Roma Sirkar
I am a member of a co operative society in Mumbai.My query is as under:
Can any member of the family be given associates membership?
If yes what is the procedure and also let me know whether the associate member will become the member after the death of the original member.
I C Naik
1.Any member of the family can be given associates membership in the cooperative housing society
2.Associate Member of a cooperative society is defined in the M. C. S. Act 1960 and Bye Laws as under:
Section 2.(19) (a) “member” means a person joining in an application for the registration of a cooperative society which is subsequently registered, or a person duly admitted to membership of a society after registration and includes a nominal, or associate member;
3.A per Bye Law (Model 2009) No. 2(xxiv) “Associate Member’ means a member who holds jointly a share of the Society with others, but whose name does not stand first in the share certificate
4.An individual, who is competent to contract under the Indian Contract Act, 1872 and who has made an application in the prescribed form [as per Schedule 7 or 8 as may be applicable, ] for such membership, along with the entrance fee of Rs. 100 could be admitted as such member by the Committee.
a.Form 7 is to be filed for Associate Membership by an Individual, who desires to hold shares jointly with another person, who is already admitted to membership of the society.
b.Form 8 is to be filed for Associate Membership by an Individual, where both the person apply for associate membership at a time.
5. Application in either form is to be signed both and it requires acceptance of the terms and conditions the vital conditions of which are as under.
a. We will be jointly and severally liable to discharge the present and future liabilities to the Society.
b. The right of attending and voting at general body meetings of the society will ordinarily be exercised by Shri*Shrimati…………………………………………………whose name should stand first in the share certificate. The name of Shri*Shrimati……………………………..shall stand second in the share certificate and he*she (associate member) shall have no rights privileges of a member except attending general body meetings of the society and voting at them provided the member whose name stands first in the share certificate is absent at such meetings.
6.Most members carry an impression that upon death of Member Associate member steps in his/her shoes. That is no so. As per Bye Law No 58 “the person shall cease to be the associate member of the society, when the original member ceases to be the member of the society (upon resignation as member or transfer of his/her interest in capital/property of the society i.e the flat, or on death.
7.In order to step in his/her shoes upon death of original member Associate Member should get nominated to become member upon his/her death. Nomination procedure as per the Bye Law No 32 requires filing a Nomination form as per Appendix 14 in Triplicate.
8.Member is advised to Make sure that the Committee takes Nomination on Society record by way of a resolution of the Committee. An entry is also required to be made in the Nomination Register required to be maintained as per Bye Law No 142(xi) within 7 days of the meeting of the committee. It is advisable that copy of the minutes are obtained and copy of the entry in the Nomination Register is obtained from the Secretary upon payment of copying costs prescribed under Bye Law No 172(5). Registered Nomination can be varied by filing another one but this time a fee of Rupees 100 is levied.