1) commercial members have full rights in society
2) full share capital has been paid for both commercial and residential members
3) share certificate woukd be issued to all members
Cooperative housing society membership
Sir we have registered a cooperative of a building in thane which has 19 commercial units and 48 flats.The society got registered and handed over also via AGM.now the file has a A form which has signatures of residential members but not of commercial members. The B form mention clearly that 47 residential and 19 commercial units are registered.Share capital of all units 19 commercial and 47 residential also are paid. The copy of bye law has a list attached with only residential members names.somehow commercial owners list got misplaced.But since full share capital is paid and also B form mentions about both comm n residential so whats wrong in this.some members are creating ruckus that since commercial name list is not stuck to bye laws commercial members hv no rights and builder has cheated them.Is this possible when builder has paid full share capital.pls advise
Asked 7 years ago in Property Law
Religion: Hindu
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6 Answers
So its immaterial whether the list of commercial owners is not pasted to bye law copy and only residential unit members copy is pasted.
Asked 7 years ago
The B form mention clearly that 47 residential and 19 commercial units are registered.Share capital of all units 19 commercial and 47 residential also are paid.
No it's a illegal Approach, commercial members also have rights in the same. They can approach the Dy. Registrar to cure this illegallities.
1. EVEN IF commercial owners names are not annexed with the First bye-laws, BUT provided the builder has collected and given the Share Capital money of the Commercial Owners to the Society and the Society accounts (Balance Sheet) shows the same, THEN nobody can refuse membership to the commercial owners.
2. On the contrary, the commercial owners can file a criminal case of cheating, misrepresentation, harassment & intimidation against the society, for refusing them membership despite collecting share capital money. Also a case in Consumer Court is also possible, for heavy damages and compensations for the harassment and negligence and deficiency by the society.
Keep Smiling .... Hemant Agarwal
The members whether commercial or residential owners of the association are having all rights in the association as a member.
Their rights cannot be denied just because they are commercial property owners or for any other silly reasons namely list is missing or their names are not found in the register etc.
Moreover there is a confirmation that their share capitals have been paid fully to the association , it will be illegal and invalid to reject their membership.
They may sue the association and may even drag them to the consumer forum as well as to the cooperative court for establishing their rights.
You are right in yor understanding, it will be sufficient if they have been recognised as member of the association.