Applicant to take 10 shares of Rs. Bye law No. Ownership in the property individually or jointly with others is must and whose name does not stand first in the share certificate. Education and training of Co-operative members, committee members, officers and employees —.

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I f your co-operative society is old it may continue to follow old byelaws. But when a new co-operative society approaches the registrar it would have to compulsorily adopt the new byelaws. Under the Maharashtra Co-operative Societies Act , a housing society is free to adopt its own set of laws that governs its members.

These are called byelaws and are limited to the Maharashtra state. Byelaws are the rules that govern a co-operative society and its members and these undergo changes from time to time through amendments whenever the government feels the need for changes. For instance, the cash on hand limit under the old byelaws was Rs Cash on hand is maintained by the society for day to expenses such as plumber's payments for instance.

Over the years it was felt that the amount was not sufficient. And hence in the new byelaws the same has been increased to Rs 4, Such changes under various headings become imminent and that is how the new model byelaws came into effect from July 2, Since then, the government has made it mandatory for co-operative societies in Maharashtra to adopt the new byelaws.

Byelaws are district specific. In other words while these are more or less the same there could be minor changes depending on which district you fall in whether it is Mumbai, Pune or Thane. Transfer of flat: Under the old byelaws in case you were to transfer your flat, a charge of 2.

But under the new model byelaw number 45 all that has been scrapped and a common charge is levied as per the general body resolution subject to the condition that it is not above Rs 25, Maintenance: Under the old byelaws the maintenance charged varied among members. For instance, let us say the monthly maintenance amount payable was Rs Now if the flat was given on leave and licence, the maintenance charge would be hiked to Rs 1, Service charges include salary of the office staff, liftmen, watchman, the property taxes, electricity charges, water charges, etc.

That apart it also includes entrance fees for affiliation to the housing federation and any other co-operative institution, audit fees for internal, statutory and re-audit if any besides expenses incurred at meetings of the general body, the committee and the sub-committee retainer fees, legal charges, statutory enquiry fees among others.

Purchase of second flat: Under the old byelaws there were restrictions on holding more than one flat. You needed to obtain the registrar's permission to purchase a second flat in the same society or within the limits of a certain district. You were also needed to submit an affidavit saying that you do not hold any other flat in the same district.

For instance, if you were the owner of a flat in Mumbai you could not own another flat in the same city. But another flat in Pune or Thane was allowed. In the new byelaws the same has been done away with. So you can very well purchase a flat in the same society. Under Byelaw number 62 of the new model byelaws all you need to do is make an application to the society saying that you intend to purchase another flat.

It's the society's consent that matters. Transfer among family members: Under the old byelaws there were transfer charges applicable even if the transfer was between family members. But then under Section 6 read with byelaw number 3 of the model byelaws, no transfer charge is to be levied in case of transfer of flat to any one of the family members.

Under byelaw number 3 25 family members means the following group of persons: husband, wife, father, mother, sister, brother, son, daughter, son in law, brother in law, sister in law, daughter in law, grandson, granddaughter. Says Vinod Sampat, property lawyer, "If your co-operative society is old and continues with the old byelaws it may do so as byelaws cannot be enforced by law per se.

Also, in my opinion, there are many mistakes in it. For instance, under the new model byelaw number 61, the managing committee needs to inform the member in writing within seven days of the date of the decision of committee about cessation of a membership.

He adds: "Cessation of membership can take place when the member has sold his flat. And such communication in reality takes more than seven days or even a month since the committee needs to find out whether all dues such as electricity bills, housing loans if any among others have been paid. But then note that when a new co-operative society approaches the registrar it would have to compulsorily adopt the new byelaws.

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Maharashtra Co-operative Housing Society Bye Laws offer a clear set of guidelines for management of cooperative housing societies in the state of Maharashtra. Each housing society needs to follow the rules as listed in the Maharashtra Co-operative Housing Society Bye Laws to qualify as a registered housing society. Bye-Laws: Bye-laws mean the registered bye-laws of the society. Chief Promoter: Chief Promoter means the person who is elected by the Promoters till the first general body meeting of the society takes place. Committee: Committee means the Committee of the members that look after the overall management of the affairs of the society. Days: Days mean the number of calendar days between the day of posting the notice and society meeting. Flat: Flat means any self contained set of premises used for residential or commercial purpose.


Model Bye–Laws of Cooperative Housing Society

Subjects to the provisions of the Act, the Rules and the Bye-laws of the Society, the final authority of the Society shall vest in its General Body Meeting, summoned in such manner as is specified in these Bye-laws. The Management of the affairs of the Society shall vest in the Committee duly constituted in accordance with the provisions of the Act, the Rules and the Bye-lawsof the Society. Subject to the direction given or regulation made by a Meeting of The General Body of the Society, the Committee shall exercise all powers, expressly conferred on it and discharge all functions entrusted to it under the bye-law No. This strength includes the reservation of seats as provided under section 73B and 73C of the Act.

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