Criteria for society membership
Bajaj Sinha
(Querist) 22 April 2016
This query is : Resolved
Our society which has been formed 1+yr ago is asking for the following documents for society membership.
Extract from Bye Laws, No. 19: Condition for Membership (Point no. VI).
19. (C) Conditions for Membership
a. An individual / applicant who is eligible to be the Member and who has applied for Membership of the Society in the prescribed form, may admitted as Member by the Committee on complying with the following conditions :-
i. Applicant has fully tendered the value of at least Ten shares of the Society, along with his Application for Membership;
ii. Applicant has paid the Entrance Fee of Rs. 100/-, along with the Application for Membership;
iii. Applicant has submitted the application as prescribed, of the particulars in regard to any house, plot or flat owned by him or any of the Members of his family, anywhere in the area of operation of the Society;
iv. Applicant has submitted undertaking in the prescribed form to the effect that he shall use the flat / unit for the purpose for which it was purchased by him;
v. Applicant has furnished an undertaking in the prescribed form, if he / she has no independent source of income;
vi. applicant has submitted, along with the application for Membership of the Society, a certified copy of the agreement, duly stamped and registered entered into by him / her/ them with the Promoter Builder or Transferor under Section 4 of the Maharashtra Ownership of Flats Act;
My questions are:
1) is this something which the society should be getting from the builder as part of the handover?
2)why is a certified copy of the agreement needed which has personal information? Who will be responsible in case there is a data breach which is a big concern these days?
Kishor Mehta
(Expert) 23 April 2016
Sir,
It is made mandatory under the Bye-Laws of CHS for a person to submit the requested forms, payment of fees, and a copy of the sale deed to the society to become a registered member of the society.
Good Luck,
Kishor Mehta
P. Venu
(Expert) 23 April 2016
What is the real issue?
Anyhow, it is well settled that the bye-laws cannot overreach the ordinary rights of a private citizen unless statutory provisions so authorise.
Rajendra K Goyal
(Expert) 23 April 2016
What is the problem in providing the copy of agreement to the society, society may keep complete record.
