Regarding representatives in housing society committee

Originally posted by : Manoj Tandel
	I have flats in cooperative housing society both in my name . I had demanded representation of myself and my wife both in housing society executive committee board . But society is refusing by saying that only one member from family can have representation in executive committee..

1. IF your Flats are in Maharashtra and IF such Flats are in a registered Coop. Hsg. Society, THEN:

a) IF Wife is First named holder in any one Flat no. 101, THEN she is legally entitled to be elected as a Mg.Committee member under membership of this Flat, without any legal reference to another Flat being held in First name of Husband.

b) IF Husband is First named holder in any one Flat no. 102, THEN he is legally entitled to be elected as a Mg.Committee member  under membership of this Flat, without any legal reference to another Flat being held in First name of Wife.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Go through the Byelaws of your society.

Originally posted by : Manoj Tandel
	Both flats are in my name

1. "IF" both Flats are in your name, THEN Wife  "CANNOT" have any right, whatsoever, to represent in the Society matters, in anyway, whatsoever.

2. However, under MCS Act, Rules & Bye Laws, therein, under bye law no. 19, you can execute bye law prescribed form no. 7 & 10A,  under the parameters of Section 27 r/w Rule 20, thus making your Wife as Associate Member, for one of the Flat, wherein Wife will derive limited authority to represent you for one of the Flats.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

I endorse expert advise of Mr. Hemant Agarwal.

Delhi Cooperative Societies Act, 2003 has similar provision./ law on the subject.

What is the basis for claiming membership/ representation by your wife who is not (NOT) a member/ titleholder of a flat in the Society ?

It is better and advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding 

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