Query from Nira

Nira

I live in Mumbai, Maharashtra. The flat I live in was purchased in 1996, it is jointly owned by me and my husband. Both our names appear in the agreement, both names appear on the share certificate. But the maintenance bill comes in my husband’s name only.

As my husband travels a lot we have been having a lot of problems with our managing committee who refuse to acknowledge that the joint owner has any rights.

Please let me know the following

Am I considered an equal member or associate member?

In the absence of my husband am I allowed to vote in the society meetings?

In the absence of my husband am I eligible to contest in the society elections for managing committee posts?

In the event that my husband were to pass away do I become the automatic owner of my flat?

Hoping to hear from you soon.

I C Naik

Dear Meeraji,

You have raised very appropriate concerns. I will clarify them all. In order to understand C H S management (Not difficult at all, but has been made look like so) I  suggest you ask for a certified copy of your society’s registered bye-laws which are in force. It must be one based on 1984 Model. It should not cost more than 100 Rupees.It is not free, although its inspection sitting in the office  is free. But better it is to have one at home. You will be able to guide the management and they will not be able to misguide you.

1.You are entitled to be admitted as Associate Member. Unless you are already,  you need to make an application in form 7 to be admitted as Associate member paying Rs 10 entrance fees. This is as per Bye law no 21. (If subsequently new Model has been adopted it would be Rs 100/-).

2.After the above is done, in the absence of my husband you are entitled  to vote in the society meetings?[ Bye law No 27  or 25 depends).

3.In the absence of your husband you are NOT  eligible to contest in the society elections for managing committee posts.[Bye Law 27/25).

However, there is a Proviso to Rule 20 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014. reading as under:

Provided further that, in case of associate members of co-operative housing society and co­operative premises society, the member whose name stands first in the share certificate shall be eligible to be nominated as candidate for the election. In absence of such person whose name stands second as associate member and in the absence of both, the person whose name stands next and likewise in the absence of the preceding persons the person whose name is next on the share certificate, who is not a minor shall be eligible to be nominated as candidate for the election.

Next election to Committees will be held under the Supervision of State Cooperative Election Cmmissioner so before that you should get admitted to Associate Membership, (if not done so far).

The Committee is bound to provide list of Members including Associate Members to the above Authority and you should be allowed to contest on Reserved Seat for women (two Seats are Reserved) in Every Society irrespective of Bye laws.

4.Question of your becoming the automatic owner of your flat in the event that your husband were to pass away, I would suggest a very cautious but sound and simple approach.  Nomination and the right of Associate has been thoroughly confused  under Model Bye Law  2014 and as such this approach is strongly advised. Your Husband should nominate you as a single nominee.

Looking at the way very precise questions you have framed, quite clearly there is immense scope in you to guide management of your society one you g through your Society Bye Laws.