Since the amendment to the Rules, enactment of the Election Rules and clarification issued by SCEA, an associate member is now eligible to stand for election and become a member of a committee of a society provided the original member has submitted a no objection certificate and undertaking stating that he does not wish to participate in the general body meeting or election process and surrenders all his voting rights in favour of the associate member and authorizes the associate member to contest elections and become a member of the committee of the society. In respect of housing societies which have adopted New By-laws the prescribed form is Form 10A under New By-law No. 116(d).
“Since more than one person made payment of the cost price in the purchase deed of flat in co-operative housing society, they get ownership rights…..
A person, who became an Associate member by paying only admission fee, shall not get any right to vote or stand for election on behalf of the original member. It is necessary for the Associate member that his share/name is included in the ownership of property for holding share jointly…”
However pursuant to the changed definition in New Bye-laws and clarification issued by SCEA, it is now abundantly clear that only those individuals who have acquired an interest, share or right in the property under a duly stamped and registered document (agreement for purchase or gift deed or release deed or relinquishment deed or sale deed) is eligible to be an associate member. This is a welcome move and in conformity with other laws governing acquisition of immovable property namely the Transfer of Property Act, Maharashtra Stamp Act and Indian Registration Act.
