42 thoughts on “Model Bye Laws of Housing Co-operative Societies as per 97th Amendment

    • If member of housing society not staying is society and rented his flat , can be he member of committee ?

      • In my opinion owner has to be a resident to be in any committee.

        However he can cast his vote in election even if he is not residing in the society.

  1. You have been Prompt in replying to the queries for wh I congratulate you Mr. Yazdi.
    My query is…. Ours is an ASSOCIATION of 10 C00p Hsg Societies which was registered recently in Nov 12. There are not many Associations forward and hence there was no Model bye-laws as such and we had to make our own bye-laws with consultation from our Consultants.
    Now my query is – do we have to adopt the New Bye-laws for theAsso as well???? And if yes, then obviously all the provisions of CHS does not apply to Asso, since Asso is caretaker of general type and has many societies as its member who take care of their own societies.
    Kindly throw some light on the abv issues.?????????

    • I presume your Association is not a Registered Society, in which case neither the old nor the new rules would apply to you. It is just for the sake of convenience that you have adopted the old Bye-Laws. You can stay with them if you find them suitable.

  2. Are these byelaws ready to be adopted or are there any litigations against them?? As the 97th amendment is challenged, does it have any effect on these byelaws??

    • There are different views on this and the Maharashtra Government is going slow on the implementation of these bye-laws, as you can see in a related post.

    • It is constitutional compulsion on ourselves..so their is no any other way except accepting new model bye laws as per amendment.

  3. I am having flat in Pune. Our society is now charging area wise maintence charges ie Rs 2 per sq. ft for owers and for Rented flat Rs 3 per Sq feet. meand 50 % extra for rented flat
    My question is for rented flat what % of extra charges will society will take


  5. let me know government have approved the 97th amendment bylaw if yes, in which resolution or in which meeting passed the approval its urgent

  6. can society appoint redressal committee for grievance , further it is approved & pass in modern bylaws of 97th amendment.

  7. Im from kolkata n want to buy a coop flat but my husband has a gifted property in his name n same Municipal area,am i entitled to buy as its a gifted property?Or can my adult independent daughter buy even when her father owns property in his name?Pl suggest. Thank you.

  8. Regarding issue of Leakages in the Proposed Model By Laws 2013, what powers are vested with Managing Committee of Society, to relieve the suffering Member from severe Leakage of water from closed and unoccupied flat on the upper floor. Many of us are aware that in case of heavy smoke and fire in a closed flat, in situation that either entire family have gone out and have not given spare keys to his Neighbours, or even though their contact nos. are available with neighbours, but it may be not possible for them to reach immediately, then on reporting to Fire Brigade and on their arrival, they are en-powered to break open the door and extinguish the fire. Imagine a situation where there is heavy leakage of water from such closed flat and the whereabouts of the owner is not known to the society committee, or even though his whereabouts as well as Contact no.is known to the Society but still does to not cooperate and neither comes immediately to open his Flat nor send Keys of his Empty Flat to enable society committee/Hon. General Secy.to inspect the actual cause of leakage and take immediate steps to stop the Leakage. Mere mention of Cooperation with other Members, do not do any Act which could disturb or cause Nuisance to other members, proposed in the new By laws of Societies 2013 is very mild. Also in instant case of my, the upper floor member Shri Rupesh Shah has even built a Bathroom with Bath tub in the Balcony of his original Drawing room without consent of neither MCGM as well as that of Society, as required under relevant MCS Act. I had made complaint to MCGM about the same as well as to the Society.But no concrete Action has been by any of the Body/ Authorities. It is my sincere request to make strong provision in Proposed By Laws 2013 which are not yet approved by Commissioner Registrar of Cooperative Societies for such situation( not getting even Keys Of Empty Flat for attending Leakage complaint). If possible for anybody, kindly furnish E-mail Id of the concerned Authority where my Comments can be posted on proposed Bye Laws 2013..
    Milan Shah
    Mumbai 400008.

  9. Dear sir, Kindly clarify whether any notification regarding adopting amended new model bye-law for coperative housing socities are issued till date.

  10. Sir, Kindly clarify, whether recent amendment to the Bye law of Maharashtra Housing Co-operative Society has been passed and notification under the Gazette are issued.

  11. dear sir,
    i have a shop owner in a co-operative housing society in Pune. originally when i had procured the shop there was a water tap connection inside the shop but no facility of a drainage any where from the shop.
    since i was not aware of the situation i took out a drain from the shop which can be easily connected viz a pipe into the drain chamber behind the back wall of my shop,which is of no hindrance to any structural part of the society premises.
    the committee has stopped my work and asked me to give a letter.
    can they stop me from allowing to have a drain connection. because i cannot use the water for any of my business purpose without proper drain facility
    kindly let me know what are my options in order to achieve my purpose.

  12. On death of a member of Co-operative housing Sciety, the flat is transferred in name of nominee. Whether the nominee can appoint an ASSOCIATE MEMBER ?

  13. As per suggested Bye laws of Tamil Nadu Registrar of cooperative society is there a rule that all Executove committee members of a housing complex have to be residents in that complex?

  14. Salary cash was stolen from our security guard while bringing the cash from the bank. .who is responsible. ..security guard or treasure or secretary or the full committee members..pls reply

  15. Have the Maharashtra housing society New Bye-laws 2014 been passed in ASSEMBLY & announced in Govt. Gazzette?
    Official confirmation reauired.

  16. I stay in a co-operative society, and I have started a homestay business, i wanted to know whether i need to obtain permission from the society to start homestay business.

    i happen to read an article on mid day that

    According to the state government’s 2001 amended society by-laws, a person doesn’t even require a No Objection Certificate (NOC) from the society to rent an apartment. The society has no right to interfere with the renting out of a flat to any individual, if the owner of the flat has given his consent,” clarified Sampat.

    – See more at: http://www.mid-day.com/articles/tenants-at-the-mercy-of-society-members/146512

  17. hey, I have a cousin who is staying in my flat. I too visit my flat quite often (once in a month)as I live in another city(Mumbai).
    Now the society is demanding that I pay tenant charges which is double the normal amount as only blood relatives can be deemed as family. can you please help as how I can approach this with them~

  18. Sir, In the managing committee, if there is no SC/ST/OBC/ or any other reserve category candidate available then general category member can fill that quota? or kept as vacated till the complete period ?
    our problem is that, we have to elect 11 members in managing committee including 1ST,1SC,1OBC, 2 Ladies and 6 general category but we don’t have SC/ST/OBC member in our society, can we fill that 3 seats by general category? what bye-law is permitting us to make 6 general seat to 9 general seats in managing committee ?

  19. Are the bya laws are applicable for the Plot ( Land ) owners society . If the society has no problem in working with present bya laws , can the new bye laws be imposed on society ?

  20. model bye law is effective only if thefear of effectivesteps is there. in many societies a group is formed to exploit the other members of the society.the office bearers of the society know that there is no staffto look into the grevances of the members. as 21% is levied as interest for default similarly there must be penalty on the working committee if they do not attend to the complaints .
    in my society at bolinj regn no 3279/89-90 dt 5/4/1990, they are interested in making their own laws, offences committed are as under a) bogus billing b) misappropriation of funds c) filing false p& l account as well as balance sheet d) complant not attended for more than six months for ceiling and parapet repairs being terrace flat.e) non members enjoying the post of secretary and treasurer as well as working committee f) for last 25 years and more govt audit not done. g) conveyance not registeted h) transfer of names .not done so that competent member does not join the committee and many other breaches of modern bye laws.
    kindly acknowledge my complalnt at the earliest. ahm at bolinj d/215 damodar chsl, boleshwari road bolinj 401303

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