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Wednesday 28 February 2024

Rights & Duties of a Member in Housing Society | MCS Amendment ACT : 154B - 10

(1) A Member shall be entitled to exercise such rights as provided under this Act, rules and bye-laws.

(2) Every Member of a housing society, whether registered before or after the commencement of the Maharashtra Co-operative Societies (Amendment) Act, 2019, to whom plot of land or dwelling units have been allotted, shall be issued certificate of allotment by the co-operative housing society under its seal and signature in such form as may be prescribed.

Subject to the provisions of the Transfer of Property Act, 1882 or the Registration Act, 1908, any allotment (including re-allotment), of a plot of land or dwelling unit in a building of a co-operative housing society to its Member as per terms of allotment shall entitle such Member to hold such plot of land or dwelling unit with such title, right and interest, as the case may be.

(3) Except when there is a contract to the contrary, a Member of co- operative housing society shall not be entitled to any title or interest in any plot of land or dwelling unit in a building of a co-operative housing society until he has made such payment as may be specified by the co-operative housing society towards the cost of such plot of land or, construction of such dwelling unit, as the case may be, to the co-operative housing society

(4) No Member shall be eligible for being appointed, nominated, elected, co-opted or for being a Member of a Committee, if he is a defaulter of the society.

(5) (i) It shall be the duty of the Member of the society to pay the dues of the society within time as decided by society in its general meeting.

     (ii) Member shall vacate the flat when required for redevelopment of the building or buildings of the society as decided in its general meeting.

    (iii) Member shall perform his duties as provided in this Act, rules and bye-laws.

(6) The Associate Member shall have right to contest the election to the Committee with prior written consent of a Member.

(7) Any action contemplated against the original Member in the Act shall be applicable to such an Associate Member