Can a provisional member appoint an associate member.

You have not posted the complete facts.

The facts are:

1. The society conducted elections by appointing a Returning Officer.

2. The last Managing Committee I'll advised the RO the composition of the members.

3. 5 Provisional Members who were nominees of the deceased members appointed their son/daughter's as Associate Members.

4. These 5 Associate Members participated in the elections and voted.

5. Further 2 of such Associate Members have been inducted as office bearers in the Managing Committee.

6. Now the society is considering to commence the Redevelopment process.

7. Since certain members are of the opinion that in such a defective election process, any decision and/or contractual commitments made by such invalid committee is void.

8. The members would like to have re-elections and put the house in order and thereafter commence any Redevelopment talks.

Please advise

1. Can Provisional Members appoint Associate Members 

2. Is the above election process defective.

3. Can such Managing Committee enter into contracts.

The election in question seems to be defective, as Associate Members appointed by Provisional Members participated in the election and two of them were even appointed as office bearers in the Managing Committee.

According to the Society's Model Bye-Laws, Associate Members don't have the same rights as active Members, particularly when it comes to voting and participating in elections.¹

 *Key Issues:* - *Eligibility to Vote*: Associate Members may not be eligible to vote in elections or participate in decision-making processes.

- *Office Bearer Appointment*: The appointment of Associate Members as office bearers in the Managing Committee may be invalid. -

*Contractual Authority*: The defective election and appointment of office bearers may impact the Managing Committee's authority to enter into contracts with third parties, especially in the Redevelopment process. To address these concerns, it's recommended to:

1. *Review the Society's Bye-Laws*: Verify the specific provisions related to Associate Members, voting rights, and office bearer appointments.

2. *Seek Legal Advice*: Consult with a legal expert to determine the best course of

Generally, provisional members of a housing society cannot be appointed as office bearers as their membership status is temporary until they become full members, meaning they usually lack the necessary voting rights to be elected to an official position on the managing committee. 

Provisional members typically have limited rights within the society, including attending meetings but not voting in elections for office bearers.

Always refer to the specific byelaws of your housing society to confirm the exact eligibility criteria for office bearer positions.