Associate member

Under the Maharashtra Co-operative Societies Act, 1960, an Associate Member will have the right to vote at a General Meeting, as a proxy of the Member under Section- 27 and no other right. The Model Byelaws also say that an Associate Member will have no other right. But the Act itself says that an Associate Member can have such other right than that provided under the above Section, if such right has been provided for under the byelaws of the Society.

In order to become an Associate Member, not only one has to apply to the Managing Committee with the endorsement of the main Member, but application should also be approved by the Managing Committee at its meeting.

No waiting period has been stipulated, for a Member to be eligible to become a Managing Committee member. As an Associate Member can become a member of the MC, only if the byelaws give that right, it will depend on what the byelaw states, as for any waiting period.

Thanks..I have one more question related to society redevelopment. Do the minority has any right in redevelopment as soceity is not at all considering us. We have two request letter but not yet responded.  Attached file is self explanatory. Pls advise.

Dear Sir,

In our soceity, one of the member has given application for associate membership, he has filled up only form 10A and not other form. MC has accepted and taken him on the commitee. Is it valid? or one can challenge if yes, what are the formalities need to be completed... Thanks in advance.

·         Can the society go ahead for redevelopment without our consent?

·         Previously redevelopment could be done only if 100% of the members agreed. But recently there was a Mumbai High Court judgment saying that it would be enough if 70% of the members agree.

·         Can the developer evacuate us on the basis of consent given by all other society members?

·         If the developer or the Society tries to evict you, you can file a case of unfair treatment and seek a court injunction. After that it will take years for a judgment to be delivered. Your Society may try to avoid your going to court, even if their lawyer advises that they will win the case

·         Whom should we approach if society is not following GR and redevelopment guide line?

·         The municipality.

·         What if we approach to registrar?

·         You can send a complaint to the Assistant Registrar / Deputy Registrar in charge of your Ward. You mention that the Managing Committee is going ahead without convening a general body meeting and getting their approval. As I said above, more than 70% of the members should attend and vote in favor of the redevelopment. Also you can say that an architect has been appointed without the consent of the General Body and without taking proper advice regarding the availability of extra FSI etc.  

·         What if they manage registrar?  

·         You write to the Registrar without the knowledge of anyone. Your Managing Committee will be surprised, when they receive letter from the Registrar. Once the Registrar has written letter to the Managing Committee, it will be difficult for him to go back.

·         We have recently renovated our entire flat and done as per vastu shastra, secondly we have also spent lot of money for making garden / fencing and car parking, which eventually go waste. Can the developer compensate us by law?

·         Your spending money on garden and car park are illegal. Except your flat everything around belongs to the Society. You cannot do anything there without the Society’s consent. And the Society cannot give consent under law. You can claim compensation for the renovation of your flat. But it will depend on whether you had applied to the MC and they had given permission, how recently was the renovation done etc.

Where do we stand as per law?  What are our rights?

Most of what I have stated above, answers this question also. But a few things I say further. You have stated that all flats are residential flats. But you have also stated that your wife is doing travel business from the flat. Is it with the permission of the Society and the Municipality? Your wife doing business from the flat amounts to change of user and she cannot do it without the permission of the Society. Further you may be required to obtain a Registration Certificate under the Shops and Establishments Act, 1948. The Municipality will increase your tax and send the bill to the Society and not to you direct. The Society can object even if the Municipality issues the Registration Certificate and you agree to pay the increased tax.

The Society cannot give right of occupation to any open parking lot. They can only allot it to a member on the basis of payment of monthly parking fees. Other things you have mentioned regarding which flat to be allotted to you etc, are internal matters of the Society. You can file a case against the Society saying that the Society was unfair to you. No one can predict what the judgment will be.

I do not know what Form 10A is. But if the appropriate form is filled up and it is signed by both the Member and the proposed Associate Member, that is enough. They have to submit the share certificate also in order that the Associate Member’s name is also entered. Without the name on the share certificate, an Associate Member is no Associate Member.

You have the right to ask for a copy the Associate Member’s application and also the Byelaws on payment of cost.