Thursday, 18 August 2011

MEMBERSHIP


MEMBER

The following are the 3 type of membership in co-op. housing society

1.ORIGINAL MEMBER-

A member in a co-op. society is a person / corporate body / public trust joining for the registration of a co-op. society which is subsequently registered or a person / corporate body / public trust admitted as a member after registration. Specimem copy of application for membership by an individual is given in Appendix-3 in Bye-Laws. .[under the Bye-law No.19[b]and 66[v]].Specimen copy of application by a corporate body is given in appendix-6 in Bye-Laws.[under the Bye-law No.19[c]].

2.ASSOCIATE MEMBER-

When the shares in a co-op. society are held jointly by more than one person,the person whose name dose not stand first in the share certificate is an associate member. An associate member does not have the rights or privileges of a member except that he/she will have the right to vote when the person whose name stands first in the share certificate is absent. However as per new Bye-Laws approved by Registrar on 02/07/2011 and  27/02/2009 .If the property is purchased jointly by a member and associate member, the right of associate member are not affected when the member dies. On the death of a member,only that portion of the shares held by a member is transferred to the nominee and the portion of the property held by associate member,if any remains intact.
A person who desires to become an associate member of a co-op. housing society must apply to the society and pay membership fee of Rs. 100/-.When the member ceases to be a member of the society,associate membership also ceases subject to what is stated hereinabove. After the shares are transferred to any other person, fresh application for associate membership has to made. Specimem copy of application for associate membership by an individual is given in Appendix-7 or Appendix-8 in Bye-Laws. .[under the Bye-law No.19[b]and 19[c]].Specimen copy of application by a corporate body is given in appendix- 9 or Appendix-10 in Bye-Laws.[under the Bye-law No.19[b]].

3.NOMINAL MEMBER-

A nominal member is a person admitted to the membership as a nominal member after registration. Usually, when a member sublets his flat with the permission of society, the sub-lettee can be admitted as a nominal member. Similarly when a flat in a co-op.hosing society is occupied by a person on behalf of firm or company, the person occupying the flat on behalf of firm or company is admitted as a nominal member. A nominal member has no voting rights and he/she will not be eligible to be elected as a member of the managing committee. Nominal membership is co-terminus with the membership of the concerned member. Specimem copy of application for  nominal membership [ by sub-lettee,licensee,caretaker etc  ] is given in Appendix-11 in Bye-Laws. .[under the Bye-law No.20 and 43[2][ii]].   


MINOR MEMBERSHIP

A minor or a person of unsound mind can become a member of a co-op. housing society through a gurdian.
A minor or a person of unsound mind who is admitted as a member of a society is entitled to exercise all the rights of a member through the guardian.

The society can not transfer the flat and shares having in the name of minor or a person of unsound mind unless the written order from Hon. Court. and also take legal opinion from advocate to check the ordercopy of court and other legal issue regarding this buying /selling  and transfer of the property of minor or a person of unsound mind  
The society can transfer the shares to nominee/legal heir, even if the nominee/legal heir is a minor. In such cases, application for membership of the society must be submitted by the guardian.  Specimem copy of application for membership by a nominee/legal heir,who is a minor is given in Appendix-2 in Bye-Laws. .[under the Bye-law No.17[b]].


CORPORATE BODY / FIRM / COMPANIES / CO-OP SOCIETY MEMBERSHIP-

A firm registered under the Indian Partnership Act , Company registered under the Companies Act , Society registered under the Societies  Registration Act, Co-op. society registered under the Maharashtra Co-op. Society Act, Local Authority, State / Central Government who registered under the relevent provision of law may be admitted as a member of a co-op. housing society but membership should not exceed 50% of the total membership of society.
However the membership of the firm/company etc is subject to the following conditions-
  1. An application for membership of the society has to be made by fim/companyetc. has to be signed by a person duly authorised in behalf by same along with stamp
  2. The firm/company. etc.should have its head office / branch office or carry on business within the area of operation of the society
  3. The firm/company. etc. should purchase at least 20 shares of the society
  4. The aims and objects of the firm/company. etc. should not be contray to thouse of the society
  5. The memorandum and articles of association should allow the compay to utilised its funds for provinding its employees with dwelling house. The firm/company. etc. must agree to pay out of its own funds the cost of dwelling house
  6. The firm/company. etc. must pay the whole or the proportionate cost of the construction and other charges to the society
The managing committee of the society should not consist of more than ¼ member of the firm/company. etc.. The remaining members of the managing committee should be individul member.
Specimen copy of application by a corporate body is given in appendix-6 in Bye-Laws.[under the Bye-law No.19[c]].

PUBLIC TRUEST AND HUF MEMBERSHIP-

Under Section 22[1][f] of the Act, a Public Trust can become a member of the housing society. However, a Family Trust cannot become a member of a co-op. housing society
Specimen copy of application by a Trust  is given in appendix-6 in Bye-Laws.[under the Bye-law No.19[c]].

List of persons eligible to become members of a co-op. housing society is give in section 22 of Maha. Co-op Housing Society Act. An HUF is not included in that list So HUF can not become member of society


6 comments:

  1. my father is a member of co-operative housing society but the name is not included in the i-register. what is the procedure to include it?

    ReplyDelete
  2. Ankush Deshpande, If your father having the share certificate in their name OR Jointly with any other person then it is duty of Hon. Sec. of your society to insert the name of your father in " I " Register. It is simple as person holding Share Certificate his/her name has to insert in " I " Register. Their is no separate process.

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  3. i am a member in a society and my father wants to purchase another bungalow in the same society in his own name and capacity, can he purchase it and be a member in the society?

    ReplyDelete
  4. Yes. He can. You can fill the form -30 [under bye-laws no 62] asking permission for purchasing additional bungalow in society in your father name. I assume that yours is bungalow type society[Plot owner].

    ReplyDelete
    Replies
    1. can my father buy the plot (bungalow) first and then make fill form - 30 ?

      Delete
  5. we are in Ahmedabad (Guajarat) does the same law of co op. society apply here?

    ReplyDelete