FAQ

Bye-Law No. 114: Strength of the Managing Committee

The Committee shall consist of *11 / 13 / 15 / 17 / 19 Members of the Society. This strength includes the reservation of seats as provided under section 73B and 73C of the Act.

Note: *The strength of the managing committee and strength of the quorum for conducting the meeting would be as under: *Quorum for the Meeting will be simple majority of the existing Committee Members

Bye-Law No. 79: Marking Parking Slots

Where any parking slots have been built or open space in the Society’s compound is available for parking of cars, the Society shall number and demarcate the stilts and/or the open space in such a way that no inconvenience would be caused to any of the Members of the Society. The Committee shall ensure that the space is used by the Members for the purpose for which it is allotted to them.

Bye-Law No. 11: Maximum Allowed Liability

Deposits from Members and loans may be received by the Society for such period and at such rate of interest and up to such amount and on such terms and conditions as may be determined by the Committee, provided that at no time, the total amount of such liabilities shall exceed the limit prescribed under Rule 35 of the MSCS Rules.

Bye-Law No. 64.c.: Newspaper Invitation for Purchase Offers

Within one month of the date of demand for payment of the value of the shares and interest in the capital/property of the Society, or acquisition of the same by the Society, the Committee shall, by publication of the notice in at least two widely circulated news papers and exhibition thereof on the
notice board of the Society, invite offers for price proposed to be paid for acquiring interest in the flat, within such period as is mentioned in the notice.

Bye-Law No. 43: Intimation for Subletting

43. 1. INTIMATION TO SOCIETY FOR SUBLETTING 

A member shall intimate to the society, of subletting his flat or giving on leave and license basis or care taker basis or parting with its possession in any other manner, however the member shall submit a copy of leave and license agreement and copy of intimation report to the police station.

43. 2. PERMISSION NOT REQUIRED, BUT INTIMATION IS ESSENTIAL

No permission of the Society is required to sublet the flat / shop. However the intimation needs to be given to the society 8 days before such subletting

Bye-Law No. 155: Committee Must Maintain Property

It shall be the responsibility of the Committee to maintain the property of the Society in good condition at all times and to redevelop the Society buildings/ property, if necessary, as per Government directives from time to time and as per prevailing laws.

Bye-Law No. 156: First Inspection by Secretary on Complaint

a. The Secretary of the Society, on receipt of any complaints about the maintenance of the property of the Society from any Members of the Society or on his own motion, shall inspect the property of the Society(if necessary along with technical expert appointed for the purpose), from time to time and make the report to the Committee, stating the need of the repairs, if any, considered necessary. The Committee shall consider the report made by the Secretary of the Society and decide as to which of the repairs should be carried out. 

b. the Members of the Society shall allow access and cooperate in the inspection of the premises for repairs & maintenance

Bye-Law No. 19.a.: Membership Conditions for Individuals

An individual / applicant who is eligible to be the Member and who has applied for Membership of the Society in the prescribed form, may admitted as Member by the Committee on complying with the following conditions:
i. applicant has fully tendered the value of at least Ten shares of the Society, along with his Application for Membership;
ii. applicant has paid the Entrance Fee of Rs. 100/-, along with the Application for Membership;
iii. applicant has submitted the application as prescribed, of the particulars in regard to any house, plot or flat owned by him or any of the Members of his family, anywhere in the area of operation of the Society;
iv. applicant has submitted undertaking in the prescribed form to the effect that he shall use the flat / unit for the purpose for which it was purchased by him;
v. applicant has furnished an undertaking in the prescribed form, if he / she has no independent source of income;
vi. applicant has submitted, along with the application for Membership of the Society, a certified copy of the agreement, duly stamped and registered entered into by him / her/ them with the Promoter Builder or Transferor under Section 4 of the Maharashtra Ownership of Flats Act;

vii. applicant has furnished such other undertakings/declarations, in the prescribed forms as are required under any law for the time being in force and such other information as is required under the Bye-laws of the Society along with the application for Membership.
viii. In case of Societies registered under the jurisdiction of special planning Authority like CIDCO / MHADA / SRA / MMRDA etc. the applicant should be eligible person as per the provision of respective Act and the directives of the Govt. / the Planning Authorities, if any.

Note : The conditions at (iii), (iv), (v), and (vii) above shall not be applicable to the Promoter Builder, applying for Membership of the Society, in respect of the unsold flats.

Bye-Law No. 72: Registration of Society

The registration of the Society shall render it a body corporate by the name under which it is registered, with perpetual succession and common seal and with power to acquire, hold and dispose of the property, to enter into contracts and other legal proceedings and to do all such things as are necessary for the purpose for which it is constituted.

Bye-Law No. 63.b-e.: Process for Handling all Applications

63. b. SECRETARY SCRUTINIZES

On receipt of the applications, the Secretary of the Society shall scrutinize them and bring any short-coming therein to the notice of the Members concerned within 15 days of their receipt for compliance

63. c. SECRETARY PLACES APPLICATION IN COMMITTEE OR GENERAL BODY 

The Secretary shall place all the applications, complete in all respects, or incomplete, before the meeting of the Committee or the general body, as the case may be, held next after receipt of the applications

63. d. COMMITTEE OR GENERAL BODY TAKES DECISION 

The Committee or the General Body, as the case may be, shall consider all such applications at its meetings and take decisions thereon

63. e. COMMITTEE MONITORS APPLICATION DISPOSAL TIMELINE 

The Committee shall ensure that all the applications received by the
Secretary of the Society are disposed off within the maximum period of 3
months from the dates of their receipt; except application for subletting.

Bye-Law No. 93: Provisional Committee Handing Over to Managing Committee

The Chairman of the Provisional Committee or the Nominated Committee shall handover charge of all the assets and documents & papers of the Society to the Chairman of the newly elected Committee at the time of its first meeting, leaving nothing with him/them including the record mentioned under bye-law no. 90.

Bye-Law No. 75.d-e.: Post Purchase Hand Over

75. d. HANDING OVER POSSESSION OF FLATS

No Member shall be eligible to get possession of the flat allotted to him unless he has made full payment towards shares, cost of construction, repayment of the loan instalments, which have fallen due and/or any other charges demanded by the Society, under these bye-laws.

75. e. CHANGE OF USER NOT ALLOWED

No Member of the Society shall use the flat / unit deemed to have been allotted to him under (a) above, for a purpose other than that mentioned in the letter of allotment, without the previous consent in writing of the Committee.

Bye-Law No. 15: Investment of Funds

The funds of the Society, when not deployed in its objects, may be invested or deposited as required under Section 70 of the Act. Provided that the Society’s funds collection shall be invested on long-term basis, along with the interest earned thereon by one of the modes permitted under the said section of the Act.

Bye-Law No. 14: Using Funds as per their Purposes

The Society may utilise its Funds in the manner indicated below :

14. a. USING RESERVE FUND

The Reserve Fund of the Society may be utilized for the expenditure on repairs, maintenance, and renewals of the Society’s property.

14. b. USING REPAIRS & MAINTENANCE FUND

The Repairs and Maintenance Fund may be utilized for meeting the expenditure on maintenance of the  Society’s property and repairs and renewals thereof.

14. c. USING SINKING FUND

On the resolution passed at the meeting of the General Body of the Society, the Sinking Fund may be used by the Society for the reconstruction of its building/buildings or for carrying out such structural additions or alterations to the building/buildings, as in the opinion of the Society’s Architect would be necessary to strengthen it/them or for carrying out such heavy repairs as may be certified by the Architect and on approval of General Body.

14. d. USING EDUCATION & TRAINING FUND

The Education & Training Fund be utilized as provided under section 24(A) of the Act

Utilization of all the Funds shall be with the specific prior approval of Society’s General Body

Bye-Law No. 7: Modes for Raising Funds

The funds of the Society may be raised in one or more of the following ways:
a. by entrance fees,
b. by issue of shares,
c. by loans and subsidies,
d. by deposits,
e. by voluntary donations, (but not from Transferor and Transferee)
f. by contributions towards cost of building or buildings,
g. by fee on transfer of shares, along with the occupancy right, assignment
h. by premium on transfer of occupancy right over the flats,
i. by corpus fund from Promoter Builder
j. by any other mode permitted under these bye-laws,
k. by way of statutory requirements.
l. by way of non-occupancy charges, leasing/hiring of open spaces
m. by way of corpus fund, in case of redevelopment 

Bye-law No. 48: Restrictions on Flat Usage

48. RESTRICTIONS ON STORAGE OF GOODS

No Member, without the previous permission of the Committee, in writing shall stock or store any kind of goods or materials, which are combustible obnoxious or other goods, for the storing of which requires permit / sanction of the competent authority under any law relating thereto.

48.a. RESTRICTIONS ON CAUSING INCONVENIENCE

No Member shall do or suffer anything to be done in his fiat which may cause nuisance, annoyance or inconvenience to any of the Members of the Society or carry on practices which may be repugnant to the general decency or morals of the Members of the Society.

48. b. COMMITTEE’S ACTION AGAINST COMPLAINTS

It shall be competent for the Committee either sou-moto or on receipt of the complaint from any Member, to take steps to stop all such practices referred to in the bye-law No. 47(a) forthwith.

Bye-Law No. 24: Right to Occupy Flat

24. a. MEMBER OCCUPYING THE FLAT

The Member, who is deemed to have been allotted the flat under the Bye-law No. 76(a) of the Society shall have a right to occupy the flat subject to the terms and conditions set out in the letter in the prescribed form under the said bye-law.

24. b. ASSOCIATE/NOMINAL MEMBER OCCUPYING THE FLAT

The Associate/Nominal Member may have a right to occupy the flat with the consent of the Member and written intimation to the Society, subject to the conditions set out by the General Body Meeting.

Bye-Law No. 41: Application for Flat Exchange by Society Members

The Members, desiring to exchange their flats, shall make a joint application to the Secretary of the Society, containing the following details:
a. The names of the Members concerned;
b. The distinctive numbers of their respective flats;
c. The carpet areas (in sq. metres), of their respective flats;
d. The building number/numbers or name/names of the building/buildings in which the respective flats are situated;
e. The reasons for the exchange of flats.

Bye-Law No. 122: Period & Notice for First MCM

122. a. PERIOD TO HOLD FIRST MANAGING COMMITTEE MEETING

The first meeting of the newly elected jointly with outgoing Committee shall be held within 30 days from the date of constitution of the new committee as per bye-law No. 117 and the provisions of Section 73AAA.

122. b. NOTICE OF FIRST MANAGING COMMITTEE MEETING

Subject to the provisions of the bye-law No. 121(a) the Secretary of the outgoing Committee shall issue notice of the first meeting to the Members of the newly elected Committee and the outgoing Committee thereof. On the failure of the Secretary of the outgoing Committee to convene the joint
meeting, the Chairman of the outgoing Committee shall call it. On the failure of both, the Registration Authority may call such a meeting. 

Bye-Law No. 125: Office Bearers & Tenure of Committee

125. a. ELECTING CHAIRMAN, SECRETARY & TREASURER

Every Committee, at its first meeting, after its election shall elect a Chairman, Secretary and Treasurer from amongst the Members of the Committee. 

125. b. 5 YEAR TENURE OF MANAGING COMMITTEE

The Officer of the Society shall hold office for the period of 5 years from the date on which he is elected to be the Chairman as the case may be the Secretary and Treasurer but not beyond the expiry of term of the Committee.  Provided that he shall cease to be the Officer, if the motion of No Confidence is moved in the special meeting of the Committee called and presided by the Registrar or such officer not below the rank of a Assistant Registrar upon the notice given by 1/3rd Members of the Committee and the motion of No confidence is passed by the 2/3rd Members present at such meeting, who are entitled to vote at the election of such Chairman, Secretary or Treasurer. Provided further that another motion of No Confidence shall not be brought against the Chairman or as the case may be the Secretary or Treasurer of the Society unless the period of 6 months has elapsed from the date of preceding motion of the No Confidence. 

Bye-Law No. 146.a.: Closing Every Financial Year within 45 Days

Within 45 days of the close of every co-operative year, the Secretary of the Society or any other person, authorised by the Committee in that behalf, shall finalise the accounts of the preceding co-operative year, prepare the Receipts and Payments Statement, the Income and Expenditure Statement for the said year and the Balance Sheet as at the close of the said year in the forms prescribed under Rule 62(i) of MCS Rules 1961 along with the list of Active Members and Non-Active Members as at the close of the preceding co-operative year, with amounts to their credit in the share capital account and deposits, if any, the schedules of investments, the debtors, the creditors, the furniture, the fixtures and the office equipments etc.

Bye-Law No. 110: General Body is the Final Authority

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.