Pankaj Shah
I am the owner of a flat in the Co-operative Housing Society in Mumbai, Maharashtra. Nine months in a year I am out of the country as I am settled in USA. In order to take care of my flat’s day to day activities I decided to appoint my daughter as an Associate Member. An application for Associate Membership was given to the society on November 14, 2014.Since there was no response from the society for more than six weeks a reminder was sent to them in December 2014 requesting them about the status of the application. In the society’s meeting held on December 28, 2014 the application was approved and the check for Rs.100 deposited and cleared by my bank.
On December 31,upon request by the society’s manger the original share certificate was handed over to the society for adding my daughter’s name as an Associate Member on the original share certificate. Since the society was delaying the matter under one pretext or the other, before leaving for USA on January 15 I sent them a letter requesting them to return my original share certificate immediately until they had reached a decision. The letter also stated that my wife would hand over the original once the society had reached a decision. Till date the society has not taken any action nor informed me in writing the cause of this unwanted delay.
I would appreciate if you immediately give me your views on the following.
1.The Society’s contention is that an outsider cannot be as Associate Member. Is this true in this case?
2.As I understand if the society does not respond within 90 days my daughter automatically becomes an Associate Member by default. Is this correct?
3.What right does the society have to withhold my original share certificate despite my request to return the same until final decision has been reached by the society.
4.Does calling back for the original share certificate in the absence of any decision on the part of the society cause my application to be null and void?
5.Who will be held responsible for any loss, damage, mutilation or changes on the original share certificate of mine which the society has not returned till date?
I C Naik
1.Choice of person to be made Associate rests with the Original member. There is no term like “Outsider” in the Bye Laws.
2.Your daughter is already an Associate member whether her name appears in the share certificate or not. It’s a procedural formality and not deciding factor on status of Associate Member.
3.Society is holding Share Certificate ( A piece of Paper on your behalf and the fact that it is in the Society office does not have any bearing on the status and rights of Associate Member or Original Member.
4.No it does not have any bearing.
5.If you could prove any loss to you, Committee members are jointly and severally liable to make it good as it is their negligence. Registrar has to be convinced about their negligence and loss to you.
This is a minor miss management by the Committee and you need not worry too much about it.