Published On: Tue, Dec 21st, 2010

SALIENT FEATURES OF THE 2010 NEW MODEL BYE LAWS

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SALIENT FEATURES OF THE 2010 NEW MODEL BYE LAWS:-
By Advocate Vinod Sampat

Monthly reporting is expected on 5th of every month as regards the progress in the matter of adoption of new bye laws as per circular dated issued by the additional registrar. Initially the aim is on voluntary compliance of the bye laws by co-operative societies.

TENANT OWNERSHIP HOUSING SOCIETIES BYE LAWS are the bye laws where societies have been formed when land is purchased by the society and building has been constructed by the society. The same is appearing in Rule 10 Class 5, sub clause (a).of Maharashtra Co-operative Societies Rules 1961. Normally bunglow plots are governed by this type of bye laws. (Eg. JVPD Scheme at Juhu).

Additions/Amendments in Tenant Ownership Housing Societies bye law Nos. 1(b), 1(c), 2(b), 3(3), 3(8), 3(12), 3(21), 5(a), 6, 7, 13(a), 14(d), 17 (Note 3), 19(a)(4), 23, 27(d), 28, 29, 30, 34, 38(b), 38(c), 38(d), 41(6), 50(c), 71(a), 77(2), 78(b), 114, 115, 116(a),118(2), 118(6), 126(b), 128(1), 129, 139(16), 146, 149(b)(2), 158(e), 158(i), 161(b), 161(c), 161(d), 166, 171, 172 & 175,

TENANT CO-PARTNERSHIP HOUSING SOCIETIES BYE LAWS are the bye laws where societies have been formed when flats have been purchased by the flat purchasers from the builders. The same is appearing in Rule 10 Class 5, sub clause (b).

Additions/Amendments in proposed new 2009 bye law Nos. 1(b), 1(c), 2(b), 3(3), 3(6), 3(11), 5(a), 6, 7(u), 13(a), 17(Note 3), 19(a)(3), 19(a)(4), 19(a)(6), 23, 27(d), 28, 29, 30, 34, 38(b), 38(c), 41(5), 43(1), 50(6), 56(8), 70(b), 76, 81(10), 81(11), 90, 106, 107 (Note), 108(a), 110 (2), 110 (5), 118(a), 120(1), 121, 125, 138, 150(e), 150(i), 152(12), 152(13), 152(14), 153(b), 153(c), 153(d), 165(g)(b) & 166.

HIGHLIGHTS OF THE AMENDMENTS (BYE LAW REFERENCE IS OF FLAT OWNERS TYPE / TENANT CO-PARTNERSHIP)
Chief Promoters role to continue till the first special general body meeting. {Bye Law No. 3(3)}
Open terrace means a terrace to which all the members have access. {Bye Law No. 3(18)}
Recognizing the need of redevelopment and its impact with the passage of time
Linking rights of members to the number of flats. {Bye Law No. 7 (j)}
Giving papers to members within 15 days of request of the member. {Bye Law No. 23}
Specifying time limit for certain acts. {Bye Law Nos. 23, 27(d), 28, 29, 30, 38(c), 106, 165}
Nominee cannot create interest in favour of third parties without establishing the rights of the legal heirs. {Bye Law No. 34}
Submission of stamp duty and registration receipt at the time of transfer of flat. {Bye Law No. 41(5)}
Child labour prohibited from working in co-operative societies. {Bye Law Nos. 49(b) & 153(c)}
Dues of society can be recovered from the legal heirs of the deceased member and / or the occupant. {Bye Law No. 70(b)}
Structural audit to be done by structural engineer. {Bye Law No. 76}
Member will not have a right to sell the parking space which has not been purchased by him at the time of transfer of shares. {Bye Law No. 77}
Money of the society for day to day activities can be invested in scheduled co-operative bank or nationalised bank. Intimation of the same has to be given to the concerned registrar within 15 days from the date of opening of the bank account. {Bye Law No. 106}
If a lady member is not willing to be a managing committee member than the said vacancy can be filled by other male member. {Bye Law No. 107 (Note)}
If share capital of the society exceeds Rs. 10,000/- than voting has to be by secret ballot at the time of elections of the society. {Bye Law No. 108(a)}
If a candidate pays the society dues prior to scrutiny of nominations than the said candidate would be eligible to contest the elections. {Bye Law No.110}
No confidence motion cannot be moved within a period of six months from the date of moving the no confidence motion against the same office bearer if the earlier no confidence motion is rejected. {Bye Law No. 118(b)}
Casual vacancy can be filled not exceeding two seats. However the same will be done only with registrars consent. {Bye Law No. 121}
Amounts above Rs. 1,500/- should be by account payee cheque only. {Bye Law No. 138}
Honorarium that can be paid to office bearer not exceeding 15% of income or Rs. 2,000/- for each office bearer which ever is lower. {Bye Law No. 141(b)}
Repair contract upto Rs. 1,00,000/- can be decided by committee with a right to give increase by 10% in the contract allotted to the lowest tender. However in such cases committee will have to take the decision pertaining to quality of goods at its own risk. {Bye Law No. 150}
Every society will prepare disaster management plan which will include possibility and analysis of risks, stake with reference to the risks, responding mechanism to risk management. Important telephone numbers to be maintained by society which will include the telephone number of the members and the government officers concerned with emergency management. {Bye Law No. 153(b)}
Stringent provisions to ensure that the provisions of Child Labour Act 1986 to be implemented. The penalty as per law on the erring party is one year imprisonment or fine Rs. 20,000/-.
Intimation to police authorities, social organisations, labor commissioner. {Bye Law No. 153(c)}
To protect the interest of widows of the members by restricting the right of the nominee to deal with the property. {Bye Law No.153(d)}
Maximum penalty that can be levied cannot exceed Rs. 1,000/-{Bye Law No. 158}
If a member is aggrieved with any decision of the general body than the complainant must approach the advisory committee and if satisfactory decision is not received than only the complainant can lodge the complaint with the concerned authorities. {Bye Law No. 165}
Compliance of the terms and conditions of the circular dated 3/01/2009 with regards to redevelopment of the property. {Bye Law No. 166}

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  1. Rachit says:

    Very good article.
    Where can we get details fo each of these bylaws? Also what does the bylaw direct about seepage repairs in terms of expense sharing by the owners of upper and lower floor?

  2. SHIRISH RAJANI says:

    ONE OF THE MEMBERS OUTSTANDINGS ARE MORE THAN 2.50 LACS CAN WE ISSUE 101 NOTICE IF PL SEND THE FORMAT

  3. Arvind Khamkar says:

    As per the Maharashtra Co-operative Housing Societies Act.
    Can any body can take private tuitions at residential flat?
    Please inform on arvindkhamkar@gmail.com

  4. Prashant Mokashi says:

    Can a member who has not completed two years contest election for the managing committee. Also can he contest for the post of Secretary.

  5. kalim says:

    we have a one building and six flats ,so we have condominium apartment, as i rented my flat , the body memvers asking for extra amount except maintanance charges ( owner non occupancy charges) and cane member do the business like buity parlour from the home?
    please inform on
    gulmohar_ks@yahoo.co.in

  6. S Jaganathan says:

    what does the provision say about opening of a non-veg fast food joint (take-away) in the shops that has been consturcted on the ground floor of our building by the builder. Can the members take an objection to this on the basis of it being a non-veg food joint.

  7. Nilesh Zabak says:

    how are water supply charges to calculated -1bhk ,2bhk,3bhk,4bhk.
    how are elecrtricity charges for water pumps to be distributed among members
    how are bore well charges to be distributed
    reply on nileshzabak@gmail.com

  8. One of the member’s outstandings are over 2.0 lakhs. Our Society proceeded under Sec. 101 of MCS Act 1960. Now the member is trying to side tract the issue by unnecessarily asking the society to provide over 30 documents, dealing with matters right from almost the inception of the Society, i.e. matters since over 25 years till date. Naturally, over so many years there can be some points which anyone in any society can easily point out. We know that this is only harrasment. Is it binding & mandatory on the society to provide any number of documents asked by any member? Please advise how to deal with such members.

  9. Ivan says:

    Need further calrifications on the below – Member will not have a right to sell the parking space which has not been purchased by him at the time of transfer of shares. {Bye Law No. 77}

  10. milan says:

    How do we resolve the issue of water leakage which is originating from the floor above as well as from the terrace ? Inspite of writing letters to the society managing committee no action is forthcoming from their end. Please kindly clarify.

  11. psagrawal says:

    Our society in Thane (W) has come out with a proposal-resolution to be taken up during forthcoming annual GBM (AGM) ,that those members who fail to attend AGM SHOULD BE PENALISED WITH Rs 200/- rupees ? Is it legally correct? AGM is powered by law to penalise members like this? Law of the land permits this kind prosicution? Is it not violating the Indian Constitution?Kindly clear the matter. however it may be desirable that all members should try to attend important meetings, but can you penalise and force him to attend? Something does not look sensible?
    Thanking you if you could make it out legally?
    psagrawal

  12. sanjeev says:

    This letter to clarify a couple of complicated issues facing housing society. The problem pertains to a recently formed housing society. The builder has constructed a number of small 1 RK & 1 BHK flats and sold them to buyers as combination flats as per their space requirements. Many occupants are having two small flats combined to get one 2 BHK flats. If one needs a 4 BHK flat, the builder has combined four smaller flats and sold them. In all such cases 2, 3 & 4 separate agreements have been made as per individual need.
    Please let us know how the share certificates have to be issued and how the maintenance expenses have to be charged from these combination flat owners. A 4 BHK owner for all practical purpose is a ONE flat owner with a single entry door and one electric meter connection,although he has four agreements made and registered; similar is the case for 2 BHK and 3 BHK flat owners.
    Should the society charge lift maintenance charges, services charge, water charges, two, three or four times as per agreement or should we charge it only once equally distributed as per model by-laws. Please confirm the correct legal position a society has to follow to fix maintenance charges.

  13. Sharada Nayak says:

    Sir

    We understand the the society must have give documents asked by the bonafide member of the sociey. But if the committee Members does not accept the letter asking documents, then what is the way?

    Pls advice.

  14. Ishwer C Naik says:

    Several Bye Law Number quoted are not the same as those appearing in the bye Law Book published by mumbai District Housing Deferation as approved by Registrar on 24 12 2010. These Numbers may be modified to represent a correct picture. For example Bye Law 108 is about voting in General Meeting and not about Voting by Ballot, which is provided in Bye Law No 116(a)

    Note about Women not willing to contest is there in 1984 Model and is not inserted now.

    The write up lacs Credibility.

  15. RAMESH CHAVAN says:

    I have one doubt about the parking. In our office building at Andheri (E), there is huge parking space available. But they do not allow even single two wheeler inside the compound and all bikes are parked on the road. The raod is also very samall in width. Is there any compulsary parking to be given to the employees in the buiseness park. For two wheeler parking they are charging Rs.1000 per month. Is it right. Can we we ask the builder for the same. Please help me. I am against the road congestion. PLEASE DO THE NEEDFUL

  16. ADS says:

    Dear Sir/Madam,
    i wanted to ask you about: i own a property at Kharghar, Navi Mumbai there was a loan taken from a financial Institution, but at the time of this loan disbursement society was unable to issue the share certificate. after a due period it issued the certificates and on other hand after some years i closed the loan amount from my income. further after receiving the original papers from the said bank along with the loan closure NOC in favour of society. i was refused to hand over the share certificate from the secretary. is there any law in said act that certificate is not suppose to hand over to individual members of the society. further to the story if i plan to go for a another loan do the society office bearer require letter from the new financing institute (bank) to submit/hand over certificate to the member. i hope you understand my problem and guide so in future the people are not harassed or mislead by the society office bearer`s.

  17. Winayak Barve says:

    Can a Associate Member become the secretary of the Society? 

  18. priya says:

    i was a treasurer in 2011 and if society ask me to geive the details of the accounts in 2013 should i provide them the explanation

  19. DEEPAK UNADKAT says:

    pl guide me in my flat there are three member in agreement now first member expired what is the next procedure to delete name of 1st member

  20. J K PANDEY says:

    What are the legal option for payment defaulter member for construction of building.

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