Published On: Wed, Aug 26th, 2009

New Model Bye laws-2009

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By Murari Chaturvedi

The Co-operative housing societies will have new Model Bye laws, which were recently approved by the authorities. These bye laws are to be adopted by all the co-operative housing societies. For amending the bye laws can be done by passing them with a two third majority of the members. The copies of the new model bye laws can be had from the Federation and should be given to members at a cost. The provisions include that the dues of society can be recovered from the legal heirs of the deceased member and/or from the occupant in the flat in favour of third party lies without establishing the rights of the legal heirs. There is nothing new to the clause that the terrace of the society building should have access to all the members. Honorarium can be paid to office bearer for society’s work, not exceeding to 15 percent or Rs 2000 to each office bearer, which ever is lower. As for the repairs are concerned, the contract of up to Rs 100,000/- can be decided by the committee of the society with a right to give increase by 10 percent in the contract allotted to the lowest tender. A point made clear in matter of no confidence motion. It cannot be moved within a period of six months from the date of moving it against the same office bearers if the earlier no confidence motion is rejected. And the maximum penalty that can be levied cannot exceed Rs 1000/-. Further if the share capital of the society exceeds Rs 10,000/- then voting at society election has to be by secret ballot. But the most important clause that the society’s managing committee members have to give an understanding to the registrar stating they will be responsible for all the society’s finance and working, within 15 days of their election. In fact about four years back it was decided to scrap this rule, but nothing has been done to it for the reasons best known to the authorities. The new bye laws are repeated by merely changing wordings here and there. It seems that the new bye laws are nothing but simply old wine in a new bottle. What is needed is not done but simply complicating the issue, so that common man can’t understand or comprehend them and so the ‘long live corrupt regime’.

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  1. A. Patrawala Advocate says:

    There is proposal for a new Article 43A in the Constitution of India for cooperative laws very soon…

  2. Rohit Kamat says:

    If the secret ballot paper are being implemented… is that a member SHOULD compulsory vote lady member? Will his voting be treated as INVALID if he or she votes eleven members who are only males and not to female ?

  3. SATISH TURAKNE PATIL says:

    Pl let me know about the new or any ammended bye laws of the Fisheries Cooperative Society in Maharashtra State

  4. P B Shetty says:

    What is the interpretation of Section 27 (2) of the Act. to an associate member. Whether Associate Member can become the office bearer of the Co operative Housing Society in Maharashtra State

  5. pankaj panchal says:

    Pls let me know, one flat has been own by three people( there are brother), 1 & 3 owner gifting flat to 2nd owner, in this case can they have to pay transfer fees to society.

  6. Nikita Trivedi says:

    Can an American citizen (NRI) be a chairman of a housing society in Mumbai?

  7. devendra says:

    Can be the Adhoc committe has right to keep the office bearer who is not the owner or shareholder of the society. in other words whether legal heirs are entitiled to become the office bearer of the society, if not is there any legal procedure availble to make him/her as office bearer

  8. Abhijit Shetty says:

    One of our members just sold his flat in nov,d new buyer has sold it to another party,and d new party is asking for N.O.C. from d soc,can d soc giv noc to d new buyer

  9. The Housing Federation is not making copies of Bye laws in English available. Our Hon. Secretary checks the status almost every week,. If the Federation has decided to publish it only in Marathi, let them say so in their monthly magazine. Vide dispersal of the By law provisions is the objective of the Government. Therefore, not printing and making it available in English is counter to the aims and objectives of the law makers.

  10. Can the Managing Committee go beyond the scope of the Bye Laws and the AGM resolution in carrying out repairs within the premises occupied by memebrs? Bye Laws lay down in clear terms which repairs are to be carried out by Society and which by the member. Members bulley the MC by taking complaint to Registrar, who mechanically receives it and sends some vague directions. Registrar’s office should have the courage to tell the complainant that his complaint cannot be entertained by MC under the bye laws.

  11. A I Patel says:

    Dear Sir,
    if a purchaser had given the Power of Attorney to his daughter to handle all the society meeting and other auhority conttected with society.

  12. bhushan ganjoo says:

    we have adapted the new model bye laws , but unfortunately we were are unable to get a copy in english and we were told that it is only available in Marathi.
    Kindly lets know where we can obtain a copy in english.my email is ganjoo@eth.net . my T is 2532 4378.

    ganjoo

  13. NARAYANAN says:

    NON ATTENDANCE OF MEMBERS IN THE AGM

  14. NARAYANAN says:

    RULE FOR NON ATTENDANCE IN THE AGM

  15. Trupti says:

    Rights of the Chairman

  16. ashwin desai says:

    we are having commercial premises in a society.
    please let us the contribution for repairing of the building

  17. HEMANT R SURVE says:

    There is seepage of water in my from 1st floor. The owner is not interested in mending the problem. I stay in CIDCO house. the owner of 1st floor says he is not ready for rectification work from CIDCO. He says “You employ private civil contractor I will pay 50% of cost”. My question is when CIDOC is ready to do the work free of cost, why should I employ Private contractor? Even society is not interested to interfere. What should I do?

  18. kenneth says:

    can a co-op society not allow a tenant whose agreement & police verification been done deny him his right as a licencee,just because the member has informed after the registeration date.has intimation always req even if the soc charges n.o.c as flat continues to be on rent.ur valuable comments as soc is acting in a absurd way.

  19. Dhaivat Nanavati says:

    Can a housing cooperative society lease/rent part or whole of its common plot area to a member for personal parking use , if such a resoulution is passed by general body meeting in majority ? Can a affected member of the society appeal against the same ?

  20. Anup Nair says:

    Would like to know if husband and wife are co-owners of flat and the primary being wife, can husband stand in the general elections of the society committee. Can his name be written in place of his wife (primary owner) in the list of flat owners provided to the registrar of housing societies.

  21. Jagger says:

    Please inform me as per society bye laws which kind of repairs are to be carried out by a society and which kind of repairs are to be carried out by the member.

  22. Sandip Joglekar says:

    We have multiple buildings in our society and there are building representatives for each in Central Working Committee (CWC). Representatives from our building (48 flats in bldg, 4 representatives) are not at all effective for last 10 years and couple of them are so fond of the posts that they themselves give their names every year in GB meeting without anyone suggesting/nominating them. We are fed up of non-effectiveness as basic amenities and cleanliness are seriously affected. 
    Do society model bye laws allow us to recall such members and nominate new, if majority from our building give the same in writing to the Chairman?

  23. jignesh says:

    Society can take penalty & 21% p.a.interest both for not paying monthly mainenance charges on time..

  24. ashoka says:

    How many maximum days Society will takes to register the name of a new member after submitting all documents and transfer fee.

  25. angelo says:

    i am living in a society in Andheri. the builder has given me exclusive use of the terrace for which a certain consideration has been paid . since i am on the top floor i would like to construct a small shed
    on the terrace to be used off and in for leisure of social meetings with friends. the society committee
    is objecting to the same . can i be informed that under which byelaw of the society am i not permitted to do so.or kindly advise me as to the procedure how it can be done ? tks

  26. BHARAT GANDHI says:

    CAN A COMMITTEE MEMBER WHO IS A STRUCTURAL ENGINEER INVOLVE HIMSELF IN FLOATING TENDERS OR TAKE WORK CONTRACT OF THE SAME SOCIETY AND CHARGE THE SOCIETY FOR THE SAME.

  27. mr.waghela manoj a. says:

    what kind of power society is having for defaulter’s of monthly maintenance charge res can you guide us.

  28. Can a member of a cooperative housing society, who is not residing in the society premises, rent out his flat for the purpose of conducting private coaching classes? 

  29. Rahul says:

    I wanted to know whether parking charges are done if there is a shop in the society..and if only parking of a two wheeler is done at day time only…they are being charging me for the last six months.i do need to know that do i have to pay them..pls reply..

  30. Pallavi Gupte says:

    Please let me know which repairs are to be under taken by Soc committe and which by the Members ? Can Committee force a member to carryout repairs inside his flat assugested by structural Engineer.

  31. shirish bhuta says:

    i have not paid the stamp, society has transfer flats in my name in 1993, (the flat was in joint name of my and my brother, the first name was my brother’s, now he is staying separately in new premises, he has leave all his rights on the same flat, i am the sole owner of same flat,) can i participate in society’s comity as a chairman please inform me 

  32. DK Sharma says:

    If one flat owner living in a housing society does not pay monthly maintenance charges, what course of action should be initiated against him.

  33. uday says:

    can society demand from tenant one month rent as donation ?

     thanks

  34. Disha says:

    can a person who’s name is 2nd / joint in agreement be an office bearer???? Like Chairman, Secretary or Treasurer??? 

  35. NEMICHAND says:

    I HAVE PURCHASE FLAT FROM LAND LORD(UNSOLD FLAT) ,AND I WANT TO GIVE THE SAID FLAT ON RENT, CONVEYANCE IS NOT IN FAVOUR OF SOCIETY NOR SOCITY IS OWNER, AND I AM ALSO NOT MEMBER OF THE SOCIETY,SOCITY HAS DISPUTE WITH THE LANDLORD REGARDING OLD MAINTAINCE DUES, SOCIETY FILE CASE AGAINST LANDLORD AND ON ME, THE SAID CASE IS DISMISSED BY COURT.IN THIS SITUATION BEFORE GIVING ON RENT SOCIETY NOC IS COMPULSARY,

  36. E.T.Rodrigues says:

    Would like to know if husband and wife are co-owners of flat and the primary being wife, can husband stand in the general elections of the society committee. Can his name be written in place of his wife (primary owner) in the list of flat owners provided to the registrar of housing societies

    further would like to know if a member owns two flats in same society does she have right of two votes at time of election??

  37. E.T.Rodrigues says:

    Would like to know if husband and wife are co-owners of flat and the primary being wife, can husband stand in the general elections of the society committee. Can his name be written in place of his wife (primary owner) in the list of flat owners provided to the registrar of housing societies

  38. BALAKRISHNA says:

    OUR SOCIETY IS FORMED 6 MONTHS BACK. THERE ARE 28 BUILDINGS AND 1100 FLATS. AFTER THE NEW MC HAS FORMED, THEY HAD INCREASED THE MAINTENANCE CHARGES , BUT FOR 25 OLD BUILDINGS THEY HAD MADE FIXED CHARGES ON THE BASIS OF TYPE OF BUILDING ,BUT FOR 3 NEW BUILDINGS, THEY HAD CHARGES ON SQ FT BASIS AND IS COMING TO BE TWICE THAT OF OLD BUILDINGS. IS IT ACEEPTED AS PER BY LAWS. SHOULD WE GO FOR LEGAL ACTION AGAINST MC FOR CHARGING DIFFERENT RATES ?

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