, but carries on the business in other societies can be a member of his Society's MC.

Bryan   28 February 2022

Many Thanks Ramani ji for your reply.

Appreciate you sharing the relevant Section of Law.

Thanks once again. 🙏

Sanjeev Goel   22 May 2022

Is this applicablr to a non registered real estate agent or only to registered agents like rera regustered

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 May 2022

It is applicable to all agents, whether registered or not. But in the case of an unregistered agent, he may claim that he is not an agent and you may have bring evidence.

Naganand Kailaje   14 October 2022

Can a relative of estate agent become a member of Managing Committee of Housing Society? Kindly guide.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 October 2022

There is no law, to the best of my knowledge, that prevents the relative of an estate agent from becoming an MC member, even if he is a benami for the real real etate agent. 

RAKESH RELAN   23 February 2023

If existing agent wants to leave the real estate business in the society and wants to be part of MC. Can he be allowed after taking an affidavit. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 March 2023

Real-Estate business is not a routine 9 to 5 work. He does the business only as and when occasion arises. If he had done business in the past in his own Society and if he gives an undertaking that he will no more do the business in his own society, he cannot be prevented in standing for election to MC in his own society.

JACINTO FERNANDES   07 June 2023

In a Cooperative housing society,

The Secretary  Mrs R Raman (Wife)  flat in her name 

Mr G Raman ( MC Member ) husband lives in one house in the bldg.   

The Mc Member Mr G Raman is an estate broker having his shop in the commercial shops and does business buying and selling via another agent. There is a lot of favouritism.

The question is can both be MC members Secretary and MC member   

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 June 2023

There is no law that prevents both husband and wife being MC members, if they have 2 separate flats under their respective ownerships. If Mr. G. Raman does not do broker business in his own name w.r.t. flats in his society there is no law to prevent him from becoming an MC member. All these wrong things happen due to the apathy of the members. No member wants to become member of the MC. So the wrong ones become member


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