how to be a Associate Member in C.H.S. Ltd.
arun kumar
(Querist) 24 January 2016
This query is : Resolved
Respected Counsels,
I Arun Tiwari, aged 29, self employed hereby request you to provide your valuable opinion on my following query.
Sir/s,
I am living in a C.H.S. located in Thane wherein the flat is purchased by my father and my mother is nominee as they both are aged and mostly staying in native.
Due to this they are not able to look into society affairs and also the society never accepts me to take part in meeting as per rule.
Therefore i intend to become Associate Member in the society and my father is agree on that but the situation is my father had purchased the said flat on mortgage basis and all original documents along with Share Certificate are lying with the bank.
I request your advice that in this condition how i can become Associate Member of the Society.
P. Venu
(Expert) 25 January 2016
What do you mean by "my father had purchased the said flat on mortgage basis and all original documents along with Share Certificate are lying with the bank."?
arun kumar
(Querist) 25 January 2016
Sir,
To purchase the flat My father had taken mortgage loan from bank therefore the original documents in respect of the said flat are lying with the bank and the same will be given to us after completion of loan tenure.
Kishor Mehta
(Expert) 25 January 2016
Sir,
If the name of your father is in the register of members of the society, only Share certificate of the society is needed to enroll your name as an associate member.
Here under are the relevant sections of laws of the Model Bye-Laws of CHS of Maharashtra.
xxiv (b) "Associate Member" means a Members who holds the right, title and interest in the property individually or jointly with others, but whose name does not stand first in the share certificate;
.19 (b) An Individual, a Firm, a Company or a Body Corporate, registered under any Law for the time being in force, who/ which is eligible to be an Associate Member and who/which shall apply through Member in the prescribed form for such Membership, along with the entrance fee of Rs. 100/-, may be admitted as Associate Member by the Committee.
55. The person shall cease to be the Associate Member of the Society, when the Member, whose name stands first, ceases to be the Member of the Society or on the death of the Associate Member or on the acceptance of the resignation of the Associate Member by the Committee
105. At the General Body Meeting of the Society, every Active Member of the Society and in his absence, his Associate Member shall have one vote only.
The member and the Associate member should submit application in form as per APPENDIX- 5 [Under the Bye -law Nos. 19B & 19C] along with the prescribed fee of Rs.100/- and Share certificate for inclusion of the name of the proposed Associate member. The Associate member has the voting power,he/she can contest an election of the CHS and can be appointed to a post in the Managing committee.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 25 January 2016
Approach the Bank to release the share certificate for becoming the associate member, with undertaking to return the same after doing the needful.
arun kumar
(Querist) 26 January 2016
Dear Kishor and Rajendra Sir,
Thanks for giving prompt response my query is resolved.
arun kumar
(Querist) 26 January 2016
Dear Kishor and Rajendra Sir,
Thanks for giving prompt response my query is resolved.
T. Kalaiselvan, Advocate 
(Expert) 30 January 2016
