Please, elaborate the procedure for making another person (supposedly spouse) as an associate member with entitlement to property share and rights. Also, can an existing associate member be removed if
he/she desires? G V S S Rao, Mulund
The model bylaws 3 (xxiv)(b) provide the definition of an associate member to mean a person holding the right, title and interest in the property individually or jointly. However, the name of such a person should not stand first in the share certificate, as per the bylaws. Hence, only those whose names appear later in the certificate could be made an associate member. Pursuant to the 2019 amendments, the Maharashtra CoOperative Societies (MCS) Act's section 154B-1(18)(a) defines that a spouse, parents, siblings, children, son-in-law, daughter-in-law, nephew or niece of a member can be made associates.
Such persons can be duly admitted as an associate on a written recommendation of a member. You may note that your wife can be appointed as an associate, but she cannot be entitled to share, rights and interest as per the legal definition. In case you wish to give her share, right and interest in the flat, you may consider making a gift deed with the certain percentage of shares owned by you in the society. The deed needs to be duly stamped and registered. The model bylaws have not been amended after 2019, resulting in inconsistency. However, every society has a right to amend the bylaws by incorporating the latest amendments by following the due process. The Act being the latest will prevail over the bylaws.
Our building is 37-year-old, with some visible external structural damage. We are planning to install an elevator hence please tell us about the mandatory pre-installation steps, including structural audit to determine load bearing capacity and municipal/government clearances. Priyanka Mehta, Ghatkopar
Firstly, your society will have to pass a resolution at the general body meeting in this regard. Bylaw 76 inter alia provides that structural audit should be conducted once in three years for buildings above 30 years old. The audit for societies falling under the city limits shall be conducted by engineers from the panel approved by municipal corporations. For other societies, the audit shall be carried by the government-approved structural engineers/architects. Visual and condition surveys have to be conducted for mapping structural and nonstructural cracks.
Exterior and the internal structure and each flat should be surveyed.Repairs required are also specified in the audit report and the stability certificate should mention the load bearing adequacy, remaining safe life and repair methodology. A structural stability report should confirm that the building can support the lift shaft and machine room. This is crucial for both the BMC approval and fire department NOC. The precaution towards safety, including periodical inspections of the lift and its maintenance, shall have to be ensured by the society, given the building's age. It will also require a usage license from the electrical inspector (Lifts) and you will have to appoint a licensed contractor for the installation.
Its been 10 years, but the society has not granted me the membership as I had carried out interior design. I have also submitted a certificate from a structural engineer as sought. Can the society refuse membership on this ground? Anoop Padmanabhan Uppot, Matunga
The society cannot refuse to grant membership on this ground. Bylaw 38 provides for the documents to be submitted for transfer of shares and interest in the society's capital property. The documents include a membership application, registered agreement copy, reason for transfer, undertaking to discharge liabilities, etc. The managing committee cannot reject any application to transfer except on the ground of non-compliance with the MCS Act. The society is required to dispose of the application within three months. If that doesn't happen, the transferee shall be deemed to have been admitted as a member as per section 22 (2) of the MCS Act. You may file a complaint with the district deputy registrar if you are aggrieved by the committee's inaction.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
