Who can become an associate member

kajaljaiswal (Querist) 22 October 2015 This query is : Resolved
Experts,
My query is regarding Co-operative Housing Societies. Who can become an associate member in a housing society in Maharashtra? Can a person who does not have his name in the Agreement for sale become an associate member?
Your Reply would be of a great help.

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Kishor Mehta (Expert) 23 October 2015
Madam,

Under Bye-Law no. 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.

The person has to submit form in Appendix 5 [Under the Bye-Law no 19(b) & 19(c)], duly signed by the First named member, along with the share certificate for inclusion of his/her name in it. This inclusion, however, does not give any right, title or interest in the share certificate or the flat, this is only to allow him/her to act on behalf of the member and represent him/her in the society.

As per Bye-Law no. 55:
Such 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,

However the associate member shall not cease to be Associate Member when the First Member ceases to be the member of the society if Associate Member holds title and interest in the property jointly with the member.

Good Luck,
Kishor Mehta

MAMTA (Expert) 23 October 2015
any person can be associate member subject to compliance of procedure of society bye laws

kajaljaiswal (Querist) 23 October 2015
So is it necessary that only that person can become an associate member whose name is in the Agreement? or any person, be it a family member or an outsider can become an associate member, of course with the permission of the member (owner)?

Kishor Mehta (Expert) 23 October 2015
Madam,

Please read my above explanation very carefully, the Associate member need not have his name in the Agreement to the flat. However his name should be incorporated in the share certificate of the society.

Please understand that this Associate membership does not endow any right, title or interest in the Share certificate or the flat to the Associate member.

Good Luck,
Kishor Mehta