Q. My society is not allowing my pet use the lift or the garden area. They are insisting that we should not keep the pet in the society. How can the society take such a stand? Is the society’s stand legal? VN Vijayan, Mulund
A. Our constitution recognises animal rights and permits keeping pets in housing societies. Therefore, a society cannot legally ban pets, and any such decision or amendment to the byelaws would be invalid if challenged. Intimidating pet owners into giving up or abandoning their pets is unlawful and could contribute to the problem of ownerless animals on the streets, which are unaccustomed to such conditions. The Animal Welfare Board of India has issued guidelines on February 26, 2025, with respect to pets and street dogs and their caregivers, and for housing societies. As per the said guidelines the societies cannot disallow pets from using the lifts and no charges can be imposed by them either.
Further, the pets cannot be banned from using the garden or parks. The society can decide the specific timing for the use of the pet. Pet owners are also required to take appropriate care of their pets and leash their pets while in the common areas. The society cannot enforce the use of muzzles for pets. The law provides for penalties for negligent pet owners. The Maharashtra Cooperative Department has issued a circular endorsing these guidelines. Societies have to take into account these guidelines while drafting their pet policy. The pet owners have to ensure that the pets do not cause nuisance to the other members and residents of the society.
Q. Can an associate member who is not a co-owner and whose name is not on the share certificate contest election to the managing committee on the basis of paying Rs 100 as associate member fee? Is there any GR or amendment to the byelaws or MCS Act, which clarifies this situation? Sameer Hafiz, Byculla
A. Associate member can contest election to the managing committee with the prior written consent of the member in accordance with Section 154 B -10. The requirement to have the name on the share certificate is not needed. Chapter XIII-B (Section 154B) was introduced by way of an amendment to the MCS Act in 2019. This chapter applies specifically to cooperative housing societies.
Section 154B-2 defines an ‘associate member’ as a spouse, immediate family member, or relative (eg, husband, wife, parents, siblings, children, son-in-law, daughter-in-law, nephew, niece, etc.) admitted to the society on a member’s written recommendation. They can exercise rights and duties with the member’s prior written consent, but their name does not appear on the share certificate.
The definition of an ‘associate member’ in the bye-laws refers to a member with ownership rights in the property individually or jointly whose name does not appear first on the share certificate. There is a difference in both definitions with respect to having the name on the share certificate. The MCS Act has been amended but the bye-laws have not been amended since 2014. The MCS Act amendment, being the latest and the main legislation overrides the model byelaws. Society can update/amend bye-laws to align with the current law by following the procedure outlined in Bye-law 166.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
