Alvito
My wife is the sole owner of the flat. Since the members found my importance of being on the Managing Committee, I thought is fit to ask you this question that since I am not a member of the society, they need me to be on the Managing Committee. My wife agrees me being elected the Managing Committee. How do I go about the legal procedures to be a member of the Managing Committee?
I C Naik
There are two routes. Since your value has been recognised by the Committee check if you fit in to following characteristics namely “Section 73AAA (2) The Committee may co-opt “expert directors” relating to the objects and activities undertaken by the society:
Provided that, the number of expert directors shall not exceed two, in addition to the maximum twenty-one members of the committee as specified in first proviso of sub-section (1):
Provided also that, such expert directors shall not have the right to vote at any election of the society and shall not be eligible to be elected as office bearers of the committee.
The Other route is some what complex and time consuming: There is one bye law ( No.27 as per Model 1984 and 25 as per other Models) reading as under
“No Associate Member shall have any rights or privileges of an active Member except as provided under Section 27(2)
Section 27(2) permits Associate to attend General Body Meeting and vote if the original member is absent.
So your Society has to amend this bye law to allow an Associate member to join the managing committee as a member. You can become even a Chairman.
There is a conflicting clause in bye law No 117 for members to join a committee laying down disqualification which reads as under:
“In case of an Associate Member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the Member ” The Original member refrains from actively participating in meetings etc in favour of the Associate Member. Many Societies are taking advantage of this conflicting bye law though strictly not right and as long as it is not contested it goes through.
So you become an Associate Member paying Rs 100 as Entrance fee and making application in the form prescribed under bye Laws and you can even become a chairman.