Elderly, Seniors Must Play Active Roles In Cooperative Housing Societies
Legally Speaking - Property and Housing Laws | By Solicitor Gajanan Khergamker
Ours is a small registered society of 25 flats, occupied since 1978. Most of the members are senior citizens as the ‘younger generation’ members have moved out to greener pastures.
The managing committee does not carry out repairs caused due to ‘seepage/leakage of water on the top floor flats, through the terrace’. We are compelled to do ‘internal maintenance’ ourselves at our cost.
They do not acknowledge/accept our letters, stating that only ‘bonafide members’ can write. Most of us have transferred the membership to our children and they are not interested nor have the time to take up issues with the managing committee.
As parents, do we have the right to get grievances attended to by the managing committee? What is our status? Managing committee members are arrogant, rude and just interested in the ‘redevelopment’ of the society.
We feel our queries are pertinent as we could be helping many such senior citizens in Mumbai, facing a similar situation.
— Ashok Kumar, Palghar
I fully agree with you that younger members of cooperative housing societies often come across as ‘arrogant, rude and just interested in redevelopment’. Very often, mostly owing to a generation gap, decisions taken by younger members of a CHS tend to exclude the interests of the older members.
For all practical purposes, the law does not distinguish between the old and young. However, it would be prudent of the older members of the society to become associate members of their respective properties or, better still, joint members so that they have a legal say in matters that affect them directly.
As for as members interested in redevelopment of the society, one can put a foot down in general body meetings and insist primarily on the proper ‘development’ first that include internal maintenance jobs that the managing committee is bound to perform under Byelaw 158 (a).
An associate member means a member who holds jointly a share of a society with others but whose name does not stand first in the share certificate.
An individual, firm, company or a body corporate registered under any law for the time being in force who/which is eligible to be an associate member and who/which has made an application in the prescribed form for such membership along with an entrance fee of Rs 100/- may be admitted as such member by the committee.
As an associate member, you not only have the right to vote in a general body meeting in the absence of the first member but can also contest polls for membership to a CHS managing committee.
A form of application for Associate Membership by an Individual, who desires to hold shares jointly with another person already admitted to the membership of the society, will need to be submitted.
Also a No Objection Certificate and an Undertaking from the Original Member will need to be submitted by the associate member intending to be a member of the managing committee of the society.
Keep Certificate, Issue Duplicate
Recently during the process of sale of one of the flats of our society, we could not write down the transfer details on the share certificate since it was laminated and it wasn’t possible to write on it. Please advice us how to tackle the problem.
— BK Rao, Panvel
In case a share certificate is laminated, I suggest you call back for the laminated share certificate and retain it as society property.
You should also save it in the personal file of the respective member for any future reference that may arise. Also, issue a duplicate of the same and make the relevant changes as per transfers carried out.
For the record, obtain a letter requesting for the same from the respective member and forward a copy of the same with a stamped letter detailing issuance of the duplicate share certificate to the Registrar.
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