In many cooperative housing societies, members who do not reside in their flats still wish to contest elections and serve on the managing committee. The key question is whether residence in the society is a legal requirement for eligibility.
Is Residence Mandatory Under the Law?
There is no specific provision in the Model Bye-laws that prohibits a non-occupant member from:
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Contesting the election, or
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Being elected as a committee member or office-bearer
Eligibility depends on whether the member is otherwise disqualified under Section 154B-23 of the Maharashtra Cooperative Societies (MCS) Act read with Bye-law 119.
If the member does not suffer from any statutory disqualification, he or she can legally contest and serve, even if not residing in the flat.
What If the Flat Is Given on Leave and Licence?
If a member has rented out the flat:
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Proper intimation must be given to the society
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The leave and licence agreement must comply with bye-laws
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All dues must be cleared (or lawfully disputed)
If these formalities are followed, the member remains eligible to contest elections.
However, if the flat is given on leave and licence without compliance, issues of violation may arise, potentially affecting eligibility.
Role and Responsibility of Office-Bearers
Managing committee members and office-bearers are responsible for:
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Day-to-day administration
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Decision-making and supervision
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Attending meetings
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Addressing members’ grievances
While the law does not mandate residence, practical challenges may arise if the committee member does not stay in the society. Delays in handling urgent matters or limited physical availability may affect governance.
Therefore, although legally permissible, the general body should carefully assess whether a non-resident member can effectively discharge duties.
Does It Make a Difference If Relatives Stay in the Flat?
If the member’s:
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Spouse
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Children
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Parents
are residing in the flat, the legal position does not change. The member’s eligibility remains the same.
However, practically speaking, the member may:
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Visit the premises more frequently
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Stay better connected with society affairs
This may reduce concerns about accessibility and involvement.
Key Legal Takeaways
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Residence is not mandatory to become a managing committee member.
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Disqualification applies only under Section 154B-23 and relevant bye-laws.
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Proper compliance is required if the flat is given on leave and licence.
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The presence of relatives does not alter legal eligibility, but may improve practical involvement.
Conclusion
A member who does not reside in the society can legally serve on the managing committee, provided there is no statutory disqualification. The law does not bar non-occupant members. However, the general body should evaluate whether such a member can effectively fulfill responsibilities in the best interest of the society.
