Maharashtra chs act & bye laws related question
Ajay Shah
(Querist) 27 August 2018
This query is : Resolved
Respected members,
I live in new mumbai and I own jointly flat with my wife.
1] I am primary member and she is associate member? If I give her authority to attend AGM, can she attend and voice her opinion on society matters?
2] Is conducting home tuition's at home allowed ? Can society stop from conducting home tuition? Is it considered Commercial Activity as per law?
Please guide
Kishor Mehta
(Expert) 27 August 2018
(1) YES, your wife can act on your behalf with your authority, she can vote as also stand for election, (2) Home tutions are not considered as commercial activities, however it will be advisable to assure the Society that no nuisance will be caused to the Society members and take permission to avoid unnecessary legal hassle.
Ajay Shah
(Querist) 28 August 2018
Mr Mehta, Thanks for your response, really appreciate it and it will help me a lot. Two more questions, if you allow me to ask:-
1). Whats difference between co owner and associate member? My wifes name comes at second place in share certificate, does that mean she is associate member and she can without any intimation to committee attend AGM and voice her opinion?
2). Regd home tuition, is there any �number� of students who comes for tuition decide whether its commercial or non commercial activity?
Regards
Ajay Shah
(Querist) 28 August 2018
Please guide me.
ashok kumar singh
(Expert) 28 August 2018
yes, she can attend meeting on your behalf and secondly home tution cannot termed as a commercial activities.
thanks
Ajay Shah
(Querist) 28 August 2018
Ashok sir, as per your reply my wife is Associate member because her name is there on share certificate since the time we bought this house, but why my society is not recognising this saying that she is just a co owner and can not attend AGM
Kishor Mehta
(Expert) 30 August 2018
As per the Maharashtra Co-operative Housing Societies Act 1999 only the first named person has the right to attend the AGM, vote at the election and/or contest the election. The first named person has to submit an application to allow the associate member to represent him. The second named person can represant him after the application, with a fee of ₹100/-, is submitted to the Managing Committee of the Society. The format of the form for Associate membership is given in the book of Bye-laws of the Maharashtra Co-operative Housing Societies Act 1999.
Kishor Mehta
(Expert) 30 August 2018
Sorry, the name is MODEL BYE � LAWS OF
COOPERATIVE HOUSING SOCIETY
2014.
