Can associate member become office bearer in housing society

Associate.member is not treated as full member and cannot avail the facililities of member.

“Associate Member” means husband, wife, father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, nephew, niece a person duly admitted to Membership of a housing society on written recommendation of a Member to exercise his rights and duties with his written prior consent and whose name stand as 2nd in share certificate.

Rights of Associate Members in Housing Society

1. Get a copy of all model bye-laws.
2. Inspect the books of the society without being charge any money to society.
3. Occupy the flats after consent of Original Member but will not have right, title and interest in the property.
4. Has the right to part of any events, celebrations etc. organized by society and also have equal rights to all the common spaces, parking slots, gym etc.
5. Has right to approach authorities for legal matter. Including Registrar, Co-operative Court, Municipal Corporation, Police, etc.
6. If 1st named member ceases to be the member due to death, resignation etc. Associate member will also be ceased to be an Associate Member unless he/she hold the interest in the property jointly.
7. Can contest the Managing Committee election, caste vote, attend the general body meeting, file the complaint etc.

As I could gather, clause 118 (v) of the model bye-law provides the answer:

118. No person shall be eligible for being elected as a member of the Committee or co-opted on it, if:

(I) He has been convicted of the offence, involving moral turpitude, unless the period of six years has elapsed since his conviction;

(ii) he defaults the payment of dues to the society, within three months from the date of service of notice in writing, served either by hand delivery or by post (under certificate of posting), demanding the payment of dues;

(iii) he has been held responsible under Section 79 or 88 of the MCS Act, 1960, or has been held responsible for the payment of the costs of enquiry under Section 85 of the MCS Act,1960;

(iv) he has without the previous permission of the society, in writing, sublet his flat or part thereof or given it on leave and licence or caretaker basis or has parted with its possession in any other manner or has sold his shares and interest in the Society;

(v) in case of an associate member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the member.

(vi) he is declared as ineligible as per the provision of the Maharashtra co-operative societies Act. 1960 and Rules, 1961.

Well analysed, opined and advised by experts, I endorse and appreciate.

Such member(s) can not be inducted in Managing Committee of the Cooperative Society.

Is it necessary for the name of associate member should appear in the share certificate.