Monday, 25 March 2013

New Bye-Laws for Co-operative Housing Society in Maharashtra Some Key Point with Bye-Laws No.

New Bye-Laws for Co-operative Housing Society in Maharashtra Some Key Point with Bye-Laws No.  
Bye-laws & Promoter…
3. (ii)      Bye-laws' means bye-laws consistent with Act and registered under this Act for the time being in force and includes registered amendments of such bye-laws.
(xiii) "Promoter Builder" means a person and includes a partnership firm or a body or association of person, [whether registered or not] who constructs or causes to be constructed a block or building of flats [or apartments] for the purpose of selling some or all of them to other persons, or to a company, Co-operative Society or other association of persons, and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both
Professional Management…
3 (xxix)                 ‘Authorized Person’ means a person duly authorized to take action under the provisions of this Act.
(xxx)      ‘State Co-operative Election Authority’ means an authority constituted or nominated by the State Government for the purposes of superintendence, direction, and control of the preparation of the electoral roll for and conduct of the elections of committee of a society or such class of societies as may be notated.
(xxxi)     ‘Expert director’ means and includes a person having experience in the field of Housing and the field relating to the objects and activities undertaken by the society.
(xxxii)    ‘Functional director’ means and includes a Chief Executive Officer or Manager or by whatever designation called, nominated by a committee and who is available for whole time to look after the working of the society and discharge the duties and functions as may be assigned to him by the committee.
(xxxiii)   ‘Officer’ means a person elected or appointed by a society to any office of such society and includes any office bearer such as a chairman, vice-chairman, chairperson, secretary, treasurer, manager, member of the committee and any other person elected or appointed to give directions in regard to the business of such society.
5 (a)       To promote peaceful co-habitation amongst the members on the Co-operative Principles and ensure Voluntary formation, Democratic Member Control, Member - Economic Participation and Autonomous Functioning.
(b)          To provide co-operative education and training to develop co-operative skills to its members, committee members, officers and employees of the society.
(c)           To initiate Redevelopment of the building as per the norms of the authority.
(e)          To provide co-operative education and training to develop co-operative skills to its members, committee members, officers and employees of the society.

Creation of Funds
7.  The funds of the society may be raised in one or more Modes of raising of the following ways: the funds of the society…
                (i) by and for Election Fund.
   (E) Creation of Other Funds
                (d) To create Education and Training Fund from the Members as contribution of Rs 10 per month / per unit or as decided by the General Body.
Active Member…
22.  (B) (1) A member shall be called as 'Active Member' if:-
a.            He has purchased and owns the Flat I Unit in the Society.
b.            He has attended at least One General Body Meeting within a consecutive period of Five years.
c.             He has at least paid the amount equivalent to one year of society Maintenance and Service charges, within a consecutive period of Five years.
Non-Active Member…
22 (B) A member who is not an 'Active Member' shall be the 'non-Active Member'.
(2)    Society shall classify the members as 'Active' or Non-Active' member at the close of every financial year.
(3)    Society shall communicate to every Non-Active member about his classification, within a period of 30 days from 31st March of every year as prescribed under these By-laws as per Appendix - -
(4)    lf a question, of a member being Active or Non-Active arises, an appeal shall lie to the Registrar within a period of 60 days from the date of communication of such classification.
(5)    The ' Non-Active' member can be reclassified as 'Active member' if he satisfies the conditions laid down under Byelaw no. 22(B)(1).
Access to Documents…
Inspection of Books and Records Getting Copy of the Bye-laws.
  1. (a)          A member shall have right to inspect free of cost books, registers documents etc. as provided in Section 32 (1) of the Act and get copies of the documents … on payment of the fees prescribed under the bye-law No. 172.
1.            Certified copy of the approved Bye-laws of the Society Rs. 5/- per page.
2.            Amendment of the bye-laws of the society Rs. 5/- per page.
3.            Last audited Balance Sheet of the Society Rs. 10/- per page.
4.            Application for membership of the Society Rs.25/-
5.            Second and Subsequent Nomination by the member of the Society Rs.50/-
6.            Share Certificate of the Society (Dup|icate) Rs. 100/-
7.            List of members of the Society Rs. 10/- per page.
8.            Correspondence (related to member) Rs. 10/- per page.
9.            Minutes of the general body meetings and committee Meetings Rs. 10/- per page.
10.          Indemnity Bond Rs. 20/-
11.          Copy of Audit Report,  Annual Returns and Periodicals -- Rs 10/- per page.
12.          List of Non-Active members -- Rs 5/- per page.
13.          Any other document as per section 32 of the Act -- Rs. 5/- per page.
Annual General Meeting…
96.          The annual general body meeting of the Society shall transact the following business :
(x)          To receive from committee the Audit Rectification Report and Action taken thereon.
(xi)         To appoint the Grievance settlement and Redressal Committee as provided in Bye-law No. 173.
116. (a) Election of all the members of the Committee shall be held once in 5 years, before expiry of its term, in accordance with the provisions of Sec 73- CB of the Act and the Rules / procedure framed there under.
                It shall be the duty of the committee to intimate to the State Election Authority for holding of its election before expiry of its term. On failure, the committee members shall cease to hold office after expiry of its term and attract action by the Registrar under section 77 A.
                (b) The Committee of the society may co-opt Two "expert directors" relating to the objects and activities under taken by the society. The number of such co-opted members shall not exceed two in addition to the strength of the committee as provided in bye-laws No. 115., Such co-opted members shall not have the right to vote in any election of the society in their capacity as such member or to be eligible to be elected as office bearers of the committee.
                (c) The Committee of the society may co-opt Two "functional directors", such members shall be excluded for the purposes of counting the total numbers of the committee and shall have no right to vote.

Last date fixed by commissioner of Co-operation M.S. For Amemendment of you Old bye-laws to new bye-laws is 30/04/2013 for that you have to call Special General Meeting for Discussion.


Still Commissioner of Co-operation M.S. Pune do not final the following
1. Draft the format of ANNEXURE of Active Member & other ANNEXURE.
2.Do not final the who is the  member of State Election Committee & their charges and work scope.
3. Do not final the ELECTION RULES
4.Do not approve the draft copy of the bye-laws upload on his website and give the Different Housing Federation permission to print this bye-laws and ask them to provide to the Housing Society.
5. Administrator is remove but Dy. Register appoint " Authorized Officer/Person" this is same as Administrator 
So Don’t blindly call the SAGM for Amend your CHS Bye-laws approve. First let the bye-laws  approved print from Commissioner of C.S.  come in the Federation .Let Federation print that bye-laws then read the bye-laws  understand it properly and then approved it.  Many Dy. Register of C.S. Send the letter through auditor and force the Society to amend the byelaws.  There are chance to 20 to 30 % change in the Draft copy upload in the Commissioner of Co-operative Society.   

Don’t blindly approve… Understand!!! Don’t Worry, be happy!


  1. hey under which bye-law can the authorised officer be appointed by the registrar?and if such an authorized officer is appointed what are his powers(are they the same as the administrators)?
    Now the M.C will be more powerfull members have to depend on the mercy of the managing committe rather than going to the administrator?

  2. As per MCS Act 79 registrar can appoint authorized officer. this is same as administrators. Just with new name !!!! [previously the registrar can appoint administrators as per sec 81& 79 but now for housing society only 79 is applicable]

    In housing society on General Body is more powerful not MC.

    If you have any dispute with MC or MC not solve your problem then contact Grievance settlement and Redressal Committee to solve the dispute /problem with MC , then you can approach the GB , then Registrar.

  3. @Visariya.. What is the meaning of Common area in a residential Co-op hsg Society. As per me, this is the area where any member can walk over or use. But my society has made a rule that the small area in front of flat enterance (like an alcove) is also a common area. However anyone coming into this alcove can only enter the flat as it has walls on both sides. So residents have put safety grill door here. Pl clarify. Thanks

  4. contd.... SO this area is not Lobby or Passage or corridor. It is a small 3 Sq feet area in front of flat entrance. I can upload a layput picture so you can understand it if reqd.

    1. @asheet Common Area include halls corridors, lobbies, stairs-ways, fire escapes area, lift , duck, terraces and all open spaces of land on which building is located. small area in front of fat entrance [like an alcove] is also common area.

  5. What is the revised date for adoption of the new bye law..Is the old date stayed by any court.

    1. Hon. Gujarat High Court declear 97th constitutional Amendment [243ZH to 243ZT] DEFIND null & void. also their are case pending in Hon. Bombay High court. So at present their is no revised date given.

  6. We are victim of un-equal water supply under which by law can I ragistered my grivences

  7. In you side of flat only your flat or all other flat get unequal water supply?

  8. How much of the society's funds can be allocated for celebrating festivals, can this be done even when the society's expenditure is more that the income, and when the society is asking that the memeber's quarterly fees be raised?

    1. Their is no specific rule/guideline regarding how much allocation for celebrating festivals. Normally after one F.Y. MC & Auditor get idea of expense and then they make budget allocation according to that and AGM approve that budget. After approving the budget by AGM, MC can spend that much amount for celebrating different festivals in that F.Y.

      The AGM has to take decision that wherether we should celebrate festival or not keeping in mind that our balance sheet is in negative.

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  10. sir if three members of working committee resign from seven members committee can a g m without having agenda in notice of a g m select three new member and secondly this co opt members can became secretary

  11. In one F.Y. General Body can co-opt only 2 member. For co-opting member it should be Agenda point of AGM Notice. No co-option without AGM Agenda point can be done. After co-opting 2 member then out of avalible MC member you can select Chairman/Secretary/Tresurer i.e. C/S/T

  12. Dear Mr. Visariya,

    please help me with the following issue,

    we have come to understand that because of changes in the co-operative society act the election of the managing committee is required to be held under supervision of authorized member of the federation.

    so in such a situation can a provisional managing committee whose term has already expired continue to discharge their routine activities till such time as the federation appoints a person to overlook the election procedure.

    is there a provision to appoint two directors from the members of the society who will oversee the objects and functioning of the managing committee till such time as elections for new managing committee are held since the managing committee tenure has already lapsed.

    1. Election of society will be conduct by State Co-operative Election Commission not by Federation. The election will be held in Dec-13 till that time execting committee has to work as regular committee. Their are no provision to appoint 2 directors for supervision.

  13. Thank you Sir for your reply, however please clarify on the below mentioned point,

    Since the tenure of 1 year of the present provisional committee has already elapsed can the General Body elect new committee by calling internal election?

    What if the current committee members have not offered to resign, what will be the recourse available for the General Body?

  14. No GB can not call internal election. Current committee has to work as it is upto election conduct by election Commission. Even you can not change the post of office bears in the MC.

  15. Sir, Our society is controlled by Administratar appointed by Jt. Registrar, CIDCO from August, 2012. The Special General Meeting (SGM) convened by Administrator on 28th July, 2013 passed unanimously and chosen seven members as Administrative Committee Members (ACM) to run the society activities. Later on 1st September, 2013 AGM was conducted and approved the SGM minutes and FY audited accounts unanimously.
    Now Jt. Registrar appointed only 3 disputed members as ACM by taking hefty bribe of undisclosed amount and handed over the society to them including financial powers against the SGM & AGM resolutions. The Problem is these 3 members will be there till the election process which nobody knows when it will happen. In all probability these 3 members utilise the accumulated society funds of 30 lakhs to influence the voters in the election and come out as C/S/T. Kindly give the advice what action we have to take on corrupt Jt. registrar and stop these three members to conduct the colourful exercise of bogus elections.

    1. File Complaint against the CIDCO Dy. Register in 1] Dist. Dy. Registrar C.S. Thane & 2] Divisional Joint Registrar of C.S. Kokan Bhavan

      You can also file RTI Application in Dy. Registrar C.S. CIDCO Office asking the Process of choosing this 3 person as ACM & removing process of old ACM persons.

      Election will happen in the month of JAN-2014.

  16. Thank you sir for your kind reply. I will file a complaint as per your advise. I feel this may take one or two months to get the reply from my complaint Is there any Quick action results through co-operative court or any other court. Since elections are expected in the month of Jan, 2014, till that time the impartial administrator may continue and handover the society to elected representatives.

  17. You can go to Co-Operative Court for quick action.

  18. Sir, I've been researching for more than 2 hours and I haven't found any law that says that tenants cannot use Swimming Pool/ Gymnasium (Facilities).
    Q1. Do these come under 'Common Area'?
    Q2. Can the CHS (Cooperative Housing Society) prohibit members from using such facilities to tenants but allow 'Parking area' allotment?
    Q3. If their is a clause in the bye laws that prohibits such act would the NOC of the owner who is a member of the CHS hold value?

  19. Can I use some part of my flat where I stay in co.op. housing society as clinic?
    What are the lays/rules for this?
    Would appreciate if someone can provide me this info.

    Thanks in advance!

  20. Non-active member – a member who has never attended a meeting i last 7 years but paid all dues time to time. I think he is termed as a NON-ACTIVE member.
    Now he wants NOC for his flat and the purchaser of the said flat has own flat in the same society. The purchaser is giving the application for NOC on the behalf of non-active member / seller.
    Q) So, what should be our stand as a chairman of the working committee of the society?
    I insist that the seller should come and give the application on his own.
    Q) Is this demand correct?
    Also he needs to pay some penalty.
    Q) How much penalty should be levied on him to get NOC?

    1. Seller should submit the application for NOC.

      Still now this new model Bye-Laws is not approved by Co-operative Commissioner. So their is now Active & Non Active member still now.

      You can not charge any penalty for issuing NOC. This is illegal. If you do so & if sell file case against you then you have to pay the court case amount from your own pocket. As auditor may give this remark that due to your mistak society face this court case.

  21. Dear sir ,in the society bye law it says that Structural repairs of roof of all the flat to be carried out by the society at its cost. What does that mean ??? Does it mean ceiling of all the flats.

    1. Yes. Reparing of ceiling of all flats come come under society cost.

  22. Internal leakage due to toilet sink etc should be borne by concerned flat holders with the consent of the society [Byelaw no 70 a] What if the top floor owner refuses to pay 50% of the cost due to leakage, than what is the procedure to claim the 50 %

  23. If top floor flat owner refuse to pay the amount then society has to issue notice to that flat owner saying that to pay the 50% cost for leakage reparing amount else on his/her behalf society will pay the amount and charge in his/her monthly maintenance bill and recover from him/her.

  24. Dear Sir can i request in my letter to society that it should not give NOC to the resident of the top floor unlees they agree to pay 50 % for the leakage caused by them due to leakage in the bathroom, is it legal to write such thing to the society or the society can just ignore my problem and issue them NOC when they sell their flat,In that case what can i do, Kindly reply Thanks

  25. you can not write such things. It's Secretary duty to check before issue NOC that all dues are clear. No leakage problem from that unit. No mortgage for that unit.

  26. How do i contact you, cause my e mail is not configured with office out look 2007

  27. Sir Apart from maintenance, our society has been collecting additional funds since 2008 for complete plaster of our building. ie 800/- per month.If there is a financial problem can we stop that payment till our financial condition improves and keep on paying the other maintenance on time.

    1. It depends upon what resolution pass in AGM. Generaly you can not stope payment of bill. Society can take action U/S 101 for recovery of dues.

  28. Sir,
    We are facing short supply of water for past 5 years. We have tried rain water harvesting but it failed due to petrol pump near by - common wall of society and petrol pump. We even tried bore well but it too failed. Now some of the flat owners have suggested to install water storage tank cap 150 ltrs in their individual flats.
    Please advise is their any law which prevents them from doing so. Is their any regulation which allows such installations.

  29. As per Municipal Act you have to take permission from local body to install Water Tank in house.

  30. sir,
    we are planning build a housing co. society. how much members in a society? which catagory?

    1. Firstly sorry for late reply as i am on vacation. Their are Minimum 11 members required to build society and maixmum no limit.

  31. Sir. . Could you guide us on parking space sold by the builder. Wht does the latest law say.... if we hv purchased the parking space much before the act was passed....thn wht will be the scenario??? Request n early reply..

    1. Firstly, sorry for late reply as I am on vacation.
      Please visit the following link you will get the answer.

  32. sir..can a person take a classes in the flat which he or she owns..or there is any legal procedure...ur reply will help me to take any further step..thanx.

  33. Person has to do the following legal steps 1] Apply for permission for change of use of flat from resident to commerical to the Local Municipal Body. 2] Take NOC from society to change of use 3] Apply for Shop and establishment license 4] Apply for service tax No. registration. The only person can run classes.

  34. Sir, I have purchased a flat of 338 sq.ft. area. I want NOC from society for my Bank. But Secretary demanded 10000/- membership fee and Rs.25000/- Transfer fee. I think , it too much. Please guide me.

  35. Membership fees is Rs. 100/- and transfer fees in Rs. 25000/- only in BMC for other please visit the link

  36. Sir,I have purchased my flat from plot owner. The plot owner have development agreement with Builder on distribution of 38:62 propotion i.e. I am first purchaser of this flat. Now, Society secretary still demanded Rs.10000/- membership fee and Rs. 25000/- tranfer fee. He has prepared share certificate in the name of my seller but he is saying that seller is not registered member. I think, it is illegal. now what should I do?

  37. Fill complaint against Secretary in your area Deputy/Assistant Registrar Of Co-operative Society Office. Since this totally illegal process executed by secretary. If you are the first owner then you do not have to pay any single rupee to society.

  38. Hi, we have a flat in Mumbai and my dad expired without any nomination for the flat. Now, I want to transfer the flat to my mothers name. I have done the complete documentation for this as per the process. Now, my committee is saying that because of my flat causing a leakage in neighbors flat who are adjacent to me and to other flat with which there is no common wall (not an adjacent flat). Society says fix this problem and then they will consider the request for transfer of flat. I had told committee to transfer the flat and then i will fix it since i will take a loan to do complete plastering work of flat. Would like to understand will society reject my request on mentioned issue? Also, my dad had done some internal changes and committee member claims that i have to restore my flat to original state to consider it for transfer. is this true?

  39. Transfer of Flat after death case can not stop due to leakage OR internal changes. You have to ask Committee to produce License Plumber report that Leakage in neighbouring flat [both adjacent and non-adjacent flat] due to your flat along with solutions for it with approximate charges.. And if you have done some internal changes at that time committee has to stop to do changes now they can not ask you to restore it to original one. If they do not transfer you flat and share with in one month of submission of documents then fill complaint in your area Asst./Deputy Registrar of Co-operative Society to transfer your father share and flat in your mother name.

    1. Thanks for your comments...

      Secretory told me that he will put up my case in soc. AGM (which is likely to happen in August). If anyone objects (surely the committee members who objected) then my request will not entertain. Want to know, do flat transfer need to put in AGM? Do I need to wait so long?

  40. Death case transfer can be done by Managing Committee and they can inform the AGM regarding this transfer.

    Only Resale transfer is done after approval of AGM.

  41. okay... as i understand committee at their discretion can decide amongst them or can take a decision in AGM. If committee members decides to discuss the matter during AGM (which is likely to happen in August) then till AGM do I need to wait? Is there any clause/law which makes committee members liable to respond on membership request within a define time? if yes, then whats the time frame post submission of request?

  42. Go through following bye-laws you will get the answer
    Bye-Laws 38. (a) A member, desiring to transfer his shares and interest in the capital/property of the Society shall give 15 days' notice of his intention to do so to the Secretary of the Society in the prescribed form, along with the consent of the proposed transferee in the prescribed form.

    (b) On receipt of such notice, the Secretary of the Society shall place the same
    before the meeting of the Committee, held next after the receipt of the notice,
    pointing out whether the member is prima-facia eligible to transfer his shares and
    interest in the capital/property of the Society, in view of the provisions of Section
    29(2) (a) of the Act.

    Bye-Lasw 39. (a) The procedure for disposal of applications for transfers of shares and/ or interest of members in the capital/property of the Society as laid down under the bye-law No. 65 shall be followed by the Secretary and the Committee of the society.

    Bye-Laws No 65 (b) On receipt of the applications, the Secretary of the Society shall scrutinise them and bring any short-coming therein to the notice of the members concerned within 7 days of their receipt for compliance;
    (c) The Secretary shall place all the applications, complete in all respects, or incomplete, before the meeting of the Committee or the general body, as the case may be, held next after receipt of the applications;
    (d) The Committee or the General Body, as the case may be, shall consider all such applications at its meetings and take decisions thereon;

  43. Sir,
    I own a flat in a building of total 12 flats, 4 on each floor. We have a registered society. The top 4 flats have an attic space which they have paid a fee to BMC to legalise and use. They have now utilised the same as living areas (like a duplex flat). But the maintenance for all the 12 flats is the same. Now there is a problem with leaking roof and the repairs for the same is a huge amount. Please advise if the rest of the society should be required to pay for the roof repairs which none of the other 8 flats are able to use as it is not a terrace but a 'nadia' roof.
    thanking you

  44. No. It is not common area. So only 4 has to do repair on its own. They are paying BMC fees for it.

    1. This comment has been removed by the author.

    2. Thank you for your prompt reply. Is there a reference to the same in the bye laws, if so please advise where and what course of action should be taken?

      In my flat and a few others, we see a lot of cracks on the beams, should these repairs be carried out by individual members or the society. Also as per the last society meeting the 4 above flats have refused to give any amount towards the repairs of the building. Can any action be taken against them?
      Thanking You

  45. Replies
    1. Dear Sir....
      Sorry to trouble you again... I was reading the bye laws which says
      (ix) Structural repairs of roofs of all flats (does this include the roof of building)
      (xv) The damaged ceiling and plaster thereon in the top floor flats, on account of the leakage of the rain water through the terrace....
      does this apply for a nadia roof as well or only for terrace buildings...

    2. ix] include roofs [ceiling ] of top floor also. Top floor house has terrace as roof. i.e. roof of building.
      xv] only for terrace building.

  46. Hi,
    We are the owners of the flat and have been residing in this house since its inception, of late about 1 and half year ago the flat just above our house was sold to another owner, on purchase of the house the owner began to renovate the house as per his wishes and changed the original structure of the flat which lead to leakage problem in our house, and even before the renovation of the flat would take place the owner of the above flat had visited our house with the contractor to see if there was any leakage from above house, and had specifically told the contractor that there should not be any leakage problem to them, and by word of mouth she kept on assuring us that she would get all the damages done to our house due to the renovation work carried out by them, now she has turned aback and says she is not going to spend a single money to restore out house back to its normal state, we had written around 3 letters to the managing committee of the society they too have not given a justified ans and say that we will have to pay for the the damages done to out house and we will also have to pay to get the leakage problem in their the above house sorted out... can u please guide me with regard to what further action has to be taken and its whose duty to get the damages repaid to our house??

    1. Before renovation & structure changes does owner take written permission from Managing Committee and Local Municipal Authority ? It is duty of Secretary of society to inspect the flat and submit the report to Managing committee. Now you can give complaint to Local Municipal authority office saying that flat above you have done structural changes in the flat and due to this leakage problem start and building life get effected and in you house electrical shock problem start and your family life is in danger. you have inform secretary regarding leakage problem but society has not taken any step. You can also write same complaint letter to Dy. Registrar of Co-Operative Society in your area. Also attached 3 letter along with this complaint letter to both Municipal authority and Dy. Registrar of C.S. After taking acknowledgement from both office on your office copy of your letter. Then give one letter to Secretary saying that you have file complaint against society in Municipal office and Dy. Registrar of C.S. office. attached xerox copy of your office copy.

  47. per the new Bye laws .....who can be the member of the society.My concern is - If the flat is owned by my husband , who is working abroad. Can i as his spouse apply for becoming a committe member