Housing Society Its Members
- Category: Structure
- Date 12-05-2025
Housing Society Its Members
Here’s a comprehensive guide on Housing Society Membership in Maharashtra, based on the Maharashtra Cooperative Societies Act, 1960, and Model Bye-laws:
1. Requirements & Eligibility for Membership
To become a member of a cooperative housing society, the person must:
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Be competent to contract (i.e., above 18 and of sound mind).
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Be an Indian citizen or an NRI as permitted under RBI/FEMA rules.
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Own or intend to own property in the society.
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Submit a duly filled application in prescribed form.
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Agree to abide by the society's bye-laws.
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Not be a member of another society for the same property.
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Pay the necessary entrance fees (typically ₹500) and share capital (typically 5 shares of ₹50 each = ₹250).
2. Grounds on Which Society Can Refuse Membership
A society may reject an application if:
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The applicant is already a member of another housing society (for the same property).
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There are disputes or legal issues with the title of the flat.
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The transferee does not meet eligibility criteria.
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The flat is not transferred as per legal procedures.
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The transferee is involved in criminal activity or is declared a defaulter elsewhere.
However, the society cannot refuse membership arbitrarily. Rejection must be in writing with valid reasons.
3. Legal Way to Get Membership
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Submit application with relevant documents: sale agreement, NOC from builder, KYC, proof of payment, etc.
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Society must respond within 60 days.
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If refused or delayed unreasonably, appeal to:
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Deputy Registrar of Cooperative Societies.
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File a complaint under Section 23(1A) of the Maharashtra Cooperative Societies Act.
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4. Members' Rights
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Right to vote in elections.
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Right to inspect society records.
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Right to get share certificate.
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Right to attend and participate in General Body Meetings.
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Right to receive notices, agenda, minutes, and financials.
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Right to be nominated to the managing committee (subject to eligibility).
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Right to transfer flat as per laws.
5. Members' Interests, Duties, Liabilities, Responsibilities
Duties & Responsibilities:
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Pay maintenance, dues, and charges on time.
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Follow society bye-laws and decisions of General Body Meetings.
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Maintain property and avoid misuse.
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Cooperate with managing committee.
Liabilities:
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Financial liability for dues and penalties.
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Legal action for default or misbehavior.
6. Do’s and Don’ts for Members
✅ Do’s:
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Attend GBMs.
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Pay dues on time.
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Maintain cleanliness and decorum.
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Take NOC before renovations.
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Inform society about tenants or visitors staying for long.
❌ Don’ts:
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Unauthorized construction or structural changes.
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Non-payment of maintenance.
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Nuisance or illegal activities.
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Violation of parking rules or common space misuse.
7. Actions Society Can Take Against Members
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Levy penalties for byelaw violations.
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Recover dues with interest.
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File recovery cases under Section 101.
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Expel members for serious misconduct (with Registrar’s approval).
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Restrict voting rights or participation in GBM for defaulters.
8. Actions Members Can Take Against Society
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File complaints with:
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Registrar of Cooperative Societies.
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Cooperative Court.
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Consumer Court (for service deficiencies).
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Use RTI (if public authority involved) or inspect records.
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Call Special General Body Meeting (with 1/5th members).
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File civil cases in severe matters (e.g., fraud, discrimination).
9. Defense Points for Members Against Society
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Proof of payment and cooperation.
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Absence of show-cause notice or fair hearing.
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Breach of bye-laws or natural justice by society.
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Discrimination or misuse of power.
10. Difference Between Membership & Ownership
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Ownership: Legal title of the flat/unit (as per registered sale deed).
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Membership: Recognition by the society as a shareholder and occupant.
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You need both for full legal control.
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A person can be a flat owner but not a member (if society hasn’t admitted them).
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A member can’t sell unless they own the property.
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11. After Demise of a Member
If Nomination Exists:
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Society transfers flat and shares to nominee (per Section 30 of the MCS Act).
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Nominee becomes provisional member.
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Legal heirs must mutually confirm the nominee or contest in court.
If No Nomination:
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Legal heirs must apply with succession certificate or registered will.
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Society transfers membership as per court order or mutual indemnity bond among heirs.
12. Rights of Nominees
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Right to act as a trustee/caretaker.
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Can vote and attend meetings until final ownership is decided.
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Not the sole owner unless legal heirs agree or succession confirms.
13. If No Nomination and Member Dies
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Legal heirs must:
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Apply to society with death certificate.
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Submit succession certificate, heirship certificate, or registered will.
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Society may ask for indemnity bond or court order.
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14. How to Get Share Certificate
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Society must issue share certificate within 6 months of admission.
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Apply in writing if not received.
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If delayed unreasonably, complaint can be filed with Registrar.
15. How to Get Duplicate Share Certificate (if Lost)
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Submit application with affidavit of loss.
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Publish a notice in 2 local newspapers (English and vernacular).
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Indemnity bond to society.
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Society issues duplicate after verifying and recording the loss.
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If you want to consult for :
Membership application
Nominee succession
Duplicate share certificate
Complaint to Registrar
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Last updated: 12/05/2025
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