8th March , 2025 ~ QMS
Membership in Housing Societies: Key Provisions Under the MCS Act Amendment 2019
Introduction
Membership in a housing society is an essential aspect of cooperative housing governance. The Maharashtra Co-operative Societies Act, 1960 (MCS Act, 1960) governs housing societies, and the 2019 amendment introduced specific provisions under Chapter XIII-B, dedicated exclusively to cooperative housing societies. This article explores the eligibility, types, rights, and responsibilities of members in light of the MCS Act Amendment 2019.
Types of Membership
As per Section 154B-1(18) of the MCS Act Amendment 2019, membership in a housing society is classified into the following categories:
- Member – A person who has applied for membership and has been duly admitted.
- Associate Member – Defined under Section 154B-1(18)(a), an associate member is a relative (e.g., spouse, parents, children) of a primary member who is granted membership upon written consent of the primary member. However, the associate member’s name does not appear first on the share certificate.
- Joint Member – As per Section 154B-1(18)(b), a joint member is a co-owner of the property whose name appears in the share certificate but not as the first holder.
- Provisional Member – Defined under Section 154B-1(18)(c), this membership is granted temporarily to a nominee after the death of a primary member until the legal heir is admitted.
Eligibility for Membership
As per Section 154B-2, a housing society can only admit members based on the following criteria:
- The applicant must be a legal property owner.
- Membership cannot exceed the number of flats or plots available for allotment in the society (Section 154B-5).
- A co-operative housing association can be formed only if it consists of at least two or more housing societies.
Rights of Members
The amendment provides clarity on the rights of housing society members:
- Right to Vote:
- Every member has one vote (Section 154B-11(1)).
- Associate members can vote with prior written consent of the primary member (Section 154B-11(2)).
- Provisional members can also vote (Section 154B-11(3)).
- Right to Transfer: Members can transfer their share, rights, and interest in the society through a registered document following due process (Section 154B-12).
- Right to Nominate: A member can nominate a person to inherit the property in case of their demise. The nominee is granted provisional membership until legal ownership is determined (Section 154B-13).
- Right to Inspect Documents: Members have the right to inspect society records, accounts, and other documents (Section 154B-8).
Responsibilities and Restrictions on Members
Members must comply with various duties outlined in the amendment:
- Timely Payment of Dues: Members must pay maintenance charges and society dues within the stipulated time (Section 154B-10(5)).
- Restriction on Transfers: No member can transfer their share unless all dues are cleared, and the transferee acquires membership (Section 154B-7).
- Participation in Redevelopment: Members must vacate their flats when the society undergoes redevelopment, as per the decision of the general body (Section 154B-10(5)(ii)).
Disqualification and Termination of Membership
- A member can be disqualified from the managing committee if they default on payments, violate society rules, or misuse their position (Section 154B-23).
- If a member is found to have obtained membership in violation of the Act, the Registrar has the power to remove them from the society (Section 154B-9).
Conclusion
The MCS Act Amendment 2019 has introduced well-defined provisions to regulate membership in housing societies, ensuring transparency, efficiency, and democratic participation. Understanding these provisions enables members to exercise their rights responsibly while fulfilling their obligations to maintain a well-functioning cooperative housing society.
For further information, please visit www.quasoc.in or write an email on info@quasoc.in.
