Rights and Duties of a Member in a Co-operative Housing Society

II .RIGHTS AND DUTIES OF MEMBERS

( A ) Rights of Member

22.

a. A Member shall be entitled to exercise such rights as provided in the Act, Rules and Bye-laws. Provided that no Member shall exercise the rights of Member of a Society, until he has made such payment to the Society in respect of Membership, or acquired such interest in the Society.

b. Provided further that, in case of increase in minimum contribution of Member in share capital to exercise right of Membership, the Society shall give a due notice of demand to the Members and give reasonable period of time to comply with.

Active Member

c. A Member shall be termed as an ‘Active Member’ if he / she fulfill the following conditions: viz.

  1. He / She has attended at least One General Body Meeting in previous consecutive period of five years,
  2. Provided that nothing in this clause shall apply to the member whose absence has been condoned by the General Body Meeting of the Society.
  3. He / She has purchased and owns Flat / Unit in the Society, and
  4. He / She has paid the Society Maintenance Service and other charges regularly

d. A Member who is not an ‘Active Member’ shall be ‘Non-Active Member’.

e. Society shall classify the Members as ‘Active’ or ‘Non-Active’ Member at the close of every financial year.

i. Society shall communicate to every Non-Active Member about his classification, within a period of 30 days from 31st March of every year as prescribed under these By-laws as per Appendix – —–

ii. In case of a dispute about classification of a Member being Active or Non-Active, an appeal shall lie with the Registrar within a period of 60 days from the date of communication of such classification.

f. A ‘ Non Active Member’ can be reclassified as ‘Active Member’ from the date he satisfies the conditions laid down under Byelaw no. 22(c).

( B ) Getting Copy of the Bye-laws, Audit Report & Inspection of Books & Records and getting copies thereof

23.

a. A Member shall have right to inspect free of cost books, registers documents etc. as provided in Section 32 (1) of the Act and get copies of the documents as provided under Section 32 (2) of the Act, on payment of the fees prescribed under the bye-law No. 172.

b. A Member shall be entitled to receive a copy of the Approved Bye-laws, Audit Report of the Society, on payment of charges prescribed thereof.

( C ) Occupation of Flats

24.

a.The Member, who is deemed to have been allotted the flat under the Bye-law No. 76(a) of the Society shall have a right to occupy the flat subject to the terms and conditions set out in the letter in the prescribed form under the said bye-law.

b. The Associate/Nominal Member may have a right to occupy the flat with the consent of the Member and written intimation to the Society, subject to the conditions set out by the General Body Meeting.

( D ) Restrictions on Rights of Associate and Nominal Members

25.

No Associate Member shall have any rights or privileges of an active Member except as provided under Section 27(2) of the Act and he fulfills the conditions of bye-law 22(a)

26.

A nominal Member shall have no rights such as Member.