13 Mar Smart way to manage your Co-Operative Housing Society. Web based Apartment Home; Blog. Bye Laws for Housing Society in Maharashtra. 19 Aug Tag Archives: Bye Laws for Co-operative Housing Society in Under Section of Maharashtra Societies Act (MCS), society can fight the. COOPERATIVE HOUSING SOCIETY BYE LAWS MAHARASHTRA PDF - 25 Dec Following are some of the important changes done in the MCS Act, and also in the Model Bye-laws of Cooperative Housing societies.
You probably find it difficult to work up the energy to attend a housing society meeting, especially if petty issues are on the agenda. Finding out that the water pump needs repairing or when the sinking fund is to be used is boring.
But it is important you attend these meetings and know the rules that apply to your society for two reasons: because your house is your biggest asset and you don’t need any qualifications to manage a housing society. The positions in a managing committee are also honorary, so those who occupy them aren’t even compensated. It’s possible for committee members to be uninvolved, inept or, in the worst case, fraudsters. Yet it is the committee that works out how many thousands you pay per month in maintenance fees, gives you a no-objection certificate (NOC) if you wish to rent out your flat, and decides the amount to be charged for transfer of interest in a flat. With this report, you’ll know exactly what rights you have as a member of a co-operative, the procedures to be followed by the managing committee and whom to complain to if they don’t.Housing society byelawsThe actions of all co-operative society members, insofar as they affect other members or the building itself, are governed by a set of rules. These rules, or byelaws as they are more often called, must conform with the co-operative act or rules in force in that region. In Delhi, for example, it is Delhi Co-operative Societies Act, 2003 and Delhi Co-operative Societies Rules, 2007.
A society may frame its own byelaws, so long it doesn’t contradict the act, with the approval of the concerned authority (Registrar, Co-operative Societies in Delhi). In most cases, though, societies use the model byelaws that are provided, coupled with the provisions relating to housing societies in the rules and act. At times, states also release amendments to the model byelaws. This was done for Mumbai in 2009. However, law relating to housing societies is flexible. So there’s no compulsion for any Mumbai society to adopt the new byelaws.
Click here to read Rights of a memberRight to inspect the books: As a member, you’re free to inspect, free of cost, the society’s books of accounts during the society’s office hours. You may request the last audited annual balance sheet, or the profit and loss account, and those portions of the books and records in which his transactions with the society have been recorded. You may also get a copy of these on payment of a fee (to be decided by the society), if you wish to have them examined by an external auditor. In Maharashtra, an application by a single member alleging mismanagement of funds is enough to begin an enquiry under section 91 of the relevant act. Right to vote: Each unit of a housing society is allowed one vote in an election.
If your spouse, for example, owns another house in the building, she will also get one vote. It’s not one family, one vote. Even defaulters have the right to vote. Right to minutes of meeting: A co-operative can hold two types of meetings for the general body – annual general meeting (AGM) and special general body meeting. The third is a meeting of only the managing committee members. In all three cases, the minutes of the meeting are recorded. If you’ve missed a meeting or wish to know what exactly took place during a managing committee meeting, you may ask for the minutes.
Similarly, you may also ask for the act or bye-laws. Registration of societyA co-operative society is the perfect fit for a residential building as flat-owners have common needs (water connection, watchmen, etc) and interests (maintenance of common areas, such as the terrace and compound). If you’ve purchased a flat in a new building, it would probably be best if you took interest in forming a society.
The builder may also be statutorily obligated to form a society. For example, under Maharashtra Flat Ownership Act, 1963, a builder must form a society within four months of selling 60% of the flats. But you needn’t wait for the builder to form the society. In many states, including Delhi and Maharashtra, ten flat-owners are enough to promote a co-operative housing society. A building without a housing society usually indicates that there is a dispute between members or a general lack of interest. If you’re considering buying a house in a building where the society has not been formed, find out what the problem is. If the builder does not form a society, rights to the terrace and the compound continue to rest with him.
Here’s what you need to do register a housing society: 1) Submit an application for registration to the Registrar (forms available at, in case of Delhi). 2) Along with the application, you need to submit the byelaws the society wishes to adopt and the names and occupations of the promoters of the co-operative. 3) Pay the registration fees. In Andhra Pradesh, this amount will be 1% of the total authorised share capital, subject to a minimum of Rs100 and maximum of Rs. 4) The minutes of the meeting in which the byelaws were adopted.
Each housing society has a share capital, which will be paid up equally by the residents of the society, regardless of the size of the flat. Within six months of allotment, the member should receive a share certificate in this regard, according to the byelaws of Mumbai.
Byelaws may also be amended by a resolution of its general body. All such amendments need to be approved by the registrar. In Andhra Pradesh, however, approval is needed only if the amendment is of strategic interest to members. Click here to read. I LIVE IN A CHS WHERE PLOTS HAVE BEEN LEASED OUT TO INDIVIDUALS AND PERMITTED TO CONSTRUCT BUNGALOWS. AS PER SOCIETY MODEL BY LAWS THE SPACE OTHER THAN THE PLOT IS THE PROPERTY OF THE CHS AND TERMED AS COMMON AREAS. SINCE THIS IS A UNIQUE CHS, I WANT TO UNDERSTAND THE LEGAL PROVISIONS ON THE PARKING OF PRIVATE VEHICLES, BOTH 2 & 4 WHEELER’S.
WILL PARKING OUT SIDE THEIR PLOTS (IN COMMON AREA) BE TERMED AS ENCROACHMENT AND THEREFORE ILLEGAL? IF SO WHAT ACTION CAN BE TAKEN BY THE CHS? CAN A FINE BE LEVIED?
IF SO WHAT SHOULD BE THE QUANTUM? WILL LEVY OF FINE HAVE TO BE RATIFIED IN AN AGM/SGM BEFORE IT IS LEVIED ON DEFAULTERS?
Posted on January 18, 2017 by procomindia in.Recent changes in Maharashtra Co-op Society Act.December 26, 2016.Following are some of the important changes done in the MCS Act, 1960 and also in the Model Bye-laws of Cooperative Housing societies.Condition for membership- Applicant to take 10 shares of Rs.50 each as against 5 shares.