Termination of Housing Society Membership in India

Handling the termination of membership in a housing society requires strict adherence to legal protocols to ensure fairness and legality. Understanding these rights and procedures protects both the society and its members from unnecessary disputes.

April 3, 2025
Blog

The management of housing societies in Maharashtra is governed by the Maharashtra Cooperative Housing Society Act, 1960. In some cases, it becomes necessary to terminate the membership of a resident due to non-compliance with the rules or misconduct. Understanding the legal procedures for terminating membership is essential for both the management committee and the residents to ensure fairness and legality in such actions.

What is Termination of Membership in Housing Society

Termination of membership in a housing society involves legally removing a member due to various reasons such as non-payment of dues, violation of society rules, or behavior detrimental to the society’s interest. It is a sensitive issue and must be handled according to the laws laid down in the Maharashtra Cooperative Housing Society Act, 1960.

Key Legal Provisions Against Non-Compliance in Housing Societies

The following are key provisions under the Maharashtra Cooperative Housing Society Act, 1960 related to the termination of membership:

Section 35: This section deals with the expulsion of a member. A resolution passed by a two-thirds majority of the managing committee is required, and the member must be given a reasonable opportunity to be heard.
Section 101: It allows the society to recover dues from defaulting members through a recovery certificate issued by the Registrar.
Model Bye-Laws: These provide specific guidelines for the termination of membership, including the procedure for issuing notices, conducting hearings, and passing resolutions.

How to Seek Legal Help

To legally terminate a member’s membership:

Issue a Notice: The society must issue a show-cause notice to the member detailing the reasons for the proposed termination.
Conduct a Hearing: Provide the member an opportunity to explain their position.
Pass a Resolution: If the committee is not satisfied with the explanation, a resolution must be passed in a general body meeting with a two-thirds majority.
Approval from Registrar: The resolution must be submitted to the Registrar for approval.
Final Decision: Once the Registrar approves, the membership is officially terminated.

Tips to Build a Strong Case

Document All Communications: Maintain records of all notices, responses, and minutes of meetings.
Follow Due Process: Ensure all steps as per the Act and Bye-Laws are strictly followed.
Seek Legal Counsel: Consult a lawyer experienced in cooperative society laws to guide through the process and avoid any legal pitfalls.

FAQs on Termination of Membership in Housing Society

Q1: What are valid reasons for terminating a membership?
A: Valid reasons include non-payment of dues, violation of society rules, illegal activities, or behavior harmful to the society.

Q2: Can a member challenge the termination?
A: Yes, a member can appeal against the termination to the Cooperative Court or the Registrar.

Q3: What if the majority of members do not support the termination?
A: Without a two-thirds majority, the resolution for termination cannot be passed.

The-Legal.com can help you in resolving the Membership Termination issues

If you or your housing society is dealing with issues related to membership termination, don’t hesitate to seek help. At www.the-legal.com, we provide expert legal consultation and services for housing societies, including drafting notices, agreements, and representing cases in court. Contact us today to ensure lawful and smooth operations of your society.