Regarding flat/shop/garage/godown sale or giving on rant basis

1.A member should pay All his/her due before he/she sale his/her flat/shop/garage/godown as per Bye-Laws.
2.A member should apply for permission for giving his/her flat/shop/garage/godown on Leave and Licence base or keep a Paying Guest as per Bye-Laws No.43 to society.
3.A member should not give his/her flat on Leave and Licence base or keep a Paying Guest in his/her flat without the written permission of the committee of the society.

4.Member should also submit the copy of  Register Leave and Licence agreements entered into between the   

   member and the sub-lettee.

5. A member should also submittee this copy of the agreement to local police station along with detail    information of sub-lettee.

6.Member must submit copy of  document that he/she inform the local police station and complet all required process in police station in society.

Transfer of Shares , Transfer Fees and Transfer Premium

1.Under Section 29[2][a] of the Act , member has to hold the shares for minimum 1 year before he/she transfers his/her shares. That is he/she can not sale his/her flat before 1 year.

2. Above rule is not applicable to  nominee/ legal heir or any one who become member due to Court Order .

3. Under Rule 24[i][b] of the Maha. Co. Operative Society Rules,1961 any member which intends to transfer his/her share in a co-op housing society has to give minimum 15 days notice to the society together with the consent of the proposed transferee.

4. After receiving this notice this notice has to considered by managing committee with in 30 days from the received date and  if the member is ineligible to transfer his/her shares it has to be communicated to the member through secretary with in 8 days of decision taken on notice. 

5.If member applies for NOC,the society must consider the same on merits within 1 month and give with sign of both chairman and secretary. If it is not possible to give NOC to member secretary should inform member in written with reason.

6.To transfer the share of deceased member committee should work according provision given in Under Section 29[2][a] of the Act 

7. After receiving share transfer application by applicant within 3 months from the date of receipt of application committee should take decision on it And inform this decision with in 15 days from in written to applicant.

8.If the applicant does not receive any intimation from the society within 3 months from the date of submission of application, it is has to apply for deem membership U/S 22[2]  and if application refuse the U/S 23[2] applicant has to apply to Registrar of society.

9. If society refuse to accept the transfer application the U/S 23[1][a] this application is send through Registrar of society to the society

10.Registrar should take decision on such Application within 60 days

11.Applicant must submit all document as mansion in Bye-Laws no 38[e].

12.Applicant must pay Transfer Fee[RS. 500/-],Membership Fee[RS. 100/-],Transfer Premium[Maximum RS.25000/-] along with application .

13.Transfer Premium rate to be fixed by general body,but within the limits prescribed by circular issued by Govt. on 20/12/1989.[view on this blog]

14.Share transfer of deceased member, flat exchange between to member of same society,or flat transfer between family settlement deed than they do not have to pay Transfer Premium

15.If transferor or transferee  want to take loan from financial  institute and then want NOC then society must give this NOC as per given format.If it is not possible to give NOC to member secretary should inform member in written with reason.

16.For Any dispute regarding NOC between society and member Register decision is final And bound to both party.  

What are the Responsibilities of a Member ?

1.Every member in a Co-op.Housing Society[CHS] is liable to maintain his / her flat in a clean condition.

2.Member must present in Annual / Special General Body Meeting.

3.Member must pay the monthly charges and other charges payable to the society regularly ontime.

4.A member must obey the Bye-Laws of the society and honour the laweul decision taken by the managing        committee and the General Body.

5.Member has to support in working of society as well as support in managing committee to runn society

   better.

6.Member must obey the rule set by general body for different services and facility provided by society

7.No member is permitted to make any additions or alteration in the flat without the permission of the

   Statutory Authority and the society.  

8.If any member wants to carryout any alteration or addition in his/her flat, he/she has to apply to the society

   furnishing all the details. The society must consider the application and grant or refuse permission.

9.A member should not stock any dangerous/combustible or obnoxious good in his/her flat.

10.If the storing of the any particular item required special permission of Statutroy authority such permission 

     and permission of the committee must be obtained before storing such goods.

11.A member should not cause any nuisance or inconvenience to other member in the society and he/she 

     should also refrain from doing any act that may be against the decency of the society.

12.A member should not give his/her flat on leave And licence base or keep a paying guest in his/her flat without the permission of the committee of the society

13.Member should also submit the copy of  Register leave and licence agreements entered into between the   

     member and the sub-lettee.

14. A member should also submittee this copy of the agreement to local police station along with detail 

      information of sub-lettee.

15.Member must submit copy of  document that he/she inform the local police station and complet all 

     required process in police station in society.

16. Ever member has to bear in mind that it is the duty of the committee to maintain property of the society.If 

      the secretary of the society or other committee member want to enter the flat to inspect the property or to 

      ascertain any necessary repairs,the member must allow such workmen also to enter the flat. 

    

     

Rights of associate member in a CHS

1. Under Sec 27[2] of Maharashtra Co-operative Societies Act, an associate member is entitled to attend the meetings of the general body of the society in the absence of the member.

2. As per Bye-Laws No.34 of the Model Bye-Laws approved by the Registrar on 13/03/2009[Marathi version] and  24/12/2010 [English version], if a property is jointly purchased by a member and an associate member, on the death of the member, only the portion of the property owned by the deceased member can be transferred to his nominee/ legal heir. The share of property owned by the associate member remains intact.Thus the new Model Bye-Laws recognize the rights of the associate member in the property of the society,if the property is jointly purchased by the member and the associate member.

3.As per Bye-Laws No.118[v], an associate member[only joint owner] can contest election to the managing committee after submitting a no objection certificate issued by the original member. Specimen of the no objection certificate is given in appendix-10A in Bye-Laws.   

Rights of member in a CHS

The rights of member in a CHS is as follow

1. A member is entitled to occupy the flat allotted to him

2. Member can appoint Associate member / Nominal member

3. A member is entitled to receive a copy of registered Bye-Laws of the  society on payment of price.

4. A member is entitled to inspect, free of cost, the following documents
   i.   A copy of Maharashtra Co-op. Societies Act
   ii.  A copy of Maharashtra Co-op. Societies Rules
   iii. Register Bye-Laws of the Society
   iv. Last Audited Report along with Balance Sheet, Profit and Loss a/c
   v.  List of member of the committee
   vi  List of member of the society
   vii Minutes of the general body / special general body meetings
   viii Minutes of the committee meetings
   ix   Those portions of the books and records in which the member's transaction with the society are recorded. The member can inspect the documents in the  society's office during office hours or at the time fixed by the society for the purpose
x  A member is entitled to receive copies of  any documents referred to above, if the member make a request in writing and pays the prescribed fees. If the member makes such an application, the society has to furnish the copies to the member within 1 month from the date of receipt of the prescribed fees


5.  A member is entitled to attend the general body

6.   A member contest election for committee and hold office subject to the he/she is not defaulter of society   and other conditions stipulated in the Bye-Laws of the society

Meeting with Hon. Co-Operative Minister and Commissioner of Co-Operative at Thane

Yesterday [09/11/2011] I meet the Hon. Co-Operative Minister and Commissioner of Co-Operative Department Maharashtra  at Gadkari Rangayatan Theatres in Thane West regarding seminar on Problems on Housing Society in Maharashtra 

In this Minister Assure that whatever Problem suggest regarding Deem Conveyance Registration will also solve very shortly [Regarding this i send him letter which will post later] 

He also agree to separate Co-Operative Housing Society Rules. in present Co-Operative Act since present act it say "Society" which include all co-operative bank, Patpedhi ,housing society and other society  etc which all register under Co-Operative Act 1960

Also  Co-Operative Act 1960 will modified and  some changes has to be done so that many problem will be solved and as United Nations has declared year 2012 as Co-Operative year so Govt. will do changes this Act and make more people friendly 
He also ready to take Rs. 100/- extra as Non-Occupancy charges from member OR 10% of  Monthly Rent which take by member from Licensee As per leave and licence agreement.  

He also ready to remove M-20 Bond and also make change in filling complain against MC At Register Office minimum 1/3 member sign or 10 member sign required since many false  complain  is file At this time. 

Co-Operative Dept. will give guide line Book for Housing Society Very Shortly regarding how to run society

Hope all decision taken At this meet will implement shortly 

HOW SHARES TRANSFER AFTER THE DEATH OF MEMBER IF MEMBER DIES WITHOUT MAKING NOMINATIO.

§         In the event of the death of the member, if member dies without a nomination, the society is empowered to transfer the shares and interest of the deceased member to person who, in the opinion of the MC, is the heir or legal representative of the deceased member

§         However, the following procedure has to be followed before transfer of shares and interests of the deceased member to a heir or legal representative.

§         With in one month from the information of the death of member,the society shall invite claims and objections to the proposed transfer of the shares and interest of the deceased member as per Bye-Laws no. 35.

§         A notice to this effect must be put up on the notice board of the society and the notice should also be published in two newspapers having wide circulation.

§         A specimen of such notice is given in Appendix-16 in Bye-Laws .

§         All expenses incurred in this connection shall be recovered from the legal heir

§         After considering all claims and objection received,in response to the said notice,and after making such inquiries the society may transfer the the shares and interest of the deceased member to the person who in opinion of the MC as per Bye-Laws 17[a] or 19.

§         If there are several claimants, society should ask them to apply jointly for membership and asked to mAke the Affidavit as to who should become member of the society and his/her name stand 1^st in application..In that application whos name stand first make him/her as member of society other as Joint / Associate member

§          The person’s who become member by this transfer will not become owner of that property but only Trustree of that property this should be clearly siad to the person’s by society

§         For ownership of the property person’s must produce a Succession Certificate/Letter of Administration from a competent court. This information should given by society to person

§         Society must also take Indemnity Bond from the proposed transferee indemnifying the society against any claims from any sources.Specimen of such Bond is given in Appendix-19 in Bye-Laws.

§         The proposed transferee must apply to society for membership and comply with other requirements for membership.Specimen of application to be made by legal heir for membership of the society is given in Appendix-17 in Bye-Laws.

§         If MC is not able to decide as to the person who is the heir/legal representative of the deceased member of the claimants do not to the agreement, as to who should become member of the society, the MC shall call upon them to produce succession certificate/letter of administration  from the Competent Court.

§         If there is no claimant, the shares and interest of the deceased member in the capital/property of the society shall vest in the society.

§         An application for membership  include 1.A specimen form of application to be submitted by the legal heir is given in Appendix-17 in Bye-Laws  2. Form of Indemnity Bond is given in Appendix-19 in Bye-Laws 3.The form of undertaking to use the flat for the purpose for which it is alloted is given in Appendix-4 in Bye-Laws. 4.True copy of Death Certificate. 5.Nomination form 6. Membership Fee