**Nomination, Membership, Voting Rights, and Meeting Notices in Cooperative Housing Societies**
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**Q1: My sister and I are non-resident Indians. I am the 100% nominee to my parents’ flat in Mumbai. After their death, my sister claimed a 50% share, and I asked her to reimburse half of the expenses incurred towards the flat from 2019 (when both my parents had passed away) till date. Given the dispute, the managing committee (MC) has not admitted me as a member. The society is going for redevelopment and has asked both of us to sign the consent for the same. The secretary told me that in case of limbo, they will approach the registrar, adding that the builder will take over the flat. Is it possible that the builder or my sister can take over the flat? Can I be admitted as a member? Also, can my sister directly interact with the society?**
— *Rajeev Nischal, Mumbai*
**Answer:**
If your nomination is duly registered, the society must admit you as a provisional member. However, full membership will be granted only after the legal heirs are brought on record by submitting one of the following documents: a succession certificate, a legal heirship certificate, or a duly registered family arrangement, as per Section 154B-13 of the Maharashtra Cooperative Societies Act.
Your sister, as a legal heir, can interact with the society, but she cannot take over the flat. Similarly, the builder cannot take over the flat without proper legal authority.
The society should not entertain any request from your sister to transfer the flat in her name unless she produces valid legal documents mentioned above.
Since your sister has claimed a share, it is important that both of you settle your differences amicably and decide who will hold the ownership and in what proportion.
It is in your best interest to resolve these disputes through a family arrangement document that records the understanding between both of you. This process is cost-effective, time-saving, and straightforward. Please note that both of you will need to be present for the registration of such an agreement.
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**Q2: Can a member nominated or elected on account of a casual vacancy vote in the society meetings? I have been told that a co-opted member does not have the right to vote.**
— *Namita Desai, Dahisar*
**Answer:**
Yes, a member nominated or elected to fill a casual vacancy in the Managing Committee (MC) has the right to vote in society meetings.
When a casual vacancy occurs due to reasons like death, resignation, or disqualification, the remaining committee members may fill the position by nominating an eligible member. Such a member is considered a full-fledged member for the remainder of the original member’s term and enjoys all rights and responsibilities of an elected member, including voting rights.
It is important to distinguish between a nominated member filling a casual vacancy and a co-opted member:
– The MC can co-opt up to two ‘expert directors’ relevant to the society’s objects and activities. These co-opted members do not have voting rights in MC elections and cannot be elected as office-bearers.
– Similarly, the MC can co-opt up to two ‘functional directors’ who are excluded from the count of total members and do not have voting rights in meetings.
(Refer to Bylaw 115 (b) (c) for details)
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**Q3: Our society secretary never mentions the meeting agenda. Isn’t it mandatory to give the agenda along with the notice? What remedies do we have if the secretary fails to issue the meeting notice?**
— *Parekh Nitin, Ghatkopar*
**Answer:**
Yes, it is mandatory for the secretary to provide the meeting agenda along with the notice. The secretary must give at least three clear days’ notice to all members. The notice should include the date, time, and place of the meeting along with details of the business to be transacted.
If the secretary fails to issue the notice with the agenda:
– The chairman of the society is required to issue the notice.
– If both the secretary and chairman fail, the housing federation, with which the society is affiliated, may convene the meeting upon receiving information and a formal request.
You may approach the housing federation and request their intervention.
Additionally, you can file a complaint with the registrar for non-compliance with the rules.
(Refer to Bylaws 98, 132, and 140)
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*The above questions were answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.*
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**Got more questions?**
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