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Gaurav Kapadia   16 June 2024

Inclusion of new members in society – clarification required

I recently purchased a flat in a redevelopment project in Mumbai, where the distribution of flats is 50% for old members and 50% new flats sold by the builder. The existing society will continue to function, and the current management committee has begun the process of adding new members to the society.

The society’s management committee has appointed an agency to handle the approval process for our new memberships within the existing, fully occupied society. The agency is charging Rs. 3500 per member for document preparation, including stamp duty. We have the following queries:

1. Charges Assessment: Is the charge of Rs. 3500 per member a reasonable fee for the services provided by the agency, including document preparation and stamp costs? If not, what would be considered an appropriate charge for these services?

2. Process for Adding New Members: What is the correct process for adding new members to an already established and occupied society? We would like to understand the necessary legal steps and documentation required to ensure compliance with applicable regulations.

3. Direct Management by Committee. Can the management committee handle the process of admitting new members directly, without involving an intermediary agency? If so, what would be the minimal cost and steps involved in this direct approach?


Your advice on the reasonableness of the charges and the feasibility of managing the membership approval process internally would be greatly appreciated.

Thank you for your guidance.


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     16 June 2024

1. The agency's charges are approved by the society when the tender is called for. So may peruse the conditions imposed by the society to the agency in this regard.

2. The usual procedures adopted in the normal course for admitting a new member will be same procedure in this also.

3. It can be decided by the management committee by passing a resolution in a meeting in this regard.

kavksatyanarayana (subregistrar/supdt.(retired))     16 June 2024

The present Committee of the society shall admit the new members after passing a resolution in the General Body Meeting. The charges will be levied as per the terms and conditions of the society's bylaws.  You shall pursue the bylaws of the society for charges.

Dr. J C Vashista (Advocate )     17 June 2024

Is it a cooperative society or some type of association, where rules differ on the subject.

However,no new member can be inducted in a cooperative society without change of its Bye-Laws. 

If it is an association what is provided / prescribed in its Memorendum and Articles of Association on the subject ???

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