Understanding Rights and Duties of Housing Society Members
In the framework of Mumbai’s cooperative housing societies, attending meetings and signing the attendance register are not just formalities but integral duties and rights for the members. The process serves to ensure quorum, validating the meeting and making its decisions legally binding. Failure to mark attendance by signing the register can have implications for both the member and the meeting itself, which is why it remains a critical part of the process.
During managing committee meetings, if a member fails to sign the register, it is recorded in the meeting minutes, and such a member is considered absent. This policy ensures that all committee decisions are supported by active participation or recorded consent. Additionally, for general body meetings, members who do not attend cannot file complaints with the managing committee or registrar. They are directed to the cooperative court to raise grievances, as outlined in a May 2023 circular from the Cooperative Department. In cases where a member misses three consecutive meetings without prior leave or valid reason, the managing committee has the right to initiate their removal after issuing a notice. This ensures the proper functioning of the society by maintaining active membership engagement.
When it comes to associate membership, which is linked to the original member’s status, it ends automatically upon the original member’s disqualification, expulsion, transfer of rights, or death. In such cases, the managing committee is required to formally note the cessation of associate membership in their records, and the vacancy thus created can be filled through co-option by another eligible member of the same category, such as women or reserved members. Moreover, the managing committee is obligated to begin the election process six months before their term expires. Failure to adhere to this timeline can result in the committee ceasing to hold office and facing action from the registrar. If elections are not held on time, any member has the right to file a complaint with the registrar, who can take appropriate action against the committee. Outgoing committee members, if not disqualified, may contest the elections, but ultimately, it is the members’ prerogative to decide if they should be re-elected.
The rules governing attendance, duties, and disqualification ensure that housing societies operate smoothly and with transparency. Members need to be aware of these regulations to avoid losing their rights or facing penalties due to non-compliance. As always, active participation in meetings and abiding by the rules is essential for the continued health of the society.
