What is Associate Member in Housing Society?
Who are the associate members?
Associate members are those who have no right to vote nor be voted upon and are entitled only to limited rights, privileges, and membership duration as provided in the by-laws of the cooperative, the Philippine Cooperative Code of 2008, and its Implementing Rules and Regulation.
important changes in the definition of an Associate Member as per amended Maharashtra Cooperative Societies Act w.e.f. 9/03/2019.
The Associate Member is a person who has been admitted as a member on the written recommendation of a member of the cooperative housing society to exercise his rights and duties with his written consent. This was the position even prior to the amended law.
Prior to amendment a person having interest in the property/ flat was also called Associate Member if his name was not first in the share certificate. After amendment, a person having interest in the flat is called a Joint Member, whose name is not first in the share certificate.
Associate Member means relatives of Original members i.e. husband, wife, father, mother, brother, sister, son, daughters, son-in-law, daughters-in-law, nephew, niece, a person duly admitted to Membership of a housing society on the 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.
Members of CHSL have the right to appoint an “ASSOCIATE MEMBER” to exercise their rights & duties with a duly filled prescribed form. An associate member will pay a Membership fee of Rs. 100 to Society.
What says law
Section 154 B-10 (6) : Associate Member shall have the right to contest the Election of Committee with the prior written consent of a Member by duly filling Form 10A.
Section 154 B-10 (7): Any action contemplated against the original Member in the Act shall be applicable to such an Associate Member.
Section 154 B-11 (2): Associate Member shall have the right to vote with prior WRITTEN CONSENT of Member.
Rights of Associate Members in Co-operative Housing Society
1) He / She can get a copy of all accounts, MOM, and statutory register.
2) He / She can inspect the books of the society without being charged any money to society.
3) He / She can occupy the flats after consent of the Original Member but will not have rights, titles, and interests in the property.
4) He / She has the right to part of any celebrations, events, Programs etc. within society and also have equal rights to all the common spaces, parking slots, gym etc.
5) He / She can contest the Managing Committee election, caste vote, attend the general body meeting, file the complaint etc.
6) He / She has the right to file official complaints. Depending on the misconduct or offense that the associate member faces in the society (from co-residents, committee members, builder, etc.), he/she has the right to approach authorities for remedial measures, including the Registrar, Co-operative Court, Civil Court, Municipal Corporation, Police, among others.
7) Has the right to be part of the affairs of the society. Just like the original member, the associate member has the right to participate in any events, celebrations, drives, etc. organized by the society and has equal access to all the common spaces, parking lot, garden, gym, etc.
Can the Associate Member have election rights?
Most of the co – cooperative housing society has some confusion for associate members regarding election rights of an associate member. Although, as per bye-law by Maharashtra State Co-operation Election Authority, as well as provisions in the Maharashtra Co-operative Societies Act along with a housing manual published by the Registrar, the rules with respect to voting and contesting rights of an associate member are clearly defined.
No matter how many members live in one household, every house gets one vote in the society’s election as per the rules. When it comes to voting, where there is joint ownership, the person, whose name stands first in the share certificate (Main owner), if present, he/she has the right to vote. But in the absence of the main owner(Named 1st in Share Certificate) the person whose name stands second (joint members), and in the absence of both, the person whose name stands next, who is present and who is not a minor, will have the right to vote.
No Objection Certificate and Undertaking from the Original Member to be submitted by the Associate Member intending to be a Member of the Managing Committee of the Society.