One of the most commonly asked questions in cooperative housing societies is whether a member who does not reside in the society premises can contest and be elected to the managing committee. This becomes more relevant when the member has given the flat on leave and license or when family members stay in the flat.
The answer lies in interpreting the Maharashtra Co-operative Societies Act, 1960, and the Model Bye-laws applicable to registered cooperative housing societies.
What the Law Says
1. Election of Managing Committee Members
The general body elects members to the managing committee. According to Section 154B-23 of the MCS Act and Model Bye-law 119, a person can be disqualified from contesting the election for reasons such as:
- Non-payment of dues,
- Being convicted of an offence,
- Sub-letting the flat without due intimation, etc.
There is, however, no specific restriction that only resident members can be elected to the committee.
2. What About Non-Resident Members?
If a member:
- Owns a flat in the society,
- Has not violated any bye-law or provision of the MCS Act, and
- Has given due intimation about letting out the premises on leave and license,
then he or she can contest elections and be part of the managing committee, even if not residing in the premises.
Implications of Non-Resident Office-Bearers
While the law does not bar non-residents from becoming committee members or office-bearers, practical challenges must be considered:
- Office-bearers must handle daily society matters, attend meetings, sign cheques, approve payments, and supervise maintenance.
- A non-resident may not be immediately available to handle urgent tasks.
- This could cause delays in decision-making or inconvenience to other members.
However, if the non-resident visits the society frequently—for example, if family members are residing in the flat—the impact may be minimal.
Role of the General Body
It is ultimately up to the general body to decide whom to elect. Members should assess whether a candidate—resident or not—can effectively discharge duties, attend meetings regularly, and respond to emergencies.
Conclusion
Yes, a non-resident member can contest elections and be elected to the managing committee, provided:
- There is no disqualification under Section 154B-23 or Bye-law 119,
- Due intimation about tenancy (if applicable) has been given to the society,
- The member is active and willing to fulfil committee responsibilities.
The presence of relatives in the flat may lead to more involvement, but the general body must carefully evaluate the member’s availability and commitment before casting their vote.
