I am staying in a CHS in Mumbai. Our flat is in the name of husband and my wife. I would like to know what rights of Joint member? And does Joint member has right to attend and sign all meeting in absence of Primary Member.
I C Naik
There could be Joint Holders of Flat, but Joint Member is not an entity in society law. If two persons jointly hold the flat the society will enroll any one as a main member and the other an Associate as per the choice of flat holders. All the rights of a member can be enjoyed by main member. Only one right of main member is permitted to be exercised by Associate i.e. attending the meeting where main member is absent : per Section 27(2) .
Section 24(2) of MCS Act 1960 allows societies to provide in their bye laws what rights of the main member can be permitted (by the main member) to an Associate.None of the Model Bye laws permit more than one right ie. under 27(2) alone.