Dear Sir I am the Secretary of our Society. Our Society was formed on 11th December 1995, more than 27 years ago in Kalyan East, Thane District, Maharashtra. What do you mean by a member of the Society? I would like to know the exact meaning of a Member of the Society. This is regarding 2 individuals in our Society. One of them is a Shopkeeper and the other one is the Builder's son. Since I am not clear about the membership of the Society, I am writing to you based on my knowledge of membership of the Society. I may be correct or wrong. One of our shopkeepers is not a member of the Society. He is not ready to take membership of the Society despite telling him. We are trying for Deemed Conveyance of our Society for which we decided to take a certain amount of money. I told him to give his copy of the registered Sale Agreement for Deemed Conveyance but he did not give it. He is telling me that if I give my copy of the Agreement I will have to pay the expense for Deemed Conveyance. He has not paid a single rupee to the Society. He has not been issued a Share Certificate. He has given his Shop on Rent. Society is trying for Redevelopment. When a SGM was called one of the shopkeepers informed him and he came for the meeting. He attended 2 SGMs of the Society. Can the Society allow him to attend the SGM? Can he attend the SGM of the Society without taking membership in the Society? If he decides to take membership, can the Society take maintenance arrears from him from the day he purchased the Shop? Can the Society take from him the Painting expense, other repair expenses, and Deemed Conveyance expense from him before giving membership to him? The Builder of our Society has expired. Now his son is the Builders Legal Heir. One shop and one Flat are in his possession. To consider the builder's son as his Legal Heir does the Society need a copy of the Legal Heir Certificate? Apart from this only son, the builder also has 5 daughters. He is also interested in the Redevelopment of our Building. Share Certificates have not been issued to him for both the Flat and the Shop. He has given both the Flat & Shop on Rent. He wanted a NOC from the Society for taking Loan against the Flat. He cleared the maintenance for the Flat till the month when the NOC was issued. After getting the NOC he has not paid maintenance to date. For the Shop, he has not paid a single rupee to the Society. Can he attend the meeting called by the Society? If he asks for membership in the Society, can the Society take the maintenance arrears, Deemed Conveyance expense, Painting, and other repair expenses from him? If so from when. Thanks and regards. Sincerely.
1) only members can attend society meeting
2) he cannot attend society meeting
3) society can insist on recovery of dues before admitting him as member
4) ask son to obtain legal heir certificate or letters of administration
5)he cannot attend meeting as he is not a member .
6)ask him to clear dues before being admitted as member
Yes, he can attend the meeting with the permission of society as being invitee. Membership shall be from the dare when he became member of the society. Society in order to collect arrears of maintenance etc can take several steps like imposition of penalties, restriction on entries, denial of facilities including iluse of lift and common areas etc.
Only if he is authorized by the member with letter of authority in advance to committee
A resident welfare association (frequently abbreviated as RWA) is a Non-governmental organization that represents the interests of the residents of a specific urban or suburban locality,
Membership is voluntary, and the leadership is usually elected by fee-paying members. Members who do not pay the voluntary subscription fee in any year may not vote in the general body and other meetings of the association since they would be deemed to have opted out of membership in the voluntary association. Such associations cannot force residents to become members and pay annual or other fees, but they can suspend services to non-paying members.
Apartment Owners Act of the state as "association of apartment owners", or under the Societies Registration Act (central Act or state Act), which requires a minimum of ten members. These acts also set the rules for the establishment of RWA bye-laws, which include such things as membership criteria, voting rights, and the conditions under which RWA officers can initiate legal proceedings on behalf of the registered society.
Therefore the committee of the society is empowered to take suitable action against the non members in this regard for all the activities of the society in a management committee meeting as per the bylaws
Dear Client,
If he has the society's permission as an invitee, he can attend the meeting. His membership in the society will be considered from the date he became a member. The society has the authority to take various measures to collect outstanding maintenance fees, such as imposing penalties, restricting entries, and denying access to facilities, including the use of the lift and common areas.
Can you people give a pointed response like Mr. Ajay Sethi? I have already explained the status of both members. 1. Whether both the members can attend the meeting, Society has not given any invitation to both members for attending the meeting. Please answer in Yes or No. 2. If the Society decides to give the membership, from when can the Society take the maintenance and other expenses? Please give a pointed response as that would make it easy for me to draw a conclusion. Thanks and regards. Sincerely. Francis
no non member cannot attend meeting
2) flat owner will refuse to pay maintenance prior to his being admitted as member
3) insist on clearance of earlier dues before admitting him as member
Only the original member or his proxy can attend both can’t attend
In order to attend the meeting, it is essential that only members are allowed participation. Those who are not members will be unable to join the meeting. Additionally, as a policy, flat owners seeking membership will be required to settle any outstanding maintenance dues before their admission can be considered. The refusal to pay maintenance fees before becoming a member is strictly enforced. Clearing any previous outstanding dues is a prerequisite for their acceptance into the membership. This approach ensures that all members uphold their responsibilities and obligations, fostering a fair and accountable community within the association.
1. Non members cannot attend the meeting if they were not invited
2. The member can pay the maintenance from the date of his admission as member.
3. This is a matter to be decided in a meeting of the committee members based on the prevailing situation.
- As per rule , only first named person in the sale deed of the flat can attend the meeting of the association ,and if case, he is unable to attend, the person whose name comes second can attend the AGM with written permission from the first co-owner, and no other proxy person or person with power of attorney is eligible to attend an AGM as a society member.
1. A non- member and a member who is not paying the maintenance charge to the society cannot attend the meeting
2. From the date of formation of the society , if they were availing the facilities of the society
