FAQ

Bye-law No. 70

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

62. LIABILITY OF A PAST MEMBER

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

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

80. ELIGIBILITY FOR PARKING SLOTS & THEIR 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

81. PARKING SLOTS ALLOTMENT WHEN ELIGIBILE MEMBERS>AVAILABLE 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. 28

28. ASSOCIATE MEMBER RESIGNATION

An Associate Member may resign his Membership any time by writing the letter of resignation to the Secretary of the Society, through the Member, with whom he held the shares of the Society jointly. The Secretary of the Society shall place the letter of the resignation of the Associate Member, before the meeting of the Committee, held next after the receipt of the letter of the resignation, duly recommended by the Member for acceptance by the Committee. The decision of the Committee, accepting the resignation of the Associate Member shall be communicated by the Secretary of the Society to the Member and his associate Member within 15 days of the decision by the Committee. If the resignation is rejected, the Committee shall record the reasons therefore in the minutes of its
meeting and the Secretary shall communicate the same to the Member and his associate Member within the time specified above.

Bye-law No. 29

29. NOMINAL MEMBER RESIGNATION (CORPORATE REPRESENTATIVE)

If there is a nominal Member, occupying the flat on behalf of a firm, company or any other body corporate, he/she may resign his nominal Membership, at any time, by writing the letter of the resignation to the Secretary of the Society through the firm, the company or any other body corporate, on whose behalf he is occupying the flat. The Secretary of the Society shall place the letter of resignation, before the meeting of the committee, held next after the receipt of the letter of the resignation of the Nominal Member, duly recommended by the firm, the company or any other body corporate for acceptance by the Committee. The decision of the Committee, accepting the resignation shall be communicated by the Secretary of the Society to the firm, company or the body corporate and the nominal Member, within 15 days of the decision by the Committee. If the resignation is rejected, the Committee shall record reasons therefor in the minutes of its meeting and the Secretary shall communicate the same to the firm, company or the body corporate and the nominal Member within the time specified above.

Bye-law No. 30

30. NOMINAL MEMBER RESIGNATION (RENTAL, ETC.)

A sub-letter, licensee, caretaker or possessor of a flat or part thereof, who has been admitted as a nominal Member of the Society may resign his nominal Membership at any time, by writing the letter of the resignation to the Secretary of the Society, through the Member who has been permitted by the Committee to sub-let, give on leave and licence or caretaker basis the flat or part thereof or
part with its possession in any other manner. The Secretary of the Society shall place the letter of the resignation before the meeting of the Committee, held next after the receipt of the letter of the resignation duly recommended by the Member concerned for acceptance by the Committee. The decision of the Committee, accepting the resignation shall be communicated by the Secretary
of the Society to the Member concerned and his sub-lettee the licensee, the caretaker, or as the case may be, the possessor of the flat or part thereof, within 15 days of the decision by the Committee. If the resignation is rejected, the Committee shall record reasons there for in the minutes of its meeting and the secretary of the Society shall communicate the same to the Member concerned and his sub-lettee, licensee or caretaker etc. within the time specified above.

Bye-law No. 13

The Society shall create and establish the following funds by collecting contributions from its Members at the rates mentioned hereunder :

13. a. REPAIRS & MAINTENANCE FUND

The Repairs and Maintenance Fund, at the rate fixed at the general body subject to the minimum of 0.75 per cent per annum of the construction cost of each flat, incurred during the construction of the building of the Society and certified by the Architect, for meeting expenses of normal recurring repairs of the Society’s buildings/property.

13. b. MAJOR REPAIRS FUND

Major Repairs Funds, as and when required and decided by the General Body at the rate fixed pro-rata on area basis.

13. c. SINKING FUND

The Sinking Fund at the rate decided at the meeting of the general body, subject to the minimum of 0.25 per cent per annum of the construction cost of each flat incurred during the construction of the building of the Society and certified by the Architect, excluding the proportionate cost of the land.

13. d. EDUCATION & TRAINING FUND

To create Education and Training Fund from contribution by the Members Rs 10 per month / per unit or as decided by the General Body.

Bye-law No. 19

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

20. NOMINAL MEMBERSHIP CONDITIONS

A sublettee, 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

21. DISPOSAL OF MEMBERSHIP APPLICATIONS

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

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

4. AREA OF OPERATION

The area of operation of the Society shall be confined to ___________________________________

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

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

99. PERIOD OF NOTICE 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

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

164. DISPLAY ON 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

132. NOTICE OF THE 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

57. INSTANCES FOR CESSATION OF NOMINAL MEMBERSHIP (CORPORATE BODY)

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

58. INSTANCES FOR CESSATION OF NOMINAL MEMBERSHIP (SUBLETTEE)

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

136. SECRETARY RECORDS THE 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

108. RECORDING MINUTES OF 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

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

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

175. c. MEMBERSHIP INCREASE IN CASE OF 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

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).