Monday, 30 April 2018

Members in Housing Society

Classes of Members as per amendment 2018
Member: means a person joining in an application for the registration of a housing society which is subsequently registered, or a person duly admitted to Membership of a society after its registration and includes associate or joint or provisional Members:
         a) “Associate Member” means a person duly admitted to Membership of a housing on written recommendation of a Member to exercise his rights and duties with his written prior consent and whose name does not stand in the share certificate;
         b)”Joint Member” mean a person joining in an application for the registration of a housing society jointly, which is subsequently registered or a person who is duly admitted to Membership after its registration and who holds share, right, title and interest in the flat jointly but whose name does not stand first in the share certificate;
         c)”Provisional Member” mean a person who is duly admitted as a Member of a society temporarily after death of a Member on the basis of nomination till the admission of legal heir or heirs as the Members of the society in place of deceased Member;

Eligibility for Membership

  • Individual who is competent to contract under the Indian Contract Act, 1872;
  • A Firm, Company or any other Body Corporate constituted under any Law for the time being in force, or a Society registered under the Societies Registration Act, 1860;
  • A Society registered, or Deemed to be Registered, under the Act;
  • The State Government or the Central Government;
  • A Local Authority;
  • A Public Trust registered under any Law for the time being in force for the registration of such trusts;

Occupation of Flats
a) The Member, who is deemed to have been allotted the flat under the Bye-law No. 75(a) of the Society shall have a right to occupy  the  flat  subject to the terms and conditions set out in the letter in the prescribed  form under the said bye-law.
b) The Associate/Nominal Member may have a right to occupy the flat with the consent of the Member and written intimation to the Society, subject to the conditions set out by the General Body Meeting.

Bye-Laws 75(a)
The Member, person/firm who had purchased the flat under any agreement under Section 4 of the Ownership Flats Act. Or acquired interest in the flat on transfer of the same by existing Member with previous permission of the Society subject to the terms and conditions set out in the letter of allotment in the prescribed form, including subsequent modifications made by the Society to it.

Rights of Members
1. A Member shall be entitled to exercise such rights as provided in the Act, Rules and Bye-laws. Provided that no Member shall exercise the
 rights of Member of a Society, until he has made such payment to the Society in respect of Membership, or acquired such interest in the Society.
2. Provided further that, in case of increase in minimum contribution of Member in share capital to exercise right of Membership, the Society
shall give a due notice of demand to the Members and give reasonable period of time to comply with.
3. A Member shall be termed as an 'Active Member' if he / she fulfill the following conditions: viz.

  •  He / She has attended at least One General Body Meeting in previous consecutive period of five years, Provided that nothing in this clause shall apply to the member whose absence has been condoned by the General Body Meeting of the Society.
  • He / She has purchased and owns Flat / Unit in the Society, and
  • He / She has paid the Society Maintenance Service and other charges regularly

4.  Society shall classify the Members as 'Active' or ‘Non-Active' Member at the close of every financial year.

  • Society shall communicate to every Non-Active Member about his classification, within a period of 30 days from 31st March of every year as  prescribed under these By-laws as per Appendix
  • In case of a dispute about classification of a Member being Active or Non-Active, an appeal shall lie with the Registrar within a period of 60 days from the date of communication of such classification.

5.A Member who is not an 'Active Member' shall be 'Non-Active Member'.
6. A ' Non Active Member’ can be reclassified as 'Active Member' from the date he satisfies the conditions laid down under Bye law no. 22(c).

Inspect Society’s record/documents

  • A Member shall have right to inspect free of cost books, registers documents etc. as provided in Section 32 (1) of the Act and get copies of the documents as provided under Section 32 (2) of the Act, on payment of the fees prescribed under the bye-law No. 172.
  • A Member shall be entitled to receive a copy of the Approved Bye-laws, Audit Report of the Society, on payment of charges prescribed thereof.

Resignation by a Member
(a) A Member may resign from Membership after giving three months notice in the prescribed form to the Secretary of the Society as provided under Rule 21(1) of the Rules.
(b) No resignation of a Member of the Society shall be accepted unless such Member has made payment of the charges payable to the Society in full.
(c) Where any charges are found payable by the Member to the Society, the Secretary of the Society shall intimate the same giving full details and reasons of dues thereof to the Member within 15 days of the receipt of the notice of resignation, advising him to make payment thereof within 30 days of the date of intimation.
(d) Where there are no charges of the Society outstanding with the Member, the Committee shall accept the resignation of the Member and the Secretary of the Society shall communicate the same to the Member within a period of 3 months from the date of the receipt of the notice of the resignation.
(e) Where any resignation is rejected, the Committee shall record the reasons therefore and communicate the same to the Member concerned within three months from the date of receipt of notice of resignation.



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