Associate Member in a CHS

 Associate member in a CHS

Maharashtra Co-operative Societies Act, 1960 has been amended by Maharashtra government through an ORDINANCE dated the 9th March 2019. This latest amendment has redefined the members, associate members and joint members.

The Associate Member in the ORDINANCE has been defined as follow:

'Associate Member' means husband, wife, father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, nephew, niece a person duly admitted to Membership of a housing society on written recommendation of a Member to exercise his rights and duties with his written prior consent and whose name does not stand in the share certificate.

But It has not been clearly stated whether to consider only first member or both first member and joint member while establishing relations mentioned in the above definition for granting an associate membership.

For example:

If flat is bought by two or more persons jointly, then in the Sale Deed of the flat, whose name stands second or higher, was earlier called Associate Member.

Now such members are termed as Co-members.

To become co-member, same form meant for associate membership, as in Appendix-5 of the Bye-laws Book of year 2014 has to be used.

A buyer of the flat later on sells part of his flat or does a Gift Deed for part of his flat, then such persons also can become Co-member.

Co-member's name is entered in the share certificate of the flat.

In Mumbai, large number of people who are senior citizens, are not available for running of the society.

By considering this difficulties of such types of societies, in March 2019, former type of Associate Membership, by paying only Rs.100/- and filling Associate Membership form as in Appendix-5, for limited relatives, namely husband, wife, father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, nephew, niece, of the flat owner was allowed.

Such associate member's name is not written on backside of the share certificate, but given by a letter, stating that in the wordings:

"Mr.X who is.... relative of society's member Mr.Y, is admitted as an associate member of flat No.... of Mr.Y.

Mr X will attend General Body meeting, vote or contest the election of the society, in place of member Mr.Y, till his Associate Membership remains in force."