My name is Melwin and I’m a managing committee member of our society. Our society is comprised of only 26 flats. We are registered in Maharashtra and we come under Thane district. I have a query with reference to a defaulting member:
- a) Flat # 123 of our society is a defaulter. Maintenance of 7Lakh+ is due from them. We are speeding up the process of recovering the amount as per available paths.
- b) They have been served notices in the past with recovery officer designated by registrar. However, recovery did not materialize due to unknown reason.
- c) They are formally designated as non-active members since last 3 years.
- d) The flat is jointly held by husband and wife (husband 1st name and wife 2nd name in share certificate). However, wife has not filled up Associate Membership form and submitted Rs. 100/- for membership till date.
Recently, wife of owner of flat # 123 (wife name stands 2nd in share certificate) approached us to provide Associate Membership form which she wants to fill up and submit along with Rs. 100/- . However, as they are defaulters, we as managing committee were of the view that we will not provide her the Associate Membership form as they are defaulters. We feel providing her the Associate Membership form is a type of benefit which they want to claim from the society. However, we are not sure if it is right to deny Associate Membership form.
Can you provide us some input if we as managing committee have the right to forbid in providing ‘Associate Membership’ form and admitting her as associate member?
We appreciate your feedback. Many thanks in advance.
I C Naik
Eligibility criterion for Associate membership are specified in registered bye laws and default in payment of society dues by the original member is not a disqualification for recommending otherwise eligible person to admit to Associate membership.
