New Model Bye laws-2009

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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39 thoughts on “New Model Bye laws-2009

  1. 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.

  2. 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?

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

  4. 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

  5. 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.

  6. 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..

  7. 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.

  8. 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 

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

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

  11. 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,

  12. 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??

  13. 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

  14. 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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