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Mihir Joglekar   05 June 2017

Cooperative housing society issue

Dear Sir, A member is acting as Treasurer ( Office Bearer ) since Sept 2016. Though, he doesn't possess Share Certificate for the membership. My question is it legally accepted that he still can be Treasurer of the Society ? Regards, Mihir


Learning

 4 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 June 2017

No, A cannot be Treasurer (Office Bearer) of the Society.

Firdosh Kassam (Karachiwala) (ADVOCATE & SOLICITOR firdoshkassam@hotmail.com)     05 June 2017

Is he the purchaser of a flat/premises of the Society?

If so, he has got a right to be a member of the Society. Therefore being eligible for membership of the Society he can act as the Treasurer of the Society unless it is proved that he does not own in his name the premises.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 June 2017

By advocate Firdosh Kassam

Therefore being eligible for membership of the Society he can act as the Treasurer of the Society unless it is proved that he does not own in his name the premises.

No please. It is not enough that he is eligible to be a member. He has to get himself admitted as a member before becoming eligible to be a member of the Managing Committee. Certain byelaws even say that a person has to be member for a certain number of years to be eligible to be elected as a member of the Managing Committee. By the way in which State is the Society? You can ask for the byelaws and see what it says.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 June 2017

You have another question about co-option of members in another post. With recent amendments to the MCS Act, it is extremely difficult become even for an eligible member to become a member of MC, leave alone non-members.


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