Many people today choose to live in a gated community because of the high living standards offered. Management Committees and Resident Welfare Associations play an important role in maintaining the facilities and amenities behind this. To maintain this high standard, MCs and RWAs have to enforce some rules and regulations, such as parking or garbage disposal rules.
While these obligations are important, the other side of these responsibilities lies in the rights that every member enjoys. These rights are equally important in ensuring peace and satisfaction among residents. So what are the rights of members of a cooperative housing society? Read on to find out.
Why it matters?
Rights are the flip side of responsibility. It tells each member what they can demand. Knowing your co-operative housing society member rights is important for many reasons, including:
- Knowing when your rights are being violated.
- In resolving disputes between members or between members and the MC or RWA.
- In keeping the MC or RWA in check
- To safeguard your property investment
Co-operative Housing Society Member Rights
Right to vote
Every unit has one vote in society elections. So, if you own more than one unit then you are entitled to the same number of votes. This right remains intact even if you default on any payments.
Right to nominate other members
Members have the right to nominate associate and nominal members for the governing body. The first nomination is free. Subsequent subscriptions are charged.
Right to know the model bye-laws
Bye-laws are the rules and regulations that members have to follow in a cooperative housing society. Every member has a right to ask for a copy of these bye-laws. To make this easily accessible, many societies upload these on Community Wiki on the ApnaComplex. This ensures that every member can access these laws at any time.
Right to amenities
Members and their guests have to right to access common areas and amenities like the swimming pool or clubhouse, provided they have paid their dues. The MC may also impose additional charges for guests. However, members have the right to access essential services like water and electricity even if they have outstanding dues.
Right to inspect the books
Members can ask for the society accounting books at any time. They have the right to inspect books like balance sheets or profit and loss statements at no extra cost. A member can also get these accounts examined by an external auditor.
Right to attend AGM
Members have the right to attend the AGM (Annual General Meeting). They can also ask for the minutes of any general, annual, or special meetings of the Management Committee. Attending the AGM is also one of the key obligations for every member.
Right to complain
A member has the right to raise complaints on any illegal or unreasonable restrictions by an MC or RWA. This can include conditions like not allowing pets, falsified maintenance records, failure to conduct elections, or adding charges under false pretexts.
Rights during expulsion
The housing society can expel a member, which amounts to losing ownership of property. The expulsion has to be passed as a resolution by at least three-fourths of members in the general body meeting and approved by the Registrar. In such cases, the member has the right to get a fair hearing.
Now, that you know the co-operative housing society member rights, learn about the Code of Conduct for MC Members. Also, read about Roles, Duties And Responsibilities Of Members Of A Resident Welfare Association.