Associate Membership in Housing Society

Accommodation Times News Services

photo BPBy Advt. Bhakti Popat, Partner, ANB Legal,

The definition of ‘Associate Member’ in a co-operative housing society in Maharashtra has undergone change in the recent 2014 Model by-laws (“New By-laws”) published by the Commissioner for Co-operation and Registrar, Co-operative Societies (“Registrar”). An associate member is defined to mean “a member who holds the right, title and interest in the property individually or jointly with other but whose name does not stand first in share certificate”.

However section 2 (19) (b) of The Maharashtra Co-operative Societies Act, 1960 (‘the Act’) defines associate member to mean “a member who holds jointly a share of a society with others but whose name does not stand first in the share certificate”. The definition of associate member in Model By-laws published by the Registrar in the year 1984, 2001 and 2009 (‘Old By-laws’) is identical to the Act. Section 26 of the Act is now amended to provide that no member shall exercise rights until he has made payment for membership or acquired such interest in the society as may be prescribed or specified in the by-laws of the society. The Maharashtra State Co-operation Election Authority (“SCEA”) which is constituted under the provisions of the Maharastra Co-operative Societies (Election to Committee) Rules 2014 (“Election Rules”) in a letter, a copy of which was published in Maharashtra Societies Welfare Association’s Review magazine – July, 2015 interpreted section 2 (19) (b) of the Act and clarified that “associate member” must hold share jointly with a primary member whose name appears in the first place in the share certificate of the society.

Rights of Associate Member: The Act provides that an associate member may subject to the provisions of section 27 (8) have such privileges and rights and be subject to such liabilities of a member as may be specified in the Act, Maharashtra Co-operative Societies Rules, 1961 (“Rules”) and By-laws adopted by Co-operative Society. As per rule 20 of the Rules an associate member is required to submit a declaration in writing that the person whose name stands first in the share certificate shall have the right to vote and all the liabilities will be borne jointly and severally by them as provided in the Act, Rules and by-laws of the society.





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2 thoughts on “Associate Membership in Housing Society

  1. It is a good article. But still it is not clear and vague. If A is an Associate member Since the year 2007 after paying Rs 100/- and giving an undertaking and NOC by first member being 84 years old unable to attend the meeting. This member ceases to be Associate member as per new guidelines. Don’t you think it is ridiculous. How any law can be retrospective. It is being framed without application of mind and causing great inconvenience to housing society which is running efficiently.Forced law can be applied only where there is any fraud or complaint from any members. Another thing is are the department ready with the new changes being made. There is no manpower, ignorance of new rules within the staff.

  2. Its really good article. But i want one clarification. In our society, Administrator appointed and through him i became associate members by fulfiling all formalities. Now after election, through new committee, do i need to re fulfill all the procedure for sustaining my self as assocciate member.

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