Watch the Video:
What are the rights of a joint owner of a flat in a housing society? Can he or she use and enjoy the entire flat? Can a joint-owner enjoy the clubhouse, parking or other facilities of a housing society? Being an Associate Member, does a joint owner have a right to participate in society meetings and affairs? Lawyer Aditya Pratap tries to answer these pertinent questions in this crisp and engaging video.
When a flat is owned by two or more people then each of these owners is regarded as a joint owner or co-owner. The right of co-owner extends to enjoying the entire flat and each of these joint owners has an undivided interest in the entire property.
This means that no one co-owner can say that ‘this bedroom is mine or that bedroom is yours’, no. They have equal right to move around the flat, access the flat and to use each and every element of the flat for their enjoyment and benefit.
And when it comes to housing society, home affairs there is a slight change in the position of a co-owner. This is because one out of the many co-owners regarded as an active member and the remaining co-owners regarded as passive members.
It is the active member who has the right to sit and participate in society meetings, hold society member positions or in managing committees and cast his vote. Under section 27 of Maharashtra Cooperative Society Act, if for some reason the active member is not in a position to discharge his duties or is absent then the associate member can step in on his behalf and participate in society affairs.
Now it is important to note who becomes an active member and who becomes a passive member. The answer could be anyone when two people say husband and wife decide to buy a flat both can decide in the society share certificate, the name of wife will come first and the name of the husband will come second. In such a case, the wife is regarded as an active member and the husband will be regarded as an associate member.
Of course, both the active and associate member has the right to enjoy the entire flat and right to travel around the building, enjoy the clubhouse and facilities. And if both work in a harmonious manner the affairs of the flat will be in order and as well as of the society.