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Bye-law No. 17

17. a. ELIGIBILITY FOR MEMBERSHIP

No individual shall be admitted as a Member of a Society except the following that is to say:
i. Individual who is competent to contract under the Indian Contract Act, 1872;
ii. a Firm, Company or any other Body Corporate constituted under any Law for the time being in force, or a Society registered under the Societies Registration Act, 1860;
iii. a Society registered, or Deemed to be Registered, under the Act;
iv. the State Government or the Central Government;
v. a Local Authority;
vi. a Public Trust registered under any Law for the time being in force for the registration of such trusts;

17. b. MEMBERSHIP ELIGIBILITY OF MINOR OR PERSON OF UNSOUND MIND

A minor or a person of unsound mind, inheriting shares and/or interest of the deceased Member in the capital/property of the Society, or if nominated may be eligible for admission to Membership of the Society through his guardian or legal representative on an application in the prescribed form, along with undertakings/declarations, in the prescribed forms, mentioned in the application

17. c. ADMISSION TO MEMBERSHIP

Notwithstanding anything contained in these bye-laws, admission of a person to Membership of the Society directly or as a result of Transfer of Shares and interest of the existing Member, in the capital/property, of the Society, shall be subject to the approval of the concerned Competent Authorities such as the Collector of the District and the land grant terms as applicable, (provided if the Society has been given land by Government/CIDCO/MHADA/SRA” or any other authority )

Note (1) : “Family” means as defined under Bye law No. 3 (xxv)
Note (2) : Signatories to the application for Registration of the Society shall be Deemed to be the Members of the Society after its Registration.
Note (3): The number of Members in the Society shall be limited to the number of Flats/ Units constructed in the building/buildings. It shall be binding on the committee to restrict the Members to the extent of the number of Flats/Units in the Society.

Bye-law No. 75

75. a. FLAT IS DEEMED TO BE ALLOTTED ON PURCHASE

The Member, person/firm who had purchased the flat under an agreement under Section 4 of the Ownership Flats Act, or acquired interest in the flat on transfer of the same by existing Member with previous permission of the Society, shall be deemed to have been allotted the same flat by the Society subject to the terms and conditions set out in the letter of allotment in the prescribed form, including subsequent modifications made by the Society

Bye-law No. 60

60. RESTRICTIONS ON HOLDING MULTIPLE FLATS

Individual Member of the Society may hold more than one flat, in the building/s of the Society in his name or in the name of any of the Members of his family subject to the conditions as provided under the provisions of Section 6 of the “Act”.

Bye-law No. 61

61. LIABILITY OF MEMBER

The liability of a Member of the Society shall be limited to his shares-holding in the Society.

Bye-law No. 76

76. a. CRITERIA FOR CONDUCTING STRUCTURAL AUDITS

The Society shall cause to undertake the Structural Audit of the building as follows

i. for buildings aged between 15 to 30 years – once in 5 years

ii. for buildings aged more than 30 years – once in 3 years

Bye-law No. 18

18. MEMBERSHIP ELIGIBILITY OF CORPORATE BODIES

• A Firm registered under the Indian Partnership Act, 1932,
• A Company registered under the Indian Companies Act, 1949,
• A Society registered under the Societies Registration Act, 1860 or
• A Co-operative Society registered or deemed to be registered under the Maharashtra Co-op. Societies Act, 1960,
• A Local Authority,
• The State or Central Government,
• A Public Trust or
• any other Body Corporate, registered under the law for the time being in force, as provided under Section 22(1) (b), (c), (d), (e) and (f) of the Act

may be eligible for admission to Membership of the Society. However, admission of Firms and Companies to Membership of the Society and holding of flats by them shall be regulated in accordance with the notifications issued by the State Government from time to time under the Second Provision to Section 22 of the Act.

Bye-law No. 19

19. c. MEMBERSHIP CONDITIONS FOR CORPORATES

A Firm, Company, or any other Body Corporate, registered under any law for the time being in force, which is eligible to be a Member of the Society and has made an application for Membership of the Society in the prescribed form may be admitted as a Member by the Committee of the Society on complying with the following conditions:
i. applicant has sent, along with application for Membership of the Society, a certified copy of the agreement duly stamped entered into by it, with the Promoter(Builder) or transferor under Section 4 of the Ownership Flats Act.1963, with certified copy of resolution of the firm or company as the case may, authorizing to sign the application.
ii. applicant has paid, along with application for Membership, the full value of at least 10 shares and an entrance fee of Rs. 100/-.
iii. applicant has complied with the conditions mentioned in the notifications, issued by the State Government, from time to time, under the Second Proviso to Section 22 of the Act.
iv. applicant has furnished the undertakings / declarations in the prescribed forms required under any law for the time being in force along with the application for Membership.

Note : The conditions at (i) and (iii) shall not be applicable to the firm/ company of the Promoter Builder, applying for Membership of the Society in respect of the unsold flats.

Bye-law No. 65

5. a. COMPOSITION OF SOCIETY CHARGES

The contribution to be collected from the Members of the Society, towards outgoing and establishment of its funds, referred to in these bye-laws as ‘the charges’ may be in relation to the following :

(i) Property Taxes,

(ii) Water Charges,

(iii) Common Electricity Charges,

(iv) Contribution to Repairs and Maintenance Fund,

(v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift.

(vi) Contribution to the Sinking Fund,

(vii) Service Charges,

(viii) Car Parking Charges,

(ix) Interest on the defaulted charges,

(x) Repayment of the installment of the loan and interest,

(xi) Non-occupancy Charges,

(xii) Insurance Charges,

(xiii) Lease rent,

(xiv) Nonagricultural tax

(xv) Education and Training Fund

(xvi) Election Fund

(xvii) Any Other Charges.

Bye-law No. 73

73. SOCIETY’S COMMON SEAL

The Common Seal of the Society shall be in the custody of the Secretary of the Society and shall be used under the authority by means of a resolution of the Committee on the Deeds of conveyance, share certificate or any other documents, to which the seal is affixed on behalf of the Society, shall be attested by the Chairman, the Secretary and one Member of the Committee, authorised by the Committee in that behalf along with their name and designation

Bye-law No. 16

16. CLASSES OF MEMBERS

The Membership of the Society shall consist of

(i) Members, including Associate Members and

(ii) Nominal Members

Bye-law No. 83

83. PAYMENT OF PARKING CHARGES

Every Member shall pay the for parking charges for the number of slots allotted to him / her at such rate as may be decided by the General Body of the Society at its meeting, irrespective of the fact whether he actually parks his vehicle or not.

Bye-law No. 59

59. COMMITTEE RECORDS MEMBERSHIP CESSATION & COMMUNICATES DECISION

The Committee shall record the facts of cessation of Members’ Membership of the Society under the bye-law No. 55 and of Associate and Nominal Member’s Membership respectively under the bye-laws Nos. 56, 57 and 58, in the Minutes of its Meetings and accordingly the Secretary of the Society shall inform the concerned Members in writing within 7 days of the dates of such decision of the committee.

Bye-law No. 55

55. INSTANCES FOR MEMBERSHIP CESSATION  

The person shall cease to be the Member of the Society:
a. On his resignation from Membership of the Society having been accepted by the committee.
b. On transfer of all his shares and interest in the capital/property of the Society.
c. On his death.
d. On his expulsion from the Membership of the Society.
e. On being adjudged as an insolvent or legally disabled from continuing as Member.
f. If the whereabouts of the Member are not known for continuous seven years and if his shares & interest in the property/capital of the Society is not claimed by anybody else.
g. On cessation of right/title & interest of a Member in the property of the Society, by way of legal attachment or sale.
h. Any transfer if void as provided under bye law number 38 (d)
The Committee shall take further action in the matter as indicated in the bye-law No.61.

Bye-law No. 76

76. c. STRUCTURAL AUDIT CONDUCTORS

Such Structural Audit by Societies which are in Municipal Corporations limits shall be conducted by approved Engineers from the Corporations panel. In case of other Societies such structural audit shall be carried by the Govt. Approved Structural Engineers / Architect, and maintain record thereof

Bye-law No. 56

56. INSTANCES FOR CESSATION OF ASSOCIATE MEMBERSHIP

The person shall cease to be the Associate Member of the Society, when the Member, whose name stands first, ceases to be the Member of the Society or on the death of the Associate Member or on the acceptance of the resignation of the Associate Member by the Committee. However the associate member shall not cease to be Associate Member when the First Member ceases to be the member of the society if Associate Member holds title and interest in the property jointly with the member. The Committee shall take further action in the matter as indicated in the Bye-law No. 61.

Bye-law No. 32

32. PROCESS FOR APPLICATIONS & REVISIONS

A Member and/or Associate Member of the Society may by writing under his hand, in the prescribed form, nominate a person or persons to whom the whole or part of the shares and/or interest of the Member in the capital/property of the Society shall be transferred in the event of his death. The
acknowledgment of the nomination by the Secretary, shall be deemed to be the acceptance of the nomination by the Secretary. No fees shall be charged for recording the first nomination. A Member may revoke or revise his nomination, at any time, by making an application, in writing, under his hand, to the Secretary of the Society. The acknowledgment of the variation in nomination/ subsequent nomination by the Secretary, shall be deemed to be the cancellation of earlier nomination. Every revision of the nomination shall be charged a fee of Rs. 100/-

Bye-law No. 33

33. RECORDING APPLICATIONS & REVISIONS

On receipt of the Nomination form, or the letter for revocation of the earlier nomination, the same shall be placed before the meeting of the Committee held next after the receipt of the Nomination form, or the letter of revocation of the earlier nomination, by the Secretary of the Society for recording the same in the minutes of the Committee. Every such nomination or revocation thereof shall be entered in the register of nominations by the Secretary of the Society within 7 days of the meeting of the Committee, in which it was recorded.

Bye-law No. 38

38. e. REQUIRED DOCUMENTS & COMPLIANCE FOR SHARE TRANSFER

The Transferor / Transferee shall submit following documents and fulfill compliance as under:
i. application in the prescribed form, for transfer of his shares and interest in the capital/property of the Society, along with the Share Certificate;
ii. application in the prescribed form for Membership of the proposed Transferee ;
iii. resignation in the prescribed form Member / Transferor;
iv. Registered Agreement with Stamp Duty paid;
v. valid reasons for the proposed transfer;
vi. undertaking to discharge all the liabilities to the Society by Transferor;
vii. payment of the transfer fee of Rs. 500/-
viii. remittance of entrance fee of Rs. 100/- payable by the proposed Transferee;
ix. payment of amount of premium at the rate to be fixed by the General Body Meeting but within the limits as prescribed under the circular, issued by the Department of Co-operation / Government of Maharashtra, from time to time. No additional amount towards donation or contribution to any other funds or under any other pretext shall be recovered from transferor or transferee.
x. submission of ‘No Objection Certificate’, required under any law for the time being in force or order or sanction issued by the Government, any financing agency or any other authority;
xi. the undertaking / declaration in compliance with the provisions of any law for the time being in force, in such form as is prescribed under these bye-laws.

Note: The condition at sr. no. (ix) above shall not apply to transfers of shares and interest, of the transferor in the capital / property of the Society to the Member of his family or to his nominee or his heir / legal representative after his death and in case of mutual exchange of flats amongst the Members.

Bye-law No. 42

42. DISPOSAL OF APPLICATION BY MANAGING COMMITTEE

The procedure for disposal of applications for exchanges of flats as indicated in the bye-law No. 62 shall be followed by the Secretary and the Committee of the Society.

Bye-law No. 63

63. f. COMMITTEE OR GENERAL BODY REJECTS APPLICATION

If the Committee or the General Body, as the case may be, rejects any applications, it shall record, in the minutes of its meetings, the reasons for rejection of the applications;

63. g. COMMITTEE OR GENERAL BODY ACCEPTS APPLICATION

The Secretary of the Society shall communicate the decisions of the Committee or the General Body, as the case may be, to the applicants concerned within 15 days of the decisions of the Committee or the General Body, as the case may be, with reasons, where the applications are rejected by the Committee or the General Body, as the case may be, If the Society does not communicate the decision to the applicant within three months from the date of receipt of application for Membership; including nominal or associate Membership, the applicant shall be deemed to have been admitted as a Member as provided under Section 22(2) of the Act.

Bye-law No. 39

39. a. DISPOSAL OF SHARE TRANSFER APPLICATION

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. 62 shall be followed by the Secretary and the Committee of the Society

39. b. ACCEPTANCE OR REJECTION OF APPLICATION 

A meeting of the Committee or the General Body, as the case may be, shall not refuse any application for admission to Membership of transfer of shares and interest in the capital/property of the Society except on the ground of noncompliance of the provisions of the Act, the Rules and the Bye-laws of the Society or any other law or order issued by the Government in exercise of the statutory powers vested in it.

39. c. DELAYED DECISION IS DEEMED ACCEPTANCE OF SHARE TRANSFER 

If the decision of the Committee/General Body meeting as the case may be, on the application for transfer of Shares and/or interest in the capital/ property of the Society is not communicated to the applicant within three months of its receipt, the transfer application shall be deemed to have been accepted and the transferee shall be deemed to have been admitted as a Member of the Society as provided under Section 22(2) of the Act.

39. d. UNAUTHORIZED TRANSFER IS VOID

Any transfer made in contravention of the Act, Rules or the Bye-laws shall be void and not effective against the Society

Bye-law No. 63

63. a. ADDRESSING ALL APPLICATIONS TO SECRETARY

All the applications for

(i) admission to Membership of the Society, including associate and nominal Membership,

(ii) approval to the transfers of Shares and interest in the capital/property of the Society,

(iii) intimation for subletting or giving flats or parts thereof on leave and license or care-taker basis,

(iv) permission for additions and alterations in flats,

(v) allotment of parking spaces and stilts,

(vi)permission for exchange of flats,

(vii) permission for holding, additional flats,

(viii) permission for assigning, mortgaging or creating charge or interest in fiats,

(ix) permission for use of terrace,

(x) complaint application of the members

(xi) for any other purpose provided under the byelaws but not specifically mentioned above,

shall be addressed to the Secretary of the Society.

Every application received by the Secretary shall be acknowledged by him.