FAQ

Bye-Law No. 70: Review & Recovery of Defaulted Payments

70. a. REVIEW OF PAYMENT DEFAULTS

A Member shall be deemed to have committed default in payment of the charges of the Society, if the payment mentioned in the demand notice/bill is not made within the period as prescribed under Section 73CA of the Act. The Secretary of the Society shall bring the cases of defaults in payment of the Society’s charges to the notice of the Committee for taking further necessary action.

70. b. PAYMENT DEFAULT RECOVERY

In case of default by Member in payment of maintenance and service charges, the committee shall initiate a recovery proceeding under section 101 of the Act.

Bye-Law No. 62: Liability Extent of Past Members

The liability of the past Members of the Society for the debts of the Society, as they stood on the date of the cessation of his Membership and the liability of the estate of the. deceased Member of the Society for the debts of the Society as they stood on the date of his death shall continue for the period of 2 years from the date of his cessation or death respectively as per the provisions of Section 33(1) of the Act.

Bye-Law No. 78: Parking Management

78. a. FRAMING AND ADOPTING PARKING POLICY

The Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules there under

78. b. ALLOTMENT OF PARKING SPACES

The allotment of Parking Space shall be made by the Committee on the basis of “First Come First Served”, for available parking slots However the Member shall have no right to sell or transfer the Parking Slot allotted by the Society.

78. c. PARKING USAGE RESTRICTIONS

No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society

Bye-Law No. 80: Parking Slot Eligibility & Allotment

A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any parking slots remain unallotted for want of applicants, additional parking slots may be allotted to such Members who already have a slot allotted to them in normal course. Such allotment of additional parking slots shall be made on year to year basis, provided the same are not required by other Members, who have not been allotted even a single parking slot.

Bye-Law No. 81: Parking Slot Allotment (Members > Slots)

In case the number of eligible Members for parking slots is in excess of the available parking slots, then the Managing Committee shall allot parking slots on annual basis by fair and transparent process, in concurrence with the General Body regulations.

Bye-Law No. 19.b.: Associate Membership Conditions

An Individual, a Firm, a Company or a Body Corporate, registered under any Law for the time being in force, who/ which is eligible to be an Associate Member and who/which shall apply through Member in the prescribed form for such Membership, along with the entrance fee of Rs. 100/-, may be admitted as Associate Member by the Committee.

Bye-Law No. 20: Nominal Membership Conditions

A sub-lettee, a licensee, a care-taker, or occupant who is eligible to be a Nominal Member and who shall apply through Member for such Membership in the prescribed form applicable, along with entrance fee of Rs. 100/- may be admitted as Nominal Member by the Committee.

Bye-Law No. 21: Membership Application Disposal

The procedure for disposal of Application for Membership of the Society, as laid under the bye-law No. 65 (a) to (g) shall be followed by the Secretary and the Committee of the Society.

Bye-Law No. 76.c-d.: Other Necessary Audit to be Conducted

76. c. FIRE AUDIT

The Society shall undertake to carry out periodical Fire Audit of its property as per the State Fire Policy, and maintain record thereof.

76. d. LIFT AND ELEVATOR INSPECTION

The Society shall carry out periodical Inspection of Lifts / Elevators and maintain record thereof

Bye-Law No. 4: Society’s Operational Area in Legal Address

The area of operation of the Society shall be confined to ‘Your Society’s Legal Address’

Explanation :
1) For the Society in the Brihan Mumbai insert City Survey no / Gat no. / Final Plot no / Ward no
2) For the Societies at other places, insert City Survey no / Gat no. / Final Plot no / Ward / Corporation- Municipal limits / Town / Village / Taluka / District 

Bye-Law No. 64.d-e.: Selection of Offers & New Membership

64. d. OFFER SELECTION

On receipt-of the offers, the Committee, in its meeting, shall scrutinize the same and decide to accept the offer which is the highest, which shall not be less than the approved value as determined in (b) above

64. e. NEW MEMBERSHIP APPLICATION

The Committee shall then advise the person, offering the highest price, to make an application for Membership of the Society, in the prescribed form along with a demand draft for the price offered, value of 5 Shares of the Society and the entrance fee of Rs. 100/-.

Bye-Law No. 99: Minimum Notice Period for a General Body Meeting

In case of the Annual General Body Meeting, 14 clear day’s Notice and in the case of the special general body meeting, 5 clear day’s notice of the meeting shall be given to all the Members of the Society, as provided under Bye-law No. 161, under intimation to the Federation and to the Registering Authority. In case of an emergency, the Special General Body Meeting may be called even at a shorter notice, if the Committee unanimously decides to call the Special General Body Meeting at a shorter notice. The Agenda of such emergency meeting and the reasons of emergency for which the meeting is called shall be communicated in writing to all the Members. Also the decision of such meeting shall be communicated in writing to all the Members, within two days of such meeting.

Bye-Law No. 87: Minimum Notice Period for Calling FGM

Clear fourteen days Notice of the First General Body Meeting of the Society shall be given by the Chief Promoter of the Society or as the case may be, by the Officer Authorized by the Registering Authority, to all the promoters, who have signed the application for Registration of the Society.

Bye-Law No. 164: Communication through Notice Board

The Society shall have its Notice Board, fixed at a conspicuous part of the building/s, on which shall be exhibited all notices and communications referred to in the bye-law No.162 (a), the Statement of Accounts, the Annual Reports of the Committee and other matters, of which Notices are required to be given to all the Members of the Society under the MCS Act1960 and, the MCS Rules1961 and the Bye laws of the Society. If there is more than one building, the similar Notice Board shall be fixed in all the buildings.

Bye-Law No. 132: Minimum Notice Period for Managing Committee Meeting

The Secretary of the Society shall give 3 clear day’s notice of meetings of the Committee to all the Members of the Committee which shall state the date, time and place of the meeting and the business to be transacted there at, in consultation with the Chairman of the Society. Where the Secretary of the Society fails to issue such a notice and agenda of any meeting of the Committee, the Chairman of the Society shall issue it. If the Chairman and the Secretary of the Society fail to issue a notice and agenda of any meeting of the Committee, the concerned Housing Federation, of which Society is affiliated, on its receipt of such information and request may call such a meeting.

Bye-Law No. 57: When Nominal Membership (Corporate Body) Ceases

If there is a Nominal Member, occupying the flat on behalf of the firm, company or any other body corporate he shall cease to be as such Member of the Society :
a. On his death.
b. On the acceptance of his resignation by the Committee.
c. On cessation of Membership of the original Member on whose behalf he occupies the flat in the Society.
d. On cessation of his nomination on account of expulsion of the original Member.
e. On intimation from the original Member of termination of the occupants’ nomination.

The Committee shall take further action in the matter as indicated in the bye-law No. 59.

Bye-Law No. 58: When Nominal Membership (Sublettee) Ceases

The Nominal Member, who is the sublettee, licensee or care-taker or possessor in any other manner of the flat or the part thereof shall cease to be as such Member of the Society:
a. On his death.
b. On his resignation having been accepted by the Committee.
c. On the cessation of the Membership of the original Member.
d. On the expiry of the period for which the flat or part thereof was permitted to be sub-let, given on leave and license or care-taker basis or occupied in any other manner.

Note : The words ‘original Member’ used in the bye-laws Nos. 55, 56, 57 and 58 mean the Member, with whom the Associate Member/s hold the shares of the Society jointly, the Firm, the Company or any other Body Corporate, on whose behalf the nominal Member occupies fiat in the Society’s building or the Member who has been permitted to sub-let, give on leave and license or care-taker basis his flat or part thereof or part with its possession in any other manner. The Committee shall take further action in the matter as indicated in the bye-law No. 59.

Bye-Law No. 136: Secretary Records the MCM Minutes

The Secretary of the Society shall attend every meeting of the committee and record its minutes and place the same for confirmation before the next meeting of the committee, after the minutes are signed by the Secretary of the Society and the chairman of the meeting in the absence of the Secretary the Chairman of the Society shall make alternate arrangement for recording minutes of the meeting.

Bye-Law No. 108: Recording Minutes for General Body Meetings

The committee shall finalise the draft minutes of every general body meeting of the Society within 3 months of the date of the meeting and circulate the draft minutes amongst all the Members of the Society within 15 days of the meeting of the Committee at which the draft minutes were finalised. The Members of the Society may communicate to the Secretary of the Society, their observations, if any, on the draft minutes, within 15 days of the date of their circulation. The Committee, at its subsequent meeting, shall prepare the final minutes of the general body meeting after taking into consideration the observations, if any, made by the Members on the draft minutes and cause them to be recorded in the minutes book, by the Secretary of the Society or any other person authorised in that behalf.

Bye-Law No. 109: Cancellation of Old Resolutions

No resolution can be brought at a General Body Meeting of the Society, cancelling its previous resolution, unless six clear months have elapsed, after passing of the previous resolution.

Bye-Law No. 40: Transferee’s Membership Rights

The Transferee shall be eligible to exercise the rights of Membership on receipt of the letter in the prescribed form from the Society or order under section 22 or 23 of the Act from the Registrar; subject to the provisions of the MCS Act 1960, Rules and Bye-laws

Bye-Law No. 175.c.: Membership Increase in Redevelopment

In case of increase of membership on account of redevelopment the Society shall increase the Authorised Share Capital and amend the bye laws accordingly and the list of new members be submitted to the Registrar for appropriate approvals

Bye-Law No. 67: Division of Society Charges among Members

67. a. SOCIETY CHARGES’ SHARE OF EACH MEMBER

The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:
i. Property taxes : As fixed by the Local Authority
ii. Water Charges : On the basis of total number and size of inlets provided in each flat.
iii. Expenses on repairs and maintenance of the building/buildings of the Society : At the rate fixed at the general body from time to time, subject to the minimum of 0.75 percent per annum, of the construction cost of each flat for meeting expenses of normal recurring repairs.
iv. Expenses on repairs and maintenance of the lift, including charges for running the lift : Equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.
v. Sinking Fund : As provided under the bye-law No. 13(c).
vi. Service Charges: Equally divided by number of flats / units.
vii. Parking Charges : At the rate fixed by the General Body of the Society at its meeting under the bye-law No. 84/85.
viii. Interest on the delayed payment of Charges : At the rate fixed under the bye-law No. 72 to be recovered from the defaulter Member.
ix. Repayment of the installment of the loan and interest : The amount of each – installment with interest fixed by the financing agency.
x. Non-occupancy charges : At the rate fixed under the bye-law No. 43(b)(iii).
xi. Insurance Charges : The built up areas of each flat, provided that if there is increase in the insurance premium due to storing any specific goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in proportion of the built up areas to their flats.
xii. Lease Rent : The built up area of each flat / unit.
xiii. Non-Agricultural tax : The built up area of each flat / unit
xiv. Education & Training Fund : Rs. 10 per Flat/unit per month.
xv. Election Fund : Equally by the Members and as prescribed by the Election Authority in the Rules
xvi. Any other charges : As may be decided by the General Body Meeting of the Society

67. b. COMMITTEE FIXES EACH MEMBER’S SHARE OF CONTRIBUTION

The Committee shall fix in respect of every flat the Society charges on the basis laid as down under the bye-law No, 67 (a).

Bye-Law No. 27: Resignation of Membership

27. a. NOTICE

A Member may resign from Membership after giving three months notice in the prescribed form to the Secretary of the Society as provided under Rule 21(1) of the Rules.

27. b. ACCEPTANCE CONDITION

No resignation of a Member of the Society shall be accepted unless such Member has made payment of the charges payable to the Society in full.

27. c. PAYMENT OF DUES

Where any charges are found payable by the Member to the Society, the Secretary of the Society shall intimate the same giving full details and reasons of dues thereof to the Member within 15 days of the receipt of the notice of resignation, advising him to make payment there of within 30 days of the date of intimation.

27. d. DECISION & COMMUNICATION

Where there are no charges of the Society outstanding with the Member, the Committee shall accept the resignation of the Member and the Secretary of the Society shall communicate the same to the Member within a period of 3 months from the date of the receipt of the notice of the resignation.

27. e. REJECTION

Where any resignation is rejected, the Committee shall record the reasons therefore and communicate the same to the Member concerned within three months from the date of receipt of notice of resignation.

Bye-Law No. 162: Meeting Notice & Minutes

162. a.  GENERAL BODY MEETING & MINUTES NOTICE TO MEMBERS

It shall be open to the Society, having regard to the importance of the matter and the specific provision made thereof under the MCS Act1960, the MCS Rules 1961 and the Bye-laws of the Society, to give notice of every General body meeting and communicate the resolution or the decision, to the Members of the Society on their last known addresses, by one of the following modes:

i. Hand delivery, 

ii. Dispatch through post office or by registered post, with or without acknowledgement due, or by email. 

162. b.  GENERAL BODY MEETING & MINUTES NOTICE ON NOTICE BOARD

A copy of such notice/communication of the decision/resolution shall be displayed on the notice board of the Society and thereupon, the notice shall be deemed to have been duly given or communication
shall be deemed to have been duly made and the complaints received or made that the notice/communication was not received or was not sent to the correct address shall not affect the validity of the notice or the communication.