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Chapter I Preliminary 1. Registration of a society under Section 8 shal l be made in Form 'A' in Marathi, Hindi or English, and shall, subject to the provisions of sub-section (2) of Section 8. A society may make bye-laws for all or any of the following matters, that is.
Following are some of the important changes done in the MCS Act, 1960 and also in the Model Bye-laws of Cooperative Housing Societies. The condition for membership – Applicant to take 10 shares of Rs.50 each as against 5 shares. Bye law No.22 on rights of membership talks about the right to receive the notice of demand from society if there is an increase in the minimum contribution of a member in share capital.
Definition of Associate member – 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 – Education and Training fund of Rs.10 per member per month to be collected as against Rs.3 per member per annum. Regarding the use of Sinking Fund – Sinking fund can be utilized by the society and no permission of the Registrar is needed. General body permission, however, is a must. Transfer of Property: NOC of society for transfer of flat or property is not required. However, Rule 24 and Bye-law No.38 on the transfer of shares and interest wants the transferring member to give 15 days notice to the society of his intention to do so along with the consent of the transferee member. Management Committee Elections: Elections of management committee must be notified six months in advance and to be held under the supervision of the newly constituted State Co-operative Election Authority (SCEA).
Sec.73CB: Casual vacancy in management committee to be informed to Election Authority and co-option is not allowed. Sec.77-A & 78: Strength of Management committee and Reservation of seats for Women and for members of SC,ST & OBC category with Expert and Functional Directors appointment possible subject to conditions. Sec.73AAA & bye law No.113: The last date for conducting AGM is 30th Sept as against 14th August.
Appointment of Auditors, their Remuneration, Rights and Responsibilities, removal etc. The auditor should be a panel auditor and maximum appointment for consecutive three years and maximum 20 audits excluding for societies with a paid capital of less than Rs.1 lac.
Additional responsibility to file FIR if misappropriation, etc is provided. Special & Specific Reports being filed with Registrar Sec.81/R- 69/Bye law 150-152: Cash expenses limit Rs.1500/- as against Rs.4500/-in Bye laws. Bye law No.144 /R-107D: Cash in Hand at the close of the day limit increased from Rs.300 to Rs.5000/- Bye law 143/R-107C: For encroachment of common areas by members to be charged at 5 times the monthly maintenance charges for the period of such encroachment. Bye law No.168: Applicability and adoption of Accounting standards prescribed by the state government and by ICAI-Sec.81 & notification dtd. 29th Oct.2014. Filing of Annual Mandatory Returns with the Registrar. Sec.79(1A) & 79(1B): Penalties prescribed for various offenses and a consolidated penalty for all defaults to be Rs.5000/- maximum in any financial year.
Bye law No.164(a): The concept of Emergency Planning Scheme and Fire Safety Audit introduced. Bye law No.75: The Maharashtra Fire Prevention and Life Safety Measures Rules, 2009, made it mandatory for building owners and residents to conduct half – yearly fire safety audits and submit the report to the fire department. As per the directive of Directorate of Maharashtra Fire Services, the safety audit has to be conducted by the ‘Licensed Agency” approved by them.
Other Important bye law provisions auditor should know:. Structural Audit has to be done once in 5 yrs for building aging 15-30 years and once in 3 years if building aging more than 30 years by BMC approved structural engineers. One time limit for repairs and maintenance expenses management committee can decide is Rs.1 lac Max. Else General Body permission must. Cheques should be signed by Secretary And Chairman/Treasurer and same with the vouchers.
Mandatory filing of Annual returns and auditors appointment should be insisted for. Security bond for holding cash from the employee and officer -500 and 1000 if paid up capital is less than 1.50 lacs and Rs.1000 & 2000 if it is more than 1.50 lacs. The word “Administrator” has been removed and now the term is “Authorized Officer”. Audit rectification memo needs to be submitted to Registrar in O form within 3 months from the date of the audit report and even auditor has to give remarks on that. Dismissal of the committee if the election due date is not intimated or mandatory returns are not filed & non-submission of audit rectification report etc. Copy of Bye laws, list of members to be kept open for inspection to the public free of charge.
The Maharashtra Co-Operative Housing Society By-Laws. Completely Searchable! ALSO SEE: The Maharashtra Apartment Ownership Act, 1970. The Maharashtra Co-Operative Societies Act, 1960. The Maharashtra Societies Registration Act, 1860.
The Maharashtra Society Registration Rules, 1971. DISCLAIMER: This document is being furnished for your information and reference. It is part of an initiative by ADDA to provide in a consolidated way all the Apartment Owners Acts and Societies Acts of major cities in India, so it helps the Apartment Residents for reference. The content has been received from sources we believe to be reliable, and the content have not been independently verified by us, hence we make no warranty about the accuracy or completeness of these documents.
Also ADDA does not assume any liability for any damage caused due to action taken or not taken on basis of these documents. =+=society can collect funds for repair again and again for same work? =+=society has under taken plastering N terrace worl in 1994, and from since then terrace is leaking, due to which i have to carry out ceiling plastering works, and society has spent approx. 2 lakhs for applying coats.
Now the balance fund is over and again they want more funds for which they are passing resolution. =+=can committee forms sub-committee wing wise? =+=laws or sections for members against society, who is miss using members funds and damaging structure of building? =+= websites for Acts, laws n sections? Sir, I am the president of housing society aparna Hights-2 kondapur,Hyderabad.we recently in a EOM agreed the rate of maintenance charges will be on common area sft.
The society has 82 flats of 3 bhk of 1500-2315 sft and 12 flats of duplex type 3400-4600 sft.All have listed common area @ 20 percent of plinth area. The duplex flat owner says they will only pay on apportioning system on utilisation basis of services and not on common area.lot of facilities are created on common area it’s operation /maintenance/provision of services etc.Can you let me know what all we should do, lots of provisions are, our owners of duplex are not agreeing the provisions given AP housing act 1987. Our builder is not interested in forming the Housing Society while all the flats in our building are sold, similarly there are other two buildings in our compound, flats of which are also sold out. Only one building i.e. The fourth building where flats are balanced to be sold.
We had approached the builder to get our buildings society registered but he is only giving a false promises and has done nothing in this direction, He has formally given us a permission to form a committee and look after the building affairs, but he is not doing anything for registration, he even went on to state that “SOCIETY REGISTRATION SHALL BE ON HIS SOLE WILL, IF HE DECIDES THEN ONLY THE SOCIETY CAN BE REGISTERED, HE EVEN CHALLENGED THE VISITING MEMBERS TO GO TO COURT”. The builder has already taken the money for formation of society and for other legal charges and it has been more than 3 years when we have booked and taken possession of the flats. Kindly advise.
Wanted to know more about sec 29 of Maharashtra cooperative housing society act. A hypothetical situation where A is the 1st owner, B is the 2nd & C is the 3rd. 1) What if a person – A has bought a property in 2002, society is registered in 2008 but has issued a share certifcate to A dated june 2012 and then in JULY 2012 society endorsed B’s name in the share certificate as A sold the flat to B. 2) Now B is intending to sell the flat to C can C buy it? Is it violation of section 29.? As in situation 1) the share cert transfer is within a span of 1 month & 2) in 2nd situation the sale of flat is within 6 months of the earlier sale.
What is the solution to the same? I am staying in Pune in one of the housing society which has more than 70 members. The team of secretaries have decided to lock the common terrace all of a sudden without even informing or notifying in anyway to the society members. The verbal reason being told that, “Someone threw stone from the terrace which broke the glass of a car which was parked outside of the society”. Can it be a legal/valid reason for common terrace to be locked which was opened for last 11 years without a single such incident. Now when everyone is complaining about it. They (secretaries) are saying it is for the safety of the society members.
Can anyone help urgently, how should this be handled? I am Tax Consultant by Profession, i have bought a residential premises in a society on 1st floor, now using it as my office, society denies to transfer the share certificate in my name as i m using it as commercial purpose. As per society people they dont allow for commercial use whereas on the same floor a doctor’s runs his clinic from the many year i.e., right from formation of the society and dont reside there.
Please Give me correct guide lines what to do, whether i can use this property or not. I am the sole trustee of the legal heir. After my parents death my two elder brothers gave NOC procedure and the society has transferred the shares certificate on my name. I want to know one thing.
One of my elder brother is staying in the abovesaid parent’s house and the society treasurer, chairman and secretary says that he is the tenant in that house whereas he is the legal heir of the house. Is this word tenant used is correct. Has he got right to attend the meetings, give complaints of staircase light not working, no water supply for past 3-4 days. Secondly, Can I ask for the defaulters list in the Society.
Kumar never think of that as there are too many complications in trimming of trees, first of all you have to approach a local body (if in case you are in mumbai then its BMC) their garden department will examine the tree and will submit a report. There has to be a valid reason you cannot go on cutting or trimming trees just coz they shed leaves, there has to be logic for cutting or trimming, forget about cutting it can land you in jail for 14 years the offense is considered to be equal to IPC 302 which is for murder. 1.A flat owner did not live in his flat but his sister is living in his flat without any live license agreement.Can society collect NON OCCUPANCY CHARGE or what action can society take. 2.The same owner has carried out some renewation work in his flat without seeking permission for society even if it is written in the notice board at the gate,” A member has to take permission from the society before starting the renewation work in his flat.Action will be taken against the member violating this rule” We have issuied a notice to him asking him to explain “Why action should not be taken against you for violating the rule framed by the society.”. 1.Flat owner of Flat 09 in our society has carried out internal renewable works in his flat without seeking permission from society. Notice board at the gate of society building clearly states “Before carrying out any renewation work in the flat/shop member has to take permission of society.Necessary action will be taken who does not follow the rule.” Can society take any action against the member?
If yes, under which rule of bye law? Owner of flat does not live in his flat but his sister use his flat with the permission of her brother.They did not intimated to the society.Can society levy NOC in the monthly maintenance bill.
Venkateshwar nagar co-op hsg. We all society member are wish to change our Chairman, secretary and treasurer as the person who is on the post of treasurer is use very rough language with other society member. Also demand payments in monthly maintenance bill as per their own decision with any meeting or approval with other society member, if we ask for accounts he refuse to reply, many times we complain in registrar office at Thane but no response from Thane even only three person doing miss-management of society collection money. Please guide us how we can go further and where we have to take action/application against those person who is used society rights for personal benefits. My father holds a flat in a hsg society – the share certificate is in his single name. As he is 83 yrs old, it is difficult for him to attend the general body meetings.Hence the secretary has suggested him to add me (his son) as an associate member so that I can attend the meetings in his place. For this, we are supposed to apply in a form along with Rs 100 fees,which we have already done.
Now the society is asking us to submit a signed SHARE TRANSFER DEED to change the name on the Society’s Share Certificate from single name to joint names – my father being the first holder. But, my father is against this as it will amount to a sale – which will lead to a Capital Gain Tax. Kindly advise us what to do in such a situation. Thanks a lot! I masoo khan residence at anjani height co-op hsg mira bhayandar district thane maharashtra. I have own car steel parking.in the building.mostly child playing in the parking area.and he mostly scratched car.drop stone in petrol tank.and also suck petrol from petrol tank.mostly car or bike owner suffering this problem.but society never take any responsibility.
I want to society.give me permission i want to cover my parking area with ms grill or net. But society do not give me permission. Pls give me suggestion what is the society rule about parking space.i can covered or not. I am not paying any pooja collection since last 4 years. As such this year the working commitee has made it compulsory stating that if not paid the amount to be recovered through regular monthly maintenance bill as per their meeting held on. In the monthly maintenance bill of Feb.2013 the amount of Puja advance of Rs.
400/- was included. I paid the maintenance bill excluding Puja advance. In the monthly maintenance bill of Mar.2013 the same amount of Rs.400/- was shown as Arrears.
Is it compulsory or mandatory for paying Puja advance. Please reply. 1) i stay in ghatkopar west mum-86. I have flat on 2nd floor n above me staying has made their wc in there bathroom n there leakage is damanging my flat badly.i have been complianing in writing since two years to society but society has not taken any action so plzzz tell what can we do? 2) society has decided to repair the building n they are demanding rs.70000 in very short period n we can not pay such amt in short periodso i wil like to know that in this two matters what are the bye laws of society related to this matters.