• Co Operative Housing Society matters- Mumbai, Maharashtra

1.	Can a new member be a member of managing committee? *
2.	When can a new member becomes eligible to be a managing comm. member or a Office bearer? *
3.	If member is Nominated after parent’s death, then can such members be treated as a new member? 
3.1	Can such person get elected as a managing committed member in 1-2 years? *
3.2	Can such members be elected as a Chairperson of the society? (Who never attended any meeting before & not conversant with any formality of the society’s matters) *
4.	How long members should be on the managing committee before being an office bearer? *
5.	How much period must pass before new members can be taken on Managing committee? * 
6.	Can all the meetings of the CHS be held on 7 day’s notice? *
7.	What action can be taken against a secretary & office bearers, who ignore various legitimate requested made? For:-
7.1 Not responding to members legitimate request? 
7.2 ignoring notices for months issued by Local Auth. to take action as per St. Audit Rep. in resp. of dangerous status of building,
7.3 Ignoring recommendation of a Structural Audit Report.
7.4 As the building condition is very dangerous, can stay order be obtained from Co Op courts in order for society to force the repairs?
7.4 Can such matter be taken up with high Courts directly instead of Co Op courts?

* May I request your good selves to quote the section of the relevant Act for each answer, wherever it relevant.

Thanks In advance.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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11 Answers

For your all questions related to new member till elected new member in chairperson.

  • New member can happen by purchasing flat or inheriting the parents property or by WILL or Gift deed etc.
  • Selection of new Member in the committee is totally depend upon Elected body.
  • New member can be selected Chairperson that also depends upon Elected Body and if there is Bye-Laws made by society and same has been registered with sub-registrar of Co-op Society. Otherwise there is election held in the society bu sub registrar every five years or in middle of death or resigned or cancelled from that post re-election is held.
  • Meeting can be held proper 15 days notice received by the flat owners any legal Notice or normal society notice.
  • Regarding Structural Audit you can make complaint to BMC engineer of your ward regarding structure and make complaint to them.
  • You can make written complain to sub-registrar, Registrar, Asst Commissioner who sits in the Fort, and Commissioner of Co-op Society in the Shivaji Nagar, Pune. Against society you can write all details of their day to day functions.

All your problem will come under MCS Act, Law and Rules.

 

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

1. Yes

2. As soon as there is election for members otherwise there is a nomination against the retiring members.

3. No

3.1 yes

3.2 if you are elected as a member you can be the chairperson vice president treasurer whatever.

4. Without being office-bearers you can not hold any position in management committee.

5. No time is required you can be member of the managing committee before after the date of your membership.

6. first general meeting 7 days notice requirement is there but in case any meeting is dissolved due to fulfillment of quorum it can be called after 48 hours.

7. if the matter is taken in the agenda of the meeting should discuss and decide on the matters otherwise if there is any complaint that members or not working in coordination with the residents and residents have problem them residents group may approach to the register and complaint regarding the office bearers of the committee.

Please remember to rate this answer if you like it

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. Yes

2. There is no such eligibility condition. Once anyone becomes member than he is eligible for becoming office bearer after elections.

3. Yes

3.1. Yes.

3.2. Yes can be elected. Depends on election.

4. No such eligibility condition. 

5. No time limit.

6. Yes 

7.1. Complaint to the registrar cooperative Societies office. 

7.2. File complaint in consumer court. 

7.3. Consumer court. 

7.4. Yes it can be done.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

A member of a Co-operative Housing Society (CHS) is eligible to vote and contest the election, the moment he becomes the member of the CHS.

2)if elected to MC he can be office bearers 

 

3) nominee is only trustee for legal heirs 

 

4) elected member to MC can be chair person 

5) AGM cannot be held in 7 days notice 

 

6) MC meetings can be held within seven days notice 

7) complain to registrar against office bearers of society for Failing to act on structural audit report , for failing to carry out repairs etc 


8) you can approach cooperative court to direct society to carry out essential repairs , to take action on structural audit report 

 

9) you cnanot approach HC directly 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

In case of stay order you need to approach the competent civil court . 

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Definitely you have right to get relief under the Act.

You have multiple grievances against Society in general and members specifically being injustice caused to you.

You need to have continuous communication and consultation with lawyer to get resolved all multiple questions put in the present post. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Yes

2. Once he is elected as MC member after election

3. Yes if he is not co-owner 

3.1. Yes

3.2  He can if he is MC member and has no other disqualification as per MCS Act

4. Not necessary he has to be there for sometime he can immediately be appointed. 

6. No some meetings require 14 days clear notice also. 

7. Complaint can be filed against them before dy. Registrar, consumer court Or co-operative court. They can be expelled as well as dismissed from the said post. 

7.1 to 7.3. Same action as above complaint to dy registrar

7.4 yes

 

 

 

Prashant Nayak
Advocate, Mumbai
32051 Answers
183 Consultations

4.1 on 5.0

1. Yes

2. As soon as it became member of society.

3. No it will be old membership.

4. There is no specific rule regarding appointment of managing committee member as office bearer.

5. Same as ans no. 2

6. Yes

7. A complaint can be made before assistant registrar coop societies against secretary and office bearers. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. If the new member is eligible to contest the election as per the bylaws then he can contest the election and become a management committee member if elected.

2. to 6  You may go through the bylaws for eligibility.

7. If the secretary or the office bearers do not pay heed to the requests made by the members, then the members can call for an emergency meeting to discuss about the points that were ignored by the office bearers and also to take action against them for violating the bylaws as per law.

If there is no response for conducting the emergency meeting, then the members may submit a memo to the registrar of cooperative society and request his intervention  and also attention to the burning topics which endanger the lives of the members of the association.

 

 

T Kalaiselvan
Advocate, Vellore
85104 Answers
2214 Consultations

5.0 on 5.0

1. Yes ,  Only a member is not eligible to become a Management Committee member , If he defaults the payment of dues to the society, within three months from the date of service of notice in writing.

2. Yes , after electing the member of the management committee

3.1. Yes

3.2 . No , if any member who  fails to attend any three consecutive monthly meetings of the Committee, without leave of absence, he is disqualified from the Committee.

 4. As per by laws of the Society 

5. After contesting election can be elect

6. Yes, 7 days notice mandatory 

7.  any member can lodge a complaint before the office of the Registrar against their violation.

Mohammed Shahzad
Advocate, Delhi
13333 Answers
199 Consultations

5.0 on 5.0

Dear Sir,

It is suggested that  a new member can very well become the member of managing committee, provided he fulfills the conditions as given in bye laws. It is informed hereby that the bye law of the society is just like our constitution and it may have the provision of the making a new member eligible for being the managing comm. member or a Office bearer. Also, a member Nominated after parent’s death is not a new member. Rather he will be treated as par with his parents and he can get elected as a managing committed member in 1-2 years. He can also be elected as a Chairperson of the society. Further, if there is violation of the bye laws, the same may be complained to registrar of the society and the cooperative courts have first authority to hear such complaints first. 

 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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