Monday, 15 February 2021

What is Associate Member in Housing Society?

Can an Associate member be elected as Chairman?

MCS Act 1960 wef 23/07/2019 - Section 154 B-1 (18) (a) New definition of Associate Member

Associate Member means husband, wife, father, mother, brother, sister, son, daughters, son-in-law, daughters-in-law, nephew, niece, a person duly admitted to Membership of a housing society on written recommendation of a Members to exercise his rights and duties with his written prior consent and whose name does not stand in share certificate. Member of CHSL have rights to appoint "ASSOCIATE MEMBER" to exercise his rights & duties with duly filled Appendix 5. An associate member will pay Membership fee @ Rs. 100 to Society.

Section 154 B-10 (6) : Associate Member shall have right to contest Election of Committee with prior written consent of a Member by duly filled Form 10A.

Section 154 B-10 (7) : Any action contemplated against the original Member in the Act shall be applicable to such an Associate Member.

Section 154 B-11 (2) : Associate Member shall have right to vote with prior WRITTEN CONSENT of Member.


Rights of Associate Members in Co-operative Housing Society

1) He / She can get a copy of all accounts, MOM, and statutory register.

2) He / She can inspect the books of the society without being charged any money to society.

3) He / She can occupy the flats after consent of the Original Member but will not have rights, titles, and interests in the property.

4) He / She has the right to part of any celebrations, events, Programs etc. within society and also have equal rights to all the common spaces, parking slots, gym etc.

5) He / She can contest the Managing Committee election, caste vote, attend the general body meeting, file the complaint etc.

6) He / She has the right to file official complaints. Depending on the misconduct or offense that the associate member faces in the society (from co-residents, committee members, builder, etc.), he/she has the right to approach authorities for remedial measures, including the Registrar, Co-operative Court, Civil Court, Municipal Corporation, Police, among others.

7) Has the right to be part of the affairs of the society. Just like the original member, the associate member has the right to participate in any events, celebrations, drives, etc. organized by the society and has equal access to all the common spaces, parking lot, garden, gym, etc.


Can the Associate Member have election rights? 

Most of the co - cooperative housing society has some confusion for associate members regarding election rights of an associate member. Although, as per bye-law by Maharashtra State Co-operation Election Authority, as well as provisions in the Maharashtra Co-operative Societies Act along with a housing manual published by the Registrar, the rules with respect to voting and contesting rights of an associate member are clearly defined.

No matter how many members live in one household, every house gets one vote in the society’s election as per the rules. When it comes to voting, where there is joint ownership, the person, whose name stands first in the share certificate (Main owner), if present, he/she has the right to vote.  But in his absence of main owner(Named 1st in Share Certificate) the person whose name stands second (joint members), and in the absence of both, the person whose name stands next, who is present and who is not a minor, will have the right to vote. Associate Member shall have right to vote with prior WRITTEN CONSENT of Member.

No Objection Certificate and Undertaking from the Original Member to be submitted by the Associate Member intending to be a Member of the Managing Committee of the Society.


Download Form Appendix - 10A for becoming a Committee Member




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