With the 2019 amendment to the Maharashtra Cooperative Societies (MCS) Act, the concept and role of an associate member have been clearly defined and legally recognized. Earlier, associate members were loosely managed under society bye-laws, leading to confusion regarding their rights and responsibilities. This amendment brought much-needed clarity to the status of associate members in cooperative housing societies across Maharashtra.
Here’s a detailed look at who can be an associate member, their rights, and what happens upon the death or resignation of the original member.
Who Can Be Appointed as an Associate Member?
Under Section 154B of the MCS Act (as amended in 2019), a member of a cooperative housing society may nominate any of the following relatives to be admitted as an associate member:
- Spouse
- Father or mother
- Brother or sister
- Son or daughter
- Son-in-law or daughter-in-law
- Nephew or niece
This nomination must be made in writing by the original member, along with the member’s prior written consent, and submitted to the managing committee of the housing society. An associate member’s name need not appear on the share certificate, and they do not need to hold ownership rights in the property.
The MCS Act grants certain rights and responsibilities to associate members, provided they have the prior written consent of the original member. These include:
- Right to vote in general body meetings
- Right to contest elections to the managing committee
- Right to participate in meetings and exercise duties as allowed to regular members
The associate member can act on behalf of the original member, and any legal action or obligations applicable to the member under the Act are also applicable to the associate member when acting in that capacity.
Can Associate Members Vote or Contest Elections?
Yes, but only if the original member provides written consent. Once consent is given and accepted by the society, the associate member gains the legal right to:
- Vote in society elections
- Contest elections to the managing committee
- Participate in general meetings and raise questions or propose resolutions
What Happens if the Original Member Dies or Transfers the Flat?
The status of the associate member is directly linked to the original member’s membership. According to the law:
- Associate membership ceases in the event of:
- Death of the original member
- Transfer of ownership (sale/gift/inheritance) of the flat
- Expulsion or termination of the original member’s membership
This means an associate member cannot continue in that role once the original member’s status ends. In such cases, the society will need to follow the rules for transfer of membership or ownership under the MCS Act.
Important Points to Note
- Associate members are not automatically successors or legal heirs. After the death of a member, legal heirs must apply for membership transfer as per society rules.
- Societies should maintain a register of associate members and keep written consent letters from original members for transparency and compliance.
- Societies should clearly record and recognize the effective role of associate members in general meetings.
The MCS Act 2019 amendment has made it easier for family members of property owners to engage in housing society affairs. While associate members enjoy rights such as voting and participation, these rights are conditional upon written approval from the original member. Societies should ensure proper documentation to avoid future disputes, especially in case of death or transfer of the flat.
I would like to know the rights of a co member nd director’s rights in the housing societies