Can a outsider be a committe member in chs
Arbaz
(Querist) 21 August 2013
This query is : Resolved
My Uncle is a tenant in our Bldg, and he was secretary of the same Co-operative housing Society for tenure of 1 year , with Significant progress , but in this Annual General Meeting , 95% of the votes were in favor of him to continue with the post but still the legal representative of the CHS argued that he is an "OUTSIDER" and hence cant be a Committee Member according to the law (Secretary/Chairmen/Treasurer). so is it possible to be a Committee Member who doesn't own flat.
so i would like to request Experts to answer my question by specifying the exact laws and related law.
P.S: 2 Flats in the same bldg belongs to her sisters
ajay sethi
(Expert) 21 August 2013
no he cannot be a committee member . it is necessary that committee member is a member of society then only he can stand for elections
Arbaz
(Querist) 21 August 2013
Then on what basis the society had appointed him as Secretary Before
Rajendra K Goyal
(Expert) 21 August 2013
If some irregularity happened that does not become rule / law.
Society better knows how he was secretary?
Kishor Mehta
(Expert) 22 August 2013
Sir/s,
With due respect to all, I beg to differ and would like to inform that an Associate member can represent the original member, and write further to explain as under:
Only the First Registered Member of the Society can appoint or nominate an "Associate Member" giving a "Representation Power" by awarding and executing “Simple Power of Attorney". The Second or subsequent Registered Member if any, does not have any power to nominate an "Associate Member".
However, the tenure of Associate member is co-terminus with the death of the First Registered Member. The Second Registered Member cannot replace the First Registered Member and bestow any "Representation Power" or “Simple Power of Attorney" to that Associate member at any point of time.
The Associate Member can vote, contest elections and attend the AGM/SPGM with prior consent of the First Registered Member in writing. This pleasure is valid till his Associate membership is continued and it is invalided if the First Registered Member decides to withdraw or cancel the Associate membership.
It is mandatory for the Managing Committee to include the name of the "Associate Member" in the share certificate and mention the word "Associate Member".
Good Luck,
Kishor Mehta
