Question 1

Since Chapter XIII-B was added to the Act, which of the general membership and transfer sections no longer apply to housing societies?

Accepted Answer

Section 154B(2) switches off, for housing societies, the general sections on associate members (s.24), rights before payment (s.26), voting (s.27), share-holding limits (s.28), restrictions on transfer including the one-year holding rule (s.29), transfer on death (s.30) and inspection of books (s.32). Housing-specific sections in Chapter XIII-B take their place. Section 154B(1) lists the provisions that apply to housing societies "mutatis mutandis": among them ss.22 (who may be a member), 23(1)-(3) (open membership and appeal), 25 and 25A (cessation and removal from the register), 31 (share not attachable), 33-35 (past members' liability, insolvency, expulsion) and 38 (register of members). Section 154B(2) lists those that do not apply, including ss.23(4), 24, 26, 27, 28, 29, 30 and 32. Consequences: (1) the one-year holding condition in s.29(2)(a), which BL 37(b) of the 2014 bye-laws asks the Secretary to check, is no longer a statutory bar for housing societies; (2) transfer on death is governed by s.154B-13 and Rule 106C-6 (provisional members), not s.30; (3) voting follows the Chapter XIII-B provision (the draft 2026 joint-membership form cites s.154B-11(4) for the order of voting among joint holders); (4) inspection and copies follow s.154B-8. Section 23(1-A), the route of lodging an application through the Registrar, appears in neither list, so its status for housing societies is unclear.

Question 2

Can a company, a partnership firm or a trust own a flat and become a member of a housing society?

Accepted Answer

Yes. The Act allows firms, companies, other bodies corporate and registered public trusts to be members, and the 2026 Rules require such an applicant to attach a resolution authorising the application. Older Government orders on corporate membership may add conditions; check the annexure to your bye-laws. Section 22(1)(b)-(f) (applicable to housing societies under s.154B(1)) lists, besides individuals, a firm, company or other body corporate, a society, the State or Central Government, a local authority and a registered public trust. Rule 106C-4 (2026) says that where the applicant is one of the persons in s.154B-1(20)(ii)-(xii) (the non-individual categories), the application "shall also be accompanied by a resolution authorising it to apply". BL 18-19(c) (2014) require a certified copy of the agreement, the authorising resolution, share money and entrance fee, and compliance with Government notifications under the second proviso to s.22; the draft 2026 bye-laws require the resolution (dBL 23(f)). Such a member acts through an authorised representative. Occupation by the company's staff is dealt with as use by the member's licensees or, under the 2014 bye-laws, through nominal membership (BL 20). A Hindu undivided family is not listed separately; societies usually admit the karta in his own name.

Question 3

Our society still admits tenants as 'nominal members'. Does that class survive under the 2026 Rules and draft bye-laws?

Accepted Answer

The 2014 bye-laws had nominal members (tenants, licensees, company occupants). The 2026 Rules mention them only in passing, and the draft 2026 bye-laws list only four classes — member, joint, associate and provisional — so nominal membership is likely to disappear when the new bye-laws are adopted. BL 16 and 20 (2014) created a class of nominal members: a sub-lessee, licensee, caretaker or occupant admitted through the member on a ₹100 entrance fee, with no rights of a member (BL 26), ceasing when the permission or the original membership ends (BL 56-57). Section 27(8), which barred nominal members from voting, is among the sections s.154B(2) disapplies to housing societies. The 2026 amendment to Rule 8 lists "nominal, associate, joint and provisional members" among matters bye-laws may cover, but Chapter XI-B deals only with associate and provisional members. The draft 2026 bye-laws say membership "shall consist of the following classes only": member, joint member, associate member and provisional member (dBL 21), and handle tenants by intimation and records instead — the leave-and-licence agreement and police intimation (dBL 40) and a Tenants Register. Until the society adopts new bye-laws, existing nominal memberships under the registered bye-laws continue; they carry no vote either way.

Question 4

Who can I make my associate member — only close relatives, or also a friend or my caretaker?

Accepted Answer

Under the 2026 Rules, an associate member must be a person defined in s.154B-1(18)(a): spouse, parent, sibling, child, son- or daughter-in-law, nephew or niece. Form Y-5A is built around that list. A friend or caretaker is not eligible; he can be authorised to act only in ways that do not need membership. Rule 106C-5(i) (2026) allows "any person defined in section 154B-1(18)(a)" to apply as associate member in Form Y-5A with the member's recommendation. The draft 2026 bye-laws reproduce the definition: husband, wife, father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, nephew, niece "or a person duly admitted to Membership ... on written recommendation of a Member ... whose name does not stand in the share certificate" (dBL 4(xxi)(a)). The words "or a person duly admitted" could be read widely, but Form Y-5A requires the applicant to state that he is related to the member as one of the listed relatives, and draft Form 07 has the applicant confirm he is "a relative within the meaning of" s.154B-1(18)(a). So a friend or employee is not eligible. Under the 2014 bye-laws "associate member" meant a joint owner named second (BL 3), a different idea. A member abroad who wants someone local to handle day-to-day matters can give a letter of authority for correspondence and payments, but that person cannot attend general meetings (BL 103; dBL 99(b)).

Question 5

My daughter is my associate member. Can she attend the AGM, vote and even stand for the committee in my place?

Accepted Answer

Yes, with your prior written consent. Form Y-5A says the associate member may participate and vote in meetings and contest committee elections on the member's behalf with the member's prior written consent. She has no other rights of a member, and there is still only one vote for the flat. Form Y-5A, prescribed by Rule 106C-5 (2026), has the applicant declare that she "shall have no rights or privilege of a member except to participate and vote in the meeting or contest in the election to committee of the society with prior written consent of the Member". The definition in s.154B-1(18)(a), as reproduced in the draft bye-laws, speaks of a person admitted "to exercise his rights and duties with his written prior consent" (dBL 4(xxi)(a)); associates exercise only the rights specifically conferred (dBL 25(e)). The 2014 bye-laws gave the associate (then the second-named owner) a vote in the member's absence (BL 105) and required a no-objection certificate and undertaking from the member for the associate to stand for the committee (BL 116(d)). Practical points: give a written consent for each meeting or a standing consent the Secretary files; you and your daughter cannot both vote; and if she is elected, her seat depends on your continuing consent — revoking it or your death ends her associate membership (Rule 106C-5(ii)).

Question 6

I want to cancel my son's associate membership. How do I do it, and does the committee have to agree?

Accepted Answer

Write to the Secretary withdrawing your recommendation and consent. Under the 2026 Rules the associate membership ends on the member's request; the committee only records it. Ask for written confirmation and for the Register of Associate Members to be updated. Rule 106C-5(ii) (2026): an associate member ceases to be one "on the request of the original member for cancellation of Associate Membership". The draft 2026 bye-laws add that the member may revoke his recommendation or consent "at any time by giving a written intimation to the Society, and upon such revocation, the Associate Membership shall cease" (dBL 25(c); dBL 56(b)(iii)-(iv)), and supply a form for the revocation (Form 08). The committee records the cessation in its minutes, and the Secretary communicates it in writing within 7 days and updates the registers (dBL 57). No reasons are needed and the committee has no discretion to refuse; its role is to record. Consequences: from the date of revocation the son can no longer attend or vote at meetings for the flat; if he holds a committee seat by virtue of your consent, the committee should take legal advice on the vacancy. An associate member may also resign himself at any time (dBL 42(c)).

Question 7

Does an associate member have to pay an entrance fee or buy shares?

Accepted Answer

No shares — the associate's name is not on the share certificate. On the entrance fee the texts conflict: the 2026 Form Y-5A says the applicant remits an entrance fee, while the draft 2026 bye-laws' form says none is prescribed. The 2014 bye-laws charged ₹100. Follow your registered bye-laws until this is settled. Rule 106C-4 (2026) sets the five-share and ₹500 entrance-fee conditions for admission "except associate or provisional member", so those conditions do not apply to associates. But Form Y-5A — part of the same Gazette notification — has the applicant "remit herewith the entrance fee of Rs. ...", leaving the amount blank. The draft 2026 bye-laws' Form 07 (which says it is drafted to conform to Form Y-5A) states instead that "no separate entrance fee is prescribed for admission as an Associate Member under Rule 106C-5". Under the 2014 bye-laws an associate applied with an entrance fee of ₹100 (BL 19(b)). No text requires an associate to subscribe for shares, and since the associate is not on the certificate (dBL 4(xxi)(a)) there is nothing for him to hold. A society may therefore charge the entrance fee fixed in its registered bye-laws (₹100 under the 2014 model), but should not charge the ₹500 applicable to full members, pending the final 2026 bye-laws.

Question 8

My wife and I are joint owners and her name is first on the share certificate. Can we change the order of names?

Accepted Answer

The texts do not provide a simple 'swap'. The draft 2026 bye-laws tie the first name to the registered title document and the joint-membership application signed by all holders. A fresh joint application signed by both, recording the agreed order, is the usual way; the committee then endorses the certificate. The first-named holder matters because he or she is treated as the member for most purposes and votes first (dBL 24(b); the draft joint-membership form cites s.154B-11(4) for the order of voting — first named if present, then the next, provided not a minor). Under the draft 2026 bye-laws, "the person whose name appears first in the registered document of title and in the Share Certificate" is deemed the member (dBL 24(b)), and Form 06 has all joint applicants agree who stands first. The older general rule on joint members (Rule 20(1)) no longer applies to housing societies (Rule 106C-1). Neither text has a procedure for changing the order without a change in ownership. Practical course: both holders sign an application (Form 06 style) asking that the order be changed, with a copy of the title document; the committee minutes it and endorses the certificate. If the registered deed names the holders in a different order, the committee may ask for a supplementary deed; take advice. No premium or transfer fee is involved where ownership shares do not change.

Question 9

I am the second-named joint owner. What rights do I have on my own — notices, inspection of records, complaints?

Accepted Answer

You are a member of the society in your own right as a joint member. You vote only when the first-named holder is absent, and notices to the first holder count as notice to you. You can still inspect records, raise complaints and take disputes to the proper forum yourself. The Act and the draft bye-laws include joint members in "Member" (dBL 4(xxi); dBL 21(b)). The first-named holder is deemed the member for most purposes (dBL 24(b)), and notices served on the first holder are deemed served on all joint members unless the Act, Rules or bye-laws say otherwise (dBL 24(e)). Voting follows the order on the share certificate: first named if present, then the next present who is not a minor (s.154B-11(4) as cited in the draft Form 06). Otherwise a joint member "shall exercise such rights and discharge such duties" as the Act, Rules and bye-laws provide (dBL 24(d)). The right to inspect the Act, bye-laws, audited accounts, registers and minutes and to receive copies belongs to "every Member" (s.154B-8; dBL 37-38), as does the right to complain and seek redress (dBL 34(g)). A joint member nominates separately for his own share (Rule 106C-8(1)) and may resign through the first-named member (dBL 42(b)). Ask the Secretary to record your own e-mail for copies of notices.

Question 10

I have received a notice that a resolution to expel me will be moved at a general meeting. What are my rights, and how do I defend myself?

Accepted Answer

You are entitled to a written notice stating the grounds, time to reply, and a hearing before the general body. The resolution needs three-fourths of the members present and voting, and it has no effect until the Registrar approves it after hearing you. Reply in writing, attend, and pursue the matter before the Registrar. Section 35(1) (applicable to housing societies under s.154B(1)) allows expulsion only for acts detrimental to the society's interest or proper working, by a resolution of not less than three-fourths of members entitled to vote who are present at a meeting held for the purpose; no resolution is valid unless the member has had an opportunity to represent his case to the general body, and none is effective until approved by the Registrar. Rule 29 requires the resolution to be put on the agenda and notice given to the member to appear at a meeting held not earlier than one month from the notice. The draft 2026 bye-laws add a written show-cause notice with the grounds and at least 15 days to reply, considered by the committee first (dBL 53(b)). The Bombay High Court in Aderabad CHS (2007) required the Registrar to inquire into the resolution's validity rather than rubber-stamp it. Your defence: reply point by point with documents; clear any genuine dues (persistent default is the commonest ground); attend and speak; ask that your representation be minuted; and appear before the Registrar, who hears both sides before deciding.

Question 11

If a member is expelled, does he lose his flat as well as his membership?

Accepted Answer

The 2014 bye-laws say an expelled member must hand over possession and his interest is acquired and paid for at a valued price. In a society where members own their flats this is drastic and contested; the draft 2026 bye-laws drop the eviction clause. Take legal advice before relying on it. BL 49(b)-52 (2014): expulsion may involve forfeiture of shares (to be mentioned in the Rule 29 notice); the member ceases from the date the Registrar approves; he "shall not be entitled to continue in occupation" and must hand over vacant possession within the time the committee allows, failing which he is liable to eviction; if the general body decides not to forfeit, the society acquires his interest and pays its value within three months of possession, after a valuation and offers under BL 63. Rule 28 also says expulsion "may involve forfeiture of shares". The draft 2026 bye-laws keep expulsion (dBL 52-53), and list cessation "on cessation of his right, title and interest in the property of the Society by legal attachment, sale or otherwise" (dBL 55(g)), but do not repeat the possession and eviction clauses. In a flat-owners' society, where the member bought the flat under a registered agreement, taking the flat itself raises questions of property law that the model bye-laws do not resolve. Recovery of dues under s.154B-29 is the ordinary remedy for non-payment.

Question 12

An expelled member wants to rejoin. When can he be readmitted, and can he join another society meanwhile?

Accepted Answer

Not for one year from the expulsion, either in the same society or in any other society, unless the Registrar sanctions it in special circumstances on the society's application. The draft 2026 bye-laws add that early readmission needs a general-body resolution, and that readmission is never a matter of right. Section 35(2) bars an expelled member from readmission to that society, or admission to any other society, for one year from the expulsion; the Registrar may, on the society's application and in special circumstances, sanction earlier readmission or admission. BL 53 (2014) repeats the one-year bar and allows earlier readmission as a special case on the general body's recommendation with the Registering Authority's prior permission. The draft 2026 bye-laws require both a general-body resolution recommending readmission and the Registering Authority's prior approval, and add that readmission "shall not be claimed as a matter of right" (dBL 54). After the year, the person applies like any other applicant — he must meet the admission conditions (Rule 106C-4), and in an owners' society he must still hold the flat or another flat. Arrears that led to expulsion remain recoverable and are a lawful point for the committee to consider.

Question 13

Can a member be expelled for refusing to vacate his flat for an approved redevelopment?

Accepted Answer

Only the draft 2026 bye-laws make this an express ground of expulsion; it is not in the 2014 bye-laws or the 2026 Rules. Even under the draft, the full s.35 procedure and the Registrar's approval apply. Societies usually seek a court or arbitral order for possession rather than expulsion. The draft 2026 bye-laws add a ground: a member who "refuse[s] to vacate the flat in redevelopment after obtainment of required approvals as provided in the Development Agreement" (dBL 52(g), added, per the drafters' note, on the recommendation of the self-redevelopment committee). The 2014 grounds (BL 48) do not include it, although a society may argue that obstruction is an act "detrimental to the interest or proper working of the society" under s.35(1). Whatever the ground, expulsion needs a show-cause notice, a hearing before the general body, a three-fourths resolution and the Registrar's approval after hearing both sides (s.35; Rule 29; dBL 53). In practice, where a minority member blocks an approved redevelopment, developers and societies have more commonly sought possession through arbitration or the courts; the outcome depends on the facts and the agreement. Until the final 2026 bye-laws are adopted by a society, dBL 52(g) is not a ground on its own.

Question 14

Does the 'active' and 'non-active' member classification still matter after the 2026 amendments?

Accepted Answer

Much less. The 2026 amendment Rules deleted the word 'active' from Rule 60 on general meetings, and the draft 2026 bye-laws do not use the classification at all. It survives only where a society's registered bye-laws still contain it, and even there its use to restrict rights is doubtful. The 2014 bye-laws define an active member (attended a general meeting in five years, owns a flat, pays charges regularly), require annual classification with notice and a 60-day appeal to the Registrar, and use non-active status in elections and as an expulsion ground after five more years' absence (BL 22(c)-(f), 48(f), 116(e)). The classification came from the 2013 amendments for all co-operative societies. The MCS (Amendment) Rules 2026 remove "active" from Rule 60 — deleting the words "an active member elected by the active" in sub-rule (1) and the word "active" in sub-rules (3) and (4). The draft 2026 bye-laws, which list members' rights and committee disqualifications in full, contain no active/non-active concept (dBL 21, 34, 112). Until a society adopts new bye-laws, the Secretary may still be asked to classify under BL 22; but denying a member the vote or candidature on that basis invites a challenge. Check the election rules in force for your society's class before any election.

Question 15

Our building has been redeveloped. Do we get new share certificates, and what about members of the newly added flats?

Accepted Answer

Yes. The draft 2026 bye-laws require fresh share certificates for existing members for their newly allotted premises, after the old ones are surrendered and cancelled, and certificates for new members of the new flats — all within six months of the occupation certificate or completion. dBL 14(b) (draft 2026): on completion of redevelopment or reconstruction the society issues fresh share certificates to existing members in respect of the premises allotted under the approved plans and agreements; the originals are surrendered and cancelled first; new members admitted for newly created flats (usually the developer's sale flats) also receive certificates; and all are issued within six months of the occupation certificate or completion, whichever is earlier, with particulars matching the society's records, the agreements and approvals. Form 02 is the member's application for a fresh certificate. The 2014 bye-laws have no specific clause, but the general six-month rule for issuing certificates (BL 9(a)) and the signature and seal requirements (BL 10) apply. Buyers of the developer's new flats apply for membership in the ordinary way (Rule 106C-4) with their registered agreements; the developer's own membership for unsold flats follows the bye-laws. Keep the cancelled originals in the share-certificate records, which are permanent.

Question 16

My name is spelt wrongly on the share certificate (or has changed after marriage). How do I get it corrected?

Accepted Answer

Apply to the committee with proof: an affidavit, and for a change of name the Gazette notification or marriage certificate, plus the registered agreement showing the correct name. The committee corrects the registers and endorses or reissues the certificate. No transfer fee or premium is involved. Neither the 2014 nor the draft 2026 bye-laws contain a specific "correction of name" clause, so the general application procedure applies: acknowledgement, defects pointed out within 15 days, decision within three months under BL 62 (2014), or the shorter clocks in dBL 60 (draft). The society must keep the Register of Members (Form I) and share records accurate (s.38; dBL 14(a) requires particulars in certificates to match the society's records and title documents). Supporting papers usually asked for: an application; an affidavit explaining the discrepancy; the registered title document; identity documents in both names; and for a change of name, the Maharashtra Government Gazette notification or a marriage certificate. The committee minutes the correction and the Secretary endorses the certificate under proper signatures (BL 10) or issues a replacement marked with a reference to the original. A correction is not a transfer, so no transfer fee or premium applies; any copying fee follows the bye-law schedule.

Question 17

The committee says I cannot be admitted because I already own another flat in the society (or in the same city). Is that a valid ground?

Accepted Answer

No. The model bye-laws expressly allow a member to hold more than one flat, and owning property elsewhere is only something you declare. The 2026 Rules do not ask for it at all. Refusal on this ground alone can be appealed to the Registrar. BL 59 (2014) says an individual member "may hold more than one flat" in the society's buildings in his name or in the name of family members, subject to s.6 of the Act — and s.6 is among the provisions that s.154B(2) disapplies to housing societies. BL 19(a)(iii) asks the applicant to declare any house, plot or flat owned by him or family members in the society's area of operation, and BL 62(a)(vii) treats "holding additional flats" as an application matter; neither makes other property a disqualification. Rule 106C-4 (2026), which sets the conditions for admission, does not ask for the declaration, and the draft 2026 bye-laws allow refusal only for non-compliance (dBL 33(e)). The exception is where the land grant or allotment itself limits ownership (for example certain MHADA, CIDCO or Government schemes) — then the authority's condition is a lawful ground (BL 17(c); dBL 22(d)). A member with two flats pays charges for both but has one vote (membership-104).

Question 18

I live abroad. Can someone vote for me at the AGM under a power of attorney, or can I attend online?

Accepted Answer

No proxy or power-of-attorney holder may attend a general meeting for a member. The model bye-laws do not provide for online attendance at general meetings — the draft 2026 bye-laws allow audio-visual mode only for committee meetings. The lawful alternative is an associate member, a close relative who can vote with your written consent. BL 103 (2014) and dBL 99(b) (draft 2026) both say that no proxy, holder of a power of attorney or letter of authority is eligible to attend a general body meeting on behalf of a member, and resolutions are passed by a majority of the members present (dBL 100(c)). The draft 2026 bye-laws introduce meetings through audio-visual mode, with participants deemed present for quorum and voting, but only for committee meetings (dBL 130); nothing equivalent is provided for general meetings. A society that wants hybrid general meetings would need a clear provision in its registered bye-laws, and even then should take advice. The route that works today is an associate member: a spouse, parent, child, sibling, son- or daughter-in-law, nephew or niece admitted on Form Y-5A, who may participate and vote on your behalf with your prior written consent (Rule 106C-5). A power of attorney remains useful for everything else — paying charges, signing transfer papers, dealing with the society's correspondence (see transfer-303). Make sure the society has your e-mail for notices.

Question 19

Along with the membership form, the committee demands police verification, income proof, a caste certificate and a 'character certificate'. Can it?

Accepted Answer

Mostly no. Admission rests on the conditions in the Rules and bye-laws: the application, shares and entrance fee, a registered title document, and any land-grant eligibility. Police verification applies to tenants, not owners; caste or 'character' papers are not admission conditions, and asking for unnecessary personal data sits badly with data-protection law. Rule 106C-4 (2026) lists what is required: the application in the bye-law form with share value and entrance fee, a certified copy of the registered title instrument, committee approval, and for bodies, an authorising resolution. The 2014 bye-laws add declarations about other property, use of the flat, and an undertaking if the applicant has no independent income (BL 19(a)(iii)-(v)) — so an income declaration may be asked for under a society still on the 2014 text, but not a salary slip as a test of worth. Eligibility under CIDCO, MHADA, SRA or MMRDA rules can require specific certificates (BL 19(a)(viii); dBL 23(g)), which is the only setting in which, for example, a caste or income certificate might be relevant. Police intimation is required for leave-and-licence occupants (BL 42; dBL 40), not buyers. Refusing admission for not producing papers outside the list is refusal without sufficient cause (s.23(1)); and the Digital Personal Data Protection Act 2023 expects organisations to collect only the personal data needed for the purpose.

Question 20

When exactly does a person stop being a member, and what must the Secretary do when that happens?

Accepted Answer

On accepted resignation, transfer of his whole interest, death, expulsion (from the Registrar's approval), insolvency or legal disability, seven years' unknown whereabouts with no claim, or loss of his interest by attachment or sale. The committee minutes the cessation and the Secretary informs the person or heirs and updates the registers within 7 days. Section 25 (applicable to housing societies) says a person ceases to be a member on acceptance of resignation, transfer of the whole of his share or interest, death, removal or expulsion, and for bodies corporate on dissolution. BL 54 (2014) and dBL 55 (draft 2026) add insolvency or legal disability, whereabouts unknown for seven continuous years with no claim, cessation of right, title and interest by legal attachment or sale, a transfer found void, and cancellation under the Act or bye-laws. Section 25A requires the committee to remove from the register the name of a person who has ceased to be a member or is disqualified, and the Registrar can direct it. Procedure: the committee records the cessation in its minutes; within 7 days the Secretary communicates it in writing to the person or his heirs and updates the Register of Members, Share Register and other records (BL 58; dBL 57); where cessation is by death, transfer or expulsion, the Secretary starts the follow-up steps (nominee admission, new member, Registrar approval). A past member's liability for the society's debts continues for two years (s.33; dBL 59).

Question 21

The society will not even accept my membership application or my cheque. Can I lodge the application through the Registrar?

Accepted Answer

Section 23(1-A) created that route, but s.154B lists only s.23(1)-(3) as applying to housing societies, so its availability is uncertain. What clearly applies: send the application by registered post or e-mail so its receipt is provable; the three-month deemed-membership rule in s.22(2); and an appeal to the Registrar under s.23(2). Section 23(1-A) lets an eligible person whose application or payment a society refuses to accept tender it to the Registrar, who forwards it within 30 days; if the society then fails to decide within 60 days, the applicant is deemed a member (Rule 19A prescribes Form H-1 and a refund with interest on refusal). But s.154B(1) applies to housing societies only "sub-sections (1), (2) and (3) of section 23", and s.154B(2) disapplies s.23(4); sub-section (1-A) is in neither list. Until that is clarified, rely on the provisions that plainly apply: s.22(2) (a decision with reasons within 15 days of the decision or three months of receipt, otherwise deemed membership decided by the Registrar), s.23(1) (no refusal without sufficient cause) and s.23(2)-(3) (appeal to the Registrar, decided as far as possible within three months). Practical steps: send the complete application with a demand draft by registered post AD and e-mail to the Secretary; keep the proofs; after three months apply to the Deputy Registrar for a declaration under s.22(2), or appeal against a refusal under s.23(2).

Question 22

What changed for membership between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?

Accepted Answer

Shares fell from ten to five and the entrance fee rose from ₹100 to ₹500 (2026 Rules). 'Associate member' now means a close relative acting with the member's consent, not a joint owner; joint and provisional members are separate classes; nominal and active/non-active classes fade out in the draft; and the draft sets shorter application clocks. Admission: 2014 required ten shares, a ₹100 entrance fee and declarations on other property, use and income (BL 19); Rule 106C-4 (in force 22 Jun 2026) requires the value of at least five shares, a ₹500 entrance fee, a registered title instrument (including a gift deed) and committee approval. The draft bye-laws speak of ten shares of ₹50 (dBL 23(b)) but their forms use five — the Rule prevails. Classes: 2014 had members (including "associate" joint owners) and nominal members (BL 16); Chapter XIII-B and the draft have member, joint, associate (relative on recommendation, Form Y-5A) and provisional (nominee after death, Form Y-4) — "classes only" (dBL 21). Active/non-active: 2014 BL 22 classification; the 2026 Rules delete "active" from Rule 60 and the draft drops it. Clocks: 2014 — defects in 15 days, decision in three months (BL 62); draft — acknowledgement in 3 days, scrutiny in 7, decision in 60 (dBL 60) or 30 for transfers (dBL 33); deemed membership after three months throughout (s.22(2)). The Rules bind now; the draft binds only once adopted.

Question 23

Is the builder a member of the society for the flats it has not yet sold, and how many votes does it get?

Accepted Answer

Yes, the 2014 bye-laws contemplate the promoter-builder applying for membership in respect of unsold flats, with some declarations waived. But every member has only one vote, however many flats it holds. When the builder sells a flat, the buyer applies for membership in the ordinary way. The notes to BL 19(a) and 19(c) (2014) exempt "the Promoter Builder, applying for Membership of the Society, in respect of the unsold flats" from the declarations about other property, use of the flat and income, and the corporate builder from the agreement and Government-notification conditions — showing that the builder is admitted as a member for unsold units. BL 105 says every member has one vote only, and BL 59 allows a member to hold several flats; so a builder holding twenty unsold flats still casts one vote. The number of members is capped at the number of flats (BL 17 note (3)). When the builder sells an unsold flat, the purchaser applies with a certified copy of his registered agreement with the promoter (Rule 106C-4(b)); the builder's membership for that flat ends. Charges on unsold flats are payable like any other flat's; disputes about pre-registration outgoings between builder and buyers are governed by the flat-ownership law and RERA, outside the bye-laws.

Question 24

Can the committee strike a member's name off the register on its own — for example for years of unpaid dues?

Accepted Answer

No. Non-payment does not end membership by itself. The committee can remove a name only when the person has ceased to be a member under the Act or bye-laws (resignation, transfer, death, approved expulsion and so on) or is disqualified by law. For dues, the remedies are recovery and, in serious cases, expulsion with the Registrar's approval. Section 25A obliges the committee to remove from the register the name of a person "who has ceased to be a member or who stands disqualified" under the Act; the circumstances of cessation are in s.25, BL 54 and dBL 55. Persistent default is a ground for expulsion (BL 48(a); dBL 52(a)), but expulsion takes effect only when the Registrar approves a three-fourths resolution passed after hearing the member (s.35; Rule 29; dBL 53(c)). Until then the defaulter remains a member, though he may be disqualified from the committee if he does not pay within three months of a written demand (BL 116(b); dBL 112(a)). The recovery route is a certificate from the Registrar under s.154B-29 (Form Y-6), with interest within the bye-law cap. A committee that deletes a name without a lawful basis exposes itself to a Registrar's direction under s.25A's proviso or a s.91 dispute, and the Register of Members is evidence in later proceedings, so accuracy matters.

Question 25

I have lost my share certificate (or it is torn). How do I get a duplicate?

Accepted Answer

Apply to the society for a duplicate. For a lost certificate, attach a copy of the police complaint and an affidavit. The draft 2026 bye-laws also ask for an indemnity bond. For a damaged one, give an affidavit and surrender the original. The committee issues a certificate marked as a duplicate; the 2014 fee is Rs 100. Your membership and title are not affected by the loss. BL 9(b) (2014) lets the committee issue a duplicate on application: - lost: a copy of the police complaint and an affidavit; - soiled, burnt, torn or disfigured: an affidavit. The fee schedule sets Rs 100 for a duplicate share certificate (BL 170 item 6). Like the original, it is signed by the chairman, the secretary and an authorised committee member under the seal (BL 10). The draft 2026 bye-laws require, for a loss, a police or non-cognizable complaint, an indemnity bond in the prescribed form and a self-declaration or affidavit. For damage they require an application, an indemnity bond, an affidavit and surrender of the original. The duplicate is marked "Duplicate", refers to the original and is entered in the register of share certificates (dBL 15). Form 03 is the application. The application goes through the ordinary application procedure. It is acknowledged, deficiencies are pointed out within 15 days, and it is decided within three months (BL 62). A refusal must be minuted with reasons. Non-issue of share certificates is a matter for the Registrar (dBL 190(A)(ii)). Selling soon? Get the duplicate first; buyers and banks ask for it.

Question 26

I have lost the original registered agreement for my flat. Does the society still treat me as the owner, and what should I do?

Accepted Answer

Your membership stays on the society's register; losing a paper does not end it. But you will need proof of title to sell, mortgage or transfer. Get a certified copy of the registered agreement from the Sub-Registrar's office, lodge a police complaint about the loss, and keep both with your society papers. The society's own rules accept a certified copy of the registered agreement. Membership rests on the society's decision to admit you, recorded in the Register of Members (s.38; see records_rti_privacy-101). For admission, Rule 106C-4(b) asks for "a certified copy" of the stamped, registered agreement, not the original. The society can therefore work from a certified copy for any later transfer. A registered document is kept on the Sub-Registrar's record, and certified copies can be applied for there under the Registration Act 1908. For recent registrations, the Maharashtra registration department's online search can locate the document number. Buyers, banks and their lawyers usually ask for the original chain of agreements. When the original is lost, they commonly ask for a police complaint, a public notice in newspapers inviting claims, and an indemnity. Your advocate will advise on these. Ask the society for a letter confirming your membership, share certificate number and the date of admission. A duplicate share certificate is separate (see membership-101).

Question 27

What are my rights and duties as a member of a housing society?

Accepted Answer

Rights include peaceful use of your flat and the common areas, voting and standing for the committee, inspecting records and getting copies, receiving notices, accounts and audit reports, complaining and seeking redress, and nominating, transferring, mortgaging or letting your flat under the rules. Duties include paying dues on time, following the Act, Rules, bye-laws and lawful resolutions, keeping your flat in repair, not causing nuisance, informing the society of changes, and allowing access for repairs and inspections. The draft 2026 bye-laws gather these in one place, drawn from ss.154B-10 and 154B-11 of the Act. Rights (dBL 34): - hold and peacefully enjoy the flat with its shares; - attend, speak and vote at general meetings; - vote at and contest committee elections, subject to disqualifications; - use common facilities without discrimination; - inspect records and get certified copies (s.154B-8); - receive notices, minutes, audited statements, the budget and audit reports; - complain, requisition meetings and seek redress; - nominate, appoint an associate member, transfer, mortgage or exchange the flat; - let it out on intimation, without prior permission where the law needs none. Duties (dBL 35): - pay dues in time; - attend meetings; - maintain the flat and use it only for the permitted purpose; - use common areas without nuisance or damage; - report changes of ownership, address, occupants, tenants or mortgage; - answer for family members, tenants, staff and visitors; - allow authorised entry after notice (at once in an emergency); - follow lawful resolutions; - co-operate on repairs, audits, fire safety, conveyance and redevelopment. The 2014 bye-laws contain the same duties spread across BL 38-48 and 64-70. Breach of a duty can lead to a penalty of up to Rs 5,000 a year after a hearing (BL 164), and in serious cases expulsion (see membership-005).

Question 28

I own two flats in the same society. Do I get two votes, and do I pay maintenance on both?

Accepted Answer

You pay the charges for each flat, because they are levied per flat or by each flat's area or cost. But you have only one vote. The Act says no member has more than one vote in the society's affairs. At a general meeting it is one member, one vote, however many flats he holds. Section 27(1): "no member of any society shall have more than one vote in its affairs", and the vote is exercised personally, not by proxy. BL 105 (2014) repeats "one Member one vote". Where a share is held jointly, the person named first on the certificate votes; in his absence, the next person present who is not a minor (s.27(2)). See also membership-004 on associate and joint members. Charges follow the flat. Service charges are per flat, sinking and repair funds per flat's construction cost, and insurance and the major repair fund by each flat's carpet area (Rule 106C-12(4)). An owner of two flats therefore pays two sets of charges. Under the 2014 bye-laws, "holding additional flats" is one of the matters for which an application goes to the Secretary and committee (BL 62(a)(vii)). Declarations about other houses may be asked for at admission. For GST, the Rs 7,500 test is applied per flat (see tax_gst-003). A member with two flats still gets one parking slot first. Extra slots come only when no member without one is waiting (BL 79; dBL 79).

Question 29

What do I need to apply for membership of the society after buying a flat?

Accepted Answer

A written application in the society's form, the value of at least five shares and an entrance fee of ₹500, and a certified copy of your registered, stamped agreement or other title document (gift deed, sale certificate and the like). The committee approves it. Companies and firms also attach a board or partners' resolution. Rule 106C-4 (binding from 22 Jun 2026) sets the minimum: application in the bye-law form with the value of at least five shares and an entrance fee of ₹500; a certified copy of the stamped and registered agreement with the promoter or transferor, or a registered gift deed or similar instrument; committee approval; and, for bodies corporate, an authorising resolution. The 2014 bye-laws ask for ten shares and ₹100 entrance fee plus declarations about other property held in the area, use of the flat, and source of income (BL 19(a)); where a society still follows the older figures, the Rule's requirements are the floor. The draft 2026 bye-laws list the title documents accepted (dBL 23(c)). On land from the Government, CIDCO, MHADA, SRA or MMRDA, the authority's conditions and consent also apply (BL 17(c), 19(a)(viii)). The Secretary must acknowledge the application, point out defects within 15 days, and the committee must decide within three months (BL 62) — see membership-002 for refusals and deemed membership.

Question 30

The society has refused (or is sitting on) my membership application. What are my remedies?

Accepted Answer

The society must give reasons within 15 days of its decision, and in any case decide within three months; if it does not communicate a decision in three months you are deemed a member. If it refuses, you can appeal to the Registrar, who should decide in about three months. If the society will not even accept your application, you can submit it through the Registrar. Section 22(2): a refusal, with reasons, must be communicated within 15 days of the decision or three months of the application, whichever is earlier; silence for three months makes the applicant a deemed member, and the Registrar decides any dispute about that after a hearing. Section 23(1): no refusal "without sufficient cause" to a person qualified under the Act and bye-laws. Section 23(1-A): if the society refuses to accept the application or payment, the applicant may lodge it with the Registrar, who forwards it within 30 days; if the society then fails to decide within 60 days, the applicant is deemed a member. Section 23(2)-(3): appeal to the Registrar against refusal, disposed of as far as possible within three months, and the Registrar's decision is final (subject to revision and writ remedies). The Bombay High Court in Dadar Avanti CHS (2004) refused to disturb a declaration of deemed membership and held that no limitation period applies to such a claim (para 7). Keep the dated acknowledgement of your application — it starts every clock.

Question 31

Can a society restrict membership to one community, to vegetarians, or to Government employees?

Accepted Answer

Only if such a restriction is validly part of the society's registered bye-laws — and even then it is contested territory. The Supreme Court upheld a Parsi-only bye-law of a Gujarat society in 2005. A restriction that is not in the registered bye-laws (a committee rule or a general-body resolution) cannot be used to refuse a buyer. The Maharashtra model bye-laws contain no such restriction. In Zoroastrian Co-operative Housing Society v District Registrar (2005) the Supreme Court upheld a bye-law limiting membership to Parsis, reasoning that members' rights come only from the statute and the bye-laws they accepted (para 11, following Daman Singh v State of Punjab) and that such a bye-law was not contrary to the Gujarat Act or public policy. That case arose under the Gujarat Co-operative Societies Act 1961. In Maharashtra, s.23(1) forbids refusing "without sufficient cause" a person qualified "under the provisions of this Act and its bye-laws", and the 2014 and draft 2026 model bye-laws set eligibility by capacity to contract, title to a flat and land-grant conditions only (BL 17; dBL 22). Registration of a bye-law amendment adding a community restriction needs the Registrar's approval under s.13. A 2025 Bombay High Court ruling (Kendriya Vihar CHS, reported) held a society could not confine transfers to Government employees when its bye-laws said nothing of the kind. If refused on such a ground, appeal to the Registrar under s.23(2); constitutional or discrimination arguments need an advocate.

Question 32

What is the difference between a joint member and an associate member? Can either vote?

Accepted Answer

A joint member co-owns the flat but is not named first on the share certificate; an associate member is a relative (or other person) admitted on the member's recommendation to act for him, without owning the flat. Only one vote goes with a share: the first-named holder votes, and if absent the next-named joint holder present. An associate member acts only through and with the consent of the member. Section 27(2): where a share is held jointly, the person first named on the share certificate votes if present, otherwise the next named who is present and not a minor. BL 3 (2014) defines an "Associate Member" as one who holds title jointly but is not first named — i.e. what the newer law calls a joint member — and BL 25 gives associate members no rights of an active member except under s.27(2). The 2019 amendments and 2026 texts separate the two ideas: a joint member holds title jointly but is not first named, while an associate member is a spouse, parent, sibling, child, son- or daughter-in-law, nephew, niece or other person admitted on the member's written recommendation to exercise his rights with his consent, and not named on the share certificate (dBL 4(xxi)(a)-(b); dBL 21, 24, 25). An associate member applies in Form Y-5A with the member's recommendation, and ceases on the member's death, on the member's request, or on resignation or death (Rule 106C-5). Neither kind of membership gives an extra vote.

Question 33

Can the society expel a member who persistently defaults or misbehaves? How?

Accepted Answer

Yes, but it is a heavy procedure: the member must get notice and a hearing, a general meeting must pass the resolution by at least three-fourths of members present and voting, and the expulsion takes effect only when the Registrar approves it after his own inquiry. Registrars and courts examine these cases closely. Section 35(1): expulsion for acts detrimental to the interest or proper working of the society, by a resolution of not less than three-fourths of members entitled to vote who are present at a general meeting held for the purpose; no resolution is valid without an opportunity to the member to represent his case, and none is effective until approved by the Registrar. Section 35(2): one-year bar on readmission unless the Registrar permits. BL 48 lists grounds — persistent non-payment, deceiving the society, habitual immoral or illegal use of the flat, habitual serious breaches of the bye-laws, false information at registration, and a non-active member not attending a general meeting in five years; BL 49-53 cover procedure under s.35 and Rules 28-29, forfeiture or acquisition of shares, handing over possession and readmission. The draft 2026 bye-laws add refusal to vacate for an approved redevelopment as a ground. In Aderabad CHS v Divisional Joint Registrar (2007) the Bombay High Court upheld the Registrar's refusal to approve an expulsion: the Registrar must apply his mind to the validity of the resolution and hold a real inquiry (para 27), the allegations must be specific and substantiated, and the Rule 29 notice and agenda must be strictly followed. For simple non-payment, recovery under s.154B-29 is usually faster and surer than expulsion.

Question 34

I voted against a general-body resolution. Is it binding on me?

Accepted Answer

Yes, as long as it was validly passed and within the society's powers. Membership of a co-operative society means accepting the majority's decisions under the Act and bye-laws. If you think the resolution is illegal — for example beyond the bye-laws, contrary to a Government direction, or passed without proper notice or quorum — challenge it before the Registrar or the Co-operative Court rather than ignoring it. The Supreme Court (Zoroastrian CHS, 2005, following Daman Singh) and the Bombay High Court (Girish Mulchand Mehta, 2009) describe a member as having no independent rights against the society beyond those in the statute and bye-laws, and as bound by general-body decisions whether he approves or not. The limit is legality: a resolution contrary to a s.79A direction (such as premium above the cap or non-occupancy charges above 10 % of service charges) or to the registered bye-laws does not bind — the Bombay High Court so held for premium in New India CHS (2013). Disputes about the validity of a general-body decision go to the Co-operative Court under s.91; complaints about breaches of the Act or directions go to the Deputy Registrar.

Question 35

What is an "active" and a "non-active" member, and what happens if I am classified non-active?

Accepted Answer

Under the 2014 bye-laws an active member owns a flat, has attended at least one general meeting in the last five years (unless the general body condoned the absence) and pays the society's charges regularly. Others are non-active. The society tells non-active members within 30 days after 31 March; you can appeal to the Registrar within 60 days, and you become active again once you meet the conditions. BL 22(c)-(f) (2014): conditions for active membership; classification at the close of each financial year; communication to non-active members within 30 days from 31 March; appeal to the Registrar within 60 days; reclassification from the date the conditions are met. Non-active status matters for elections (voting and standing, under the election rules) and, if a non-active member then fails to attend a general meeting for five more years, it becomes a ground for expulsion (BL 48(f)). Keep attendance registers and ledger records that support each classification.

Question 36

How do I resign my membership, and can the society refuse?

Accepted Answer

Give three months' written notice in the prescribed form. The society cannot accept the resignation while you owe it money; it must tell you the dues within 15 days and give you 30 days to pay. In a flat-owners' society a member who still owns the flat cannot simply resign and keep the flat — membership follows the flat. BL 27 (2014): three months' notice under Rule 21(1); no acceptance unless charges are paid in full; the Secretary intimates dues with details within 15 days, asking for payment within 30 days; resignation accepted and communicated within three months where nothing is due; reasons recorded if rejected. Associate members may resign at any time through the member (BL 28; dBL 42). In practice resignation happens together with a transfer (the transferor's resignation is one of the transfer documents, BL 37(e)(iii)).

Membershipसभासदत्व