Q. Who is the Competent Authority for approving the membership of a Cooperative housing society?
A. In terms of Section 64 (1) of the WBCS Act, 2006 read with Rule 108 of the WBCS Rules, 2011,
the Board of Directors is the competent authority in this regard.
Q. What an intending applicant can do on being refused by the society in considering his membership?
A. He may appeal to the Registrar in terms of Section 64 (3) of the WBCS Act, 2006 and the Registrar will conduct hearing in terms of Section 64 (4) ibid read with Rule 110 of WBCS Rules, 2011.The order passed by the Registrar on disposing the appeal shall be final.
Q. Whether a Cooperative Housing Society may raise fee or donation from the transferor member for according consent for transfer of his land, house or apartment?
A. A cooperative housing society cannot charge transfer fee from its transferor-member.
Q. Whether primary cooperative housing society can change the scheme of the project other than one decided upon in the promoters' meeting?
A. Yes, but for such change approval of the general body with three fourth majority in a valid meeting and prior consent of the Registrar are mandatory.
Q. Whether a member shall make any alteration or addition or repair to any house or apartment in its possession without the written consent of the society?
Q. Whether a member may be expelled by the society for committing any act prejudicial to the interest of the society or for his default in payment of dues towards cost of land or house or apartment allotted to him for more than six months?
A. Yes, according to Rule 133 of WBCS Rules, 2011, a member may be expelled from a housing cooperative society subject to the approval of the Registrar.
Q. Whether a cooperative housing society is competent enough in transferring the deceased member's share and interest to the nominee if nominated by the deceased member without any approval from the Registrar?
Q Whether in terms WBCS Act 'member' includes 'joint member'? If yes, what is the meaning of 'joint member'?
A. Yes, but joint membership is restricted to either of the following persons in terms of Section 4(41)(a) of WBCS Act, 2006:
a. Husband and wife;
b. Father and son or daughter; and
c. Mother and son or daughter.
Q. Whether a member of a housing society can let out his house or flat?
A. Yes, with the approval of the Board of Directors .In that event, a tenancy charge at
the rate of ten per cent of the monthly rent payable by the tenant may be realised by the
housing society as laid down in Section 93(7) of WBCS Act, 2006.