At the outset, thanks for answering queries of general citizens like me. Please keep up the good work.
I am resident of a CHS in Thane, Maharashtra. My query is as follows:
I am residing in this flat since last 13 years. The flat is in name of my real elder brother (sole owner), that is, I am not even a co-owner of the flat.
Can I become an associate member of the society? If yes, which are the relevant forms to be submitted?
The current committee is not even giving me the form and saying I cannot apply for associate membership (of course my brother is ready to give any letter for the same).
In case, even after submitting the application, the committee rejects my application – what legal course can I take?
I C Naik
Associate Member is defined U/S 2(19)(b) as under:
(b) “associate member” means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate;
Your housing society appears to have registered bye-laws as per Model 2001. What I suggest you write a letter to the Secretary as provided under Rule 27 of the MCR 1961
Extracts from the MCR 1961 and the MCS Act 1960
The MCR 1961 Rule 27. Supply of copies of documents by societies and fees therefore:- (1) A member of a society requiring a copy of any of the documents mentioned in subsection (1) of Section 32 may apply to the society for the same. Every such application shall be accompanied by a deposit of such amount as may be decided by the committee for recovering the cost of preparing the copies according to the following scale, namely :-
(i) up to A4 Size paper-per page Rs. 2, and (ii) larger than A4 Size paper-per page Rs. 3
On receipt of the deposit, the society shall issue a receipt for the same.
(2) Where the copies are prepared, the amount due from the member according to the scale laid down in sub-rule (i) shall be retained by the society as copying fees and the surplus amount, if any. remaining Lout of the deposit shall be refunded to the member at the time of supplying copies. Where the amount deposited by the member is found to be insufficient to cover the copying fees, the member shall be called upon to pay the deficit before taking delivery of the copies .
(3) The copies shall be certified and signed as true copies by any person duly
authorised in this behalf by the committee or under the by-laws of the society.
The MCS Act 1960 Section 32 – Rights of members to see books, etc.
(1) Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.
(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed there for, a copy of any of the documents mentioned in the foregoing sub-section within one month from the date of payment of such fees.
In the registered bye laws of your housing society you will find form to be filled in by you to become Associate member. You wil also find what happens if the management committee does not act on your application and communicate its decision.
After this if you have any difficulty do write to me.
[1] For an arithmetical determination as per scale laid down in the Rule why the Committee should waste time?