Understanding Associate Member in Housing Society

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Hemant Joshi
Senior Manager - CRM & New Business
What is the meaning of Associate Member in housing Society?

The definition of associate member in housing society was changed when the MCS act was amended and came into force on 9/3/2019.

Old definition of associate member before amendment of MCS act. Was as follows – As per Bye law 3(xxiv)(b) “Associate Member” means a member.who holds the right, title and interest in the property individually or jointly with other, but whose name does not stand first in Share Certificate
Associate member definition, as per amended MCS act W.E.F 9/3/2019 Section 154B-1 (18) (a)  “Associate  Member”  means  husband,  wife,  father,  mother, brother,  sister,  son,  daughter,  son-in-law, daughter-in-law,  nephew, niece  a  person  duly  admitted  to  Membership  of  a  housing  society on  written  recommendation  of  a  Member  to  exercise  his  rights  and duties  with  his  written  prior  consent  and whose  name  does  not stand  in  the  share  certificate
After the amendment new forms/bye laws/rules should have been notified but it got delayed due to various reasons. Now we have amended the act but old forms 5 and 10A for associate membership. Form 5 is an application by the associate member to enable him/her to attend AGM/SGM in the absence of the original member. Form 10A is an NOC issued by an original member so that associate members can take part in MC election and also get elected to MC. At present you will have to use the same old forms, have made the necessary corrections and submit along with a cheque for Rs 100 as membership fee.
MC should also accept such forms.
Form 5 Form 5(1)(2).docx
10A 10A(2)(2).docx
Associate Member rights
As per the Maharashtra Co-operative Societies (Amendment) Ordinance, 2019, an Associate Member in a Maharashtra co-operative housing society has the following rights:

  1. Right to Inspect Documents

  1. Associate Members are entitled to inspect, free of cost, various documents at the society’s office during office hours or at any time fixed by the society. These documents include a copy of the Act, rules, bye-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the Committee, a register of members, minutes of general meetings, minutes of Committee meetings, and those portions of the books and records where their transactions with the society have been recorded.

  1. Right to Vote

  1. With the prior written consent of the primary member, an Associate Member has the right to vote in the society’s elections. This consent is essential to ensure that the primary member’s interests are duly represented.

  1. Right to Contest Elections

  1. An Associate Member has the right to contest elections to the Committee, again with the prior written consent of the primary member. This allows them to actively participate in the governance of the society.

  1. Right to Access Information

  1. Associate Members can request copies of any documents mentioned in the Act within forty-five days from the date of payment of such fees at a rate decided by the Registrar. If the society is assisted by the Government, the information must be furnished within thirty days from the date of the request.

  1. Right to Representation

  1. In the case of a joint Member, if the person whose name stands first in the share certificate is absent, the Associate Member may have the right to vote, provided they are present and not a minor.

It is important to note that these rights are contingent upon the Associate Member’s adherence to the society’s rules and bye-laws, as well as their fulfillment of any duties and responsibilities as outlined in the Act. The Associate Member’s role is to support and represent the primary member’s interests within the cooperative housing society framework.
Difference between "Associate Member" and "Joint Member"
In the context of the Maharashtra Co-operative Societies (Amendment) Ordinance, 2019, the terms “Associate Member” and “Joint Member” refer to different types of membership within a cooperative housing society. Here are the key differences between the two:
Associate Member

  1. Relationship-Based

  1. An Associate Member is a person who is admitted to membership on the written recommendation of a primary member. This primary member must give their written consent for the Associate Member to exercise rights and duties on their behalf.

  1. Familial Ties

  1. The Associate Member is typically a close family member of the primary member, such as a spouse, parent, sibling, child, or in-law.

  1. Representation

  1. The Associate Member represents the primary member and exercises rights and duties with the primary member’s consent.

  1. Name on Share Certificate

  1. The Associate Member’s name does not appear on the share certificate.

  1. Rights

  1. Associate Members have the right to inspect documents, attend meetings, access information, and vote in society elections with the primary member’s consent.

Joint Member

  1. Shared Ownership

  1. A Joint Member is a person who joins in an application for the registration of a housing society jointly with others. This could be at the time of registration or afterward when admitted to membership.

  1. Equal Rights

  1. Joint Members hold equal rights, title, and interest in the flat or property, although their name may not be listed first on the share certificate.

  1. Voting Rights

  1. In the case of a joint membership, the person whose name stands first in the share certificate has the right to vote. If they are absent, the next person whose name appears on the certificate and is present, and not a minor, can vote.

  1. Name on Share Certificate

  1. The names of Joint Members are listed on the share certificate, reflecting their shared ownership.

  1. Rights

The names of Joint Members are listed on the share certificate, reflecting their shared ownership.
In summary, while both Associate and Joint Members are affiliated with a primary member, the key distinction lies in the nature of their relationship to the primary member and the property. Associate Members are related family members who represent the primary member, whereas Joint Members are co-owners who share equal rights and responsibilities in the property.
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