I have a small query that can I act as a society member (as a secretary/ Chairman/ Treasurer) although I am not a regd member in society but my father and mother both own 1 flat each.
I would request you to reply.
I C Naik
- These three posts are held any member of the management Committee of housing society duly constituted in accordance with the provisions of the MCS Act 1960 the MCR 1961 and registered by laws of the concerned housing society. Office bearer is elected y such Committee.
- A contentious issue which was persisting still recently is as to whether a person admitted to Associate Membership of the Society against the application of a person by paying entrance fees of only Rs 100 can become a member of the Committee and eventually an office bearer.
- The Governor of the State of Maharashtra has promulgated an Ordinance on 8th of this month amending the THE MCS ACT 1960 Act inserting an exclusive chapter on Cooperative Housing Societies Sections 154B1-154B-31. In the definition clause No 18(a) of Section 154B-1 the Associate member is redefined as under:
“Associate Member” means husband, wife, father, brother, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, nephew, niece person duly admitted to Membership of a housing society on written recommendation of a Member to exercise his rights and duties with his written prior consent and whose name does not stand in the share certificate”
- As for rights of “Associate Member” clause
(6) of Section 154B-10 provides; “The Associate Member shall have right to contest the election to the Committee with prior written consent of a member”.
As per new Section 154B(1) the existing Section 24(2)of THE MCS ACT 1960 Act continues to apply to housing societies. It provides that “an associate member, may, … have such privileges and rights and be subject to such liabilities of a member, as may be specified in the by-laws of the society.
Model by-laws (1984-2001,2009 & 2014) do not confer any right to Associate except that of attending general body meeting in the absence of a member.
The legal position is:
Section 154B-10(6) concedes to Associate a right to join the committee but Section 24(2)Plus Model by-laws as may have been registered/adopted does not permit Associate joining a Committee.
If your Society’s MC is amenable go for amending the registered by-law as per procedure laid down in Section 13 (which continues to apply to chs). It requires resolution of General body meeting passed with 2/3 majority (Rule 12 and registered by-laws).