The Maharashtra Cooperative Housing Society Bye-Laws

The Maharashtra Co-Operative Housing Society By-Laws. Full Text. Completely Searchable!

http://apartmentadda.com/bye-laws/maharashtra-cooperative-housing-society-bye-law-index.php

 

ALSO SEE:

The Maharashtra Apartment Ownership Act, 1970. Click Here.

The Maharashtra Co-Operative Societies Act, 1960. Click Here.

The Maharashtra Societies Registration Act, 1860. Click Here.

The Maharashtra Society Registration Rules, 1971. Click Here.

 

DISCLAIMER: This document is being furnished for your information and reference. It is part of an initiative by ADDA to provide in a consolidated way all the Apartment Owners Acts and Societies Acts of major cities in India, so it helps the Apartment Residents for reference. The content has been received from sources we believe to be reliable, and the content have not been independently verified by us, hence we make no warranty about the accuracy or completeness of these documents. Also ADDA does not assume any liability for any damage caused due to action taken or not taken on basis of these documents.

72 Comments

  1. i have 4000 sq.fit home in Hsg.Society under Cidco
    pls.conf me can i convert my hsg.soci plot into a apartment ? i want to develop the plot an sale the flats pls guide me

  2. =+=society can collect funds for repair again and again for same work?
    =+=society has under taken plastering N terrace worl in 1994, and from since then terrace is leaking, due to which i have to carry out ceiling plastering works, and society has spent approx. 2 lakhs for applying coats. Now the balance fund is over and again they want more funds for which they are passing resolution.
    =+=can committee forms sub-committee wing wise?
    =+=laws or sections for members against society, who is miss using members funds and damaging structure of building?
    =+= websites for Acts, laws n sections?

  3. MY NAME IS PRAKASH SUBHASH RULE . WE STAY ASHISH APARTMENT , VAIBHAV COLONY RAJIVNAGAR, NASIK SINCE 2002. WE ARE REGULAR MAINTANCE PAYER UPTO MAY 2011. BUT WE COMPLENT EVERY MEETING OF APARTMENT OUR FLAT LEAKGE BECAUSE MY FLAT UPON TERRCE . THIS TEREECE USE MR. PRAMOD KULKARNI SINCE 2002 & WE ALSO COMPLENT EVERY MEETING SINCE 2003 . BUT TILL LAST RAIN FALL OUR FLAT LEAKAGE . CAN WE LAUNCH COMPLENT AT NEAREST POLICE STATION IF NOT WHO IS REGULATOR?

  4. I understand that in case of Coop Housing Society Legal Consultant / Advocate should not be related to any Managing Committee member. Is my understanding correct? If yes according to which clause of the Act / ByeLaws.

  5. I need your help on note basis as, I any committee member can can take an action of dissolving the committee. And on what sections can they do this and if they can do what all sections can be used to avoid such drama that is all ready to set with 1 single shot of notice.

    I need your help on an urgent basis.

  6. I have a Bunglow in a co-op society in Mumbai.The Managing committe has recently started charging
    10% extra service charges as I am having a Paying Guest.As per the By-Laws this is applicable if the house is given on Leave and Licence bases and not as Paying Guest. Is the Society right in my case
    Please advise me what I should do.Thanking u in advance. B L G upta

  7. At the time of flat sale deed in Aug 2010, service tax was @2.75% Builder didn’t had a service tax no, so he couldn’t charged amount to us. However, as he got the service tax no in 2012. He is demanding the service tax amount with current rate 3.09%. Which tax is really applicable to us?

  8. I have a flat at first floor. The ground floor occupant has built a shed in front of his flat. So all the garbage and leaves of trees are accumulated on the roof of shed.
    I have complained to the society office a number of times, but no action has been taken to clean the garbage nor remove the shed.
    Request advise.

  9. I would like to know whether the Bye Laws approved by the Registrar of Cooperative Societies ,Pune are mandarory on all the housing cooperative Societies.Please elucidate.

  10. Sir, I am the president of housing society aparna Hights-2 kondapur,Hyderabad.we recently in a EOM agreed the rate of maintenance charges will be on common area sft. The society has 82 flats of 3 bhk of 1500-2315 sft and 12 flats of duplex type 3400-4600 sft.All have listed common area @ 20 percent of plinth area. The duplex flat owner says they will only pay on apportioning system on utilisation basis of services and not on common area.lot of facilities are created on common area it’s operation /maintenance/provision of services etc.Can you let me know what all we should do , lots of provisions are, our owners of duplex are not agreeing the provisions given AP housing act 1987.

  11. What is the statutory Audit of the housing Society?.Under which provision of Mah.Coop.Act 1960,Rules 1961 or Bye Laws, this is being done and who is the proper authority for doing this Audit? please guide me.

  12. In my society builder got extra fsi, he built 7 flats adjoing existing society. one of them i purchesd from builder, now society. commite members demand me. for transfer fee for the said flat. Rs 25000/ , as per byelaws of hsg so should i pay transfer fee ? or what i will do please guide me.

  13. I have a Question
    Is the Flat owners are allowed to keep Pets Like Dog & Cat Etc. in the Flats. If it is allowed Whether they can Carry These Pets Through the Elevators( Lifts)?

  14. Our builder is not interested in forming the Housing Society while all the flats in our building are sold, similarly there are other two buildings in our compound, flats of which are also sold out. only one building i.e. the fourth building where flats are balanced to be sold.
    we had approached the builder to get our buildings society registered but he is only giving a false promises and has done nothing in this direction, He has formally given us a permission to form a committee and look after the building affairs, but he is not doing anything for registration, he even went on to state that “SOCIETY REGISTRATION SHALL BE ON HIS SOLE WILL, IF HE DECIDES THEN ONLY THE SOCIETY CAN BE REGISTERED, HE EVEN CHALLENGED THE VISITING MEMBERS TO GO TO COURT”. The builder has already taken the money for formation of society and for other legal charges and it has been more than 3 years when we have booked and taken possession of the flats.
    Kindly advise.

  15. sir i have 2bhk and i want to change the entrance to my bed room and also want to take another entrance to bathroom from second bedroom. i am not going to touch any rcc or pillar or slab of the room. is it possoble or any objection raised by the society for such work

  16. Wanted to know more about sec 29 of Maharashtra cooperative housing society act.
    A hypothetical situation where A is the 1st owner, B is the 2nd & C is the 3rd.
    1) What if a person – A has bought a property in 2002, society is registered in 2008 but has issued a share certifcate to A dated june 2012 and then in JULY 2012 society endorsed B’s name in the share certificate as A sold the flat to B.
    2) Now B is intending to sell the flat to C can C buy it ? is it violation of section 29.? as in situation
    1) the share cert transfer is within a span of 1 month & 2) in 2nd situation the sale of flat is within 6 months of the earlier sale.

    What is the solution to the same?

  17. dear all,

    do not register your apartment owners association under the act 2001, because it is made for everything else except apartment. You must go for 1987 act to protect the flat owners interest, i f the builder refuses to go for association no problem 7 flat owners can form the association and submit the paper to the sub-registrar. never accept act 2001.

  18. The Secretary of our housing society in New Panvel has not called for a general body meeting during the last 6 years or so. He neither relinquishes his post also despite so many demands (orally by members). The accounts are also unaudited for last 4/5 years. Whom I can approach for making the Secretary comply with the rules of housing societies? Who is the RTI authority supervising the affairs of Coop. Housing Societies?

  19. Hello..We are having a flat in a co-operative houding society in Matunga(C.R.) Mumbai. The pillar of the main hall is damaged so we are planning to repair it. Can you please let me know if we can ask the society to bear the expenses as it is the main pillar connected to all the flats or we need to just take the permission from the society and pay our self. Kindly suggest.

    Thanks and Regards,
    Charmi

  20. I am staying in Pune in one of the housing society which has more than 70 members .
    The team of secretaries have decided to lock the common terrace all of a sudden without even informing or notifying in anyway to the society members. The verbal reason being told that, “Someone threw stone from the terrace which broke the glass of a car which was parked outside of the society”. Can it be a legal/valid reason for common terrace to be locked which was opened for last 11 years without a single such incident. Now when everyone is complaining about it. They (secretaries) are saying it is for the safety of the society members. Can anyone help urgently, how should this be handled?

    Thank You.

  21. accident may happen at any time. You can imagine inplace of car somebody’s head injures or somebody jumbs from the top!!!!

  22. whether an associate member can become a member of the managing committe or hold the post of a secreatary af any co-operative housing society or continue to be a member of managing committe or secreatary, after publication of co-operative manual which is applicable to housing socities since October 2011 in State of Maharashtra ?

  23. Can a coop hsg society charge extra maintaince charge from a doctor member who is doing medical practice in the residensial flat?

  24. Sir, by law minimum 60% of the residents can register a society. But what is the othe way to form a society if there is less are agreed? Which are not aggreed have the problem that they have not yet registered their purchase agreement in sub-register office as they have made the agreement in earlies 1991. But due to such people, we are not able to creat a society. Sir, please suggest us what should we do in this case?

  25. I am leaving in a society where common area is very small & other member use this area as a play ground it disturb other members. i want to know what should i do to stop this???????

  26. What is the rate at which the society can charge the owner of a flat non occupancy charges of a flat he has given on rent.

    Also the society has not charged the above mentioned non occupancy charges from the time the flat was purchased. Can they backdate the previous non occupancy charges to the owner now.

  27. I am Tax Consultant by Profession, i have bought a residential premises in a society on 1st floor, now using it as my office, society denies to transfer the share certificate in my name as i m using it as commercial purpose. as per society people they dont allow for commercial use whereas on the same floor a doctor’s runs his clinic from the many year i.e., right from formation of the society and dont reside there. Please Give me correct guide lines what to do, whether i can use this property or not.

  28. I am living at Nasik in Madhoor Residency at Gangapur Road, the Residency is built somewhere in 1999 is yet not converted ( registered) into co-op society though the registration charges are already recovered from the members.Kindly confirm whom to contact to get the justice and how/

    Regards

    Arun

  29. Has the Managing Committee Right to Collect FUNCTION Charges ( I.E : all festivals) COMPULSARLY from all Society MEMBERS?

  30. I need help,i have a open parking n right next to b parking is a very tall palm tree.Every three months i hv to complain to d society to ask someone to cut down the dry leaves n branches which they just ignore.can i file a case on d soc as becoz of the soc property my car is getting cdamaged everytime.they charge me a parking charges evrymonth too.plz let me knw wht to do on this.

    thanx

  31. Sir,
    I want housing society registration bylows and registration procedure so please help me and guidence.

    If you send me housing society bylows in my email address

    Thanking you

  32. i am member of houscing society in Kalyan. society can show any extra amount for puja expect mentenance in mentenance slip.

  33. I am the sole trustee of the legal heir. i.e. After my parents death my two elder brothers gave NOC procedure and the society has transferred the shares certificate on my name. I want to know one thing. One of my elder brother is staying in the abovesaid parent’s house and the society treasurer, chairman and secretary says that he is the tenant in that house whereas he is the legal heir of the house. Is this word tenant used is correct. Has he got right to attend the meetings, give complaints of staircase light not working, no water supply for past 3-4 days.
    Secondly, Can I ask for the defaulters list in the Society.

  34. I require your kind assistance on following matter.
    aa….whether associate member can take position in society and whether if member who has not atteneded last 5 agms can vote for society elections. Also can you advice me the byelaws for this particular thing.

  35. can we form register society without builders noc or occupation certificate. & Give me suggestion for
    formation of register society.

  36. We are having 15 flats in our apartment in Hyderabad and it is occupied in 2001. We have not registered bylaws, can we registered now? what is procedure and where to go?

    Since one year onwards Some of the Flat owners not paying monthly maintenance. How to take legal action on them?

    Kindly advice.

  37. Mr. Kumar never think of that as there are too many complications in trimming of trees, first of all you have to approach a local body (if in case you are in mumbai then its BMC) their garden department will examine the tree and will submit a report. There has to be a valid reason you cannot go on cutting or trimming trees just coz they shed leaves, there has to be logic for cutting or trimming, forget about cutting it can land you in jail for 14 years the offense is considered to be equal to IPC 302 which is for murder.

  38. My brother has gifted his flat to my son before 12 years .wehave paid stampduty and registration chgs, Society is not transfering flat in my son’s name .
    we are giving the flat to paying guests now .
    we are ready to pay NOC charges .
    why the socirty is not transfering the flat in my son’s name ?

  39. I possess a flat in a cooperative housing society. I have share certificate and allotment letter. I want to switch my home loan from AXIS Bank to SBI. The banker is asking me to provide Deed of Declaration. Society do not possess such certificate. Is it necessary to have Deed of Declaration after possessing Share Certificate ? Why ? Please answer me as early as possible.

  40. 1.A flat owner did not live in his flat but his sister is living in his flat without any live license agreement .Can society collect NON OCCUPANCY CHARGE or what action can society take.
    2.The same owner has carried out some renewation work in his flat without seeking permission for society even if it is written in the notice board at the gate ,” A member has to take permission from the society before starting the renewation work in his flat .Action will be taken against the member violating this rule”
    We have issuied a notice to him asking him to explain “Why action should not be taken against you for violating the rule framed by the society.”

  41. my name is mrs. mamta mainkar and i am staying in Panvel navi mumbai. me and my husband are joint member in our society. my husband is first member and i second. can i have rights to talk in society member meeting
    pls guide me/

  42. 1.Flat owner of Flat 09 in our society has carried out internal renewable works in his flat without seeking permission from society . Notice board at the gate of society building clearly states “Before carrying out any renewation work in the flat/shop member has to take permission of society.Necessary action will be taken who does not follow the rule.”
    Can society take any action against the member ?. If yes, under which rule of bye law?.
    2. owner of flat does not live in his flat but his sister use his flat with the permission of her brother .They did not intimated to the society.Can society levy NOC in the monthly maintenance bill.

    venkateshwar nagar co-op hsg. scty bldg. No.6 ltd.

  43. Is it compulsory for newly register cooperative housing society to open its bank account in district cooperative bank

  44. i live in a coperative society which was registered in 1997. now three different structures of the same society built on lands undertaken for development by builder are planning to get different registration numbers. is it possible without holding AGM and without discussing the balance sheet for the past two years?

  45. my grandmaa gifted me a office unit , around 3 years back still the matter of transferring unit is pending by the society they show new reasons every time we ask , they never reply us for any letters , society is just mentally harrassing us by not doing transfer past 3 yrs. we have already sent a letter to registrar but he is like i have some other imp work of goverment and he showed us other peoples case pending from oct 2012 .please help me what should i do . m really very tired of this !

  46. my buildning was constructed on 1997 registered on 2000 i had purchesed flat on 2010 would like to what will be my share contribution for major repair fund as per chs by laws.on basis of possesion

  47. We all society member are wish to change our Chairman, secretary and treasurer as the person who is on the post of treasurer is use very rough language with other society member. also demand payments in monthly maintenance bill as per their own decision with any meeting or approval with other society member, if we ask for accounts he refuse to reply, many times we complain in registrar office at Thane but no response from Thane even only three person doing miss-management of society collection money.

    Please guide us how we can go further and where we have to take action/application against those person who is used society rights for personal benefits.

  48. can a society be formed in a new re-developed building
    in juhu vile parle development society
    as old tenants have now become co-owners and the land belongs to owners as per J.V.P.D.S SOCIETY

    CAN YOU SUGGEST HOW CAN IT FORMED AND IT’S BYE-LAWS TO MAINTAIN THE BUILDING AND AREA WITHIN THE COMPOUND

  49. My father holds a flat in a hsg society – the share certificate is in his single name. As he is 83 yrs old, it is difficult for him to attend the general body meetings.Hence the secretary has suggested him to add me (his son) as an associate member so that I can attend the meetings in his place.
    For this, we are supposed to apply in a form along with Rs 100 fees,which we have already done.
    Now the society is asking us to submit a signed SHARE TRANSFER DEED to change the name on the Society’s Share Certificate from single name to joint names – my father being the first holder.
    But, my father is against this as it will amount to a sale – which will lead to a Capital Gain Tax.
    Kindly advise us what to do in such a situation.
    Thanks a lot!

  50. I am a member of a co.op hsg. society in Mumbai.
    Our qrtrly charges are Rs 4500/-
    I had rented out my flat to a outsider. The Managing Committee charged me Rs 450/- as Non Occupancy charges. Our service charge inclussive of the Com. elect.bill, watchman’s salary,legal expenses, accounting charges,insurance and sinking fund is around Rs.2000/-per qrtr. ie. NO charges should be Rs 200/-Per Qrtr. I requested the MC to refund my @Rs250/- per qrtr..Need you advice.

  51. In society formation, which are not the common charges for flat maintenance to be considered so that you there will be uniformity for 1, 2 & 3 BHK?

  52. Hi,

    I have one question & seeking answer for the same.
    I have disputs with society with regards to maintenance & they are showing my name as defaulter. The amount pending is towards the work done by society without inviting the tenders. I am fighting for that.
    Meanwhile I want to know, whether I can sell the flat? Will there be any issues? Can socity stop me from selling the flat?

    Whats the way out to sell the flat?

    Thanks,

  53. It is regarding election process in my coop hsg society.
    Can a person who proposes or seconds the name of a candidate, himself also contest the election as there are 7 members to be elected.

    Please clarify and indicate the rule no.

  54. Can some tell me if we took decision not to keep bachelaors as tenanats in the flats in first general meeting and bachelors are staying in flats without NOC
    Can we not remove them out with police help and society

    can some one guide me

  55. My flat was closed for more than 10 years. However, my soceity is sending full maintenance bill. I understand, I have to pay 10% of maintenance charges, as non occupation charges, as the flat is not occupied for more than 10 years. Kindly send me your guidence at my e-mail ID: gkr20@in.com

  56. Hi,
    Kindly suggest as iam the owner of 1bhk at kamothe iam paying an maintenance of 1150 pmin our soc we are also not being any proper maintenance recepit there are total 70 flats, kindly suggest for getting an maintenance recepit and the fund collected

  57. i masoo khan residence at anjani height co-op hsg mira bhayandar district thane maharashtra. i have own car steel parking.in the building .mostly child playing in the parking area.and he mostly scratched car .drop stone in petrol tank.and also suck petrol from petrol tank.mostly car or bike owner suffering this problem.but society never take any responsibility.
    i want to society .give me permission i want to cover my parking area with ms grill or net. but society do not give me permission.
    pls give me suggestion what is the society rule about parking space.i can covered or not.

  58. My flat is given on rent.Maintenance charges for all members Rs.500/-but for me Rs750/- I think it should be Rs.550/- as per law.IS correct or not? Whether should I registered complaint against society in PUNE Maharastra?

  59. i am owner of 1bhk our society registered with cidco in our society our commitee appoint one person for work this person do duplicate sign and widraw 1.5lakh cash and he went his native place pl guide me who r responsible for this amnt socity or comity

  60. Shekhar S Dandekar 201/A Nishith Coop. Hsg. Society Ltd., Next to Jadeja Hall. Nilegaon, Nallasopara, West , 401203. says:

    I am not paying any pooja collection since last 4 years. As such this year the working commitee has made it compulsory stating that if not paid the amount to be recovered through regular monthly maintenance bill as per their meeting held on 30-12-2012. In the monthly maintenance bill of Feb.2013 the amount of Puja advance of Rs. 400/- was included. I paid the maintenance bill excluding Puja advance. In the monthly maintenance bill of Mar.2013 the same amount of Rs.400/- was shown as Arrears. Is it compulsory or mandatory for paying Puja advance. Please reply.

  61. 1) i stay in ghatkopar west mum-86.
    i have flat on 2nd floor n above me staying has made their wc in there bathroom n there leakage is damanging my flat badly.i have been complianing in writing since two years to society but society has not taken any action so plzzz tell what can we do?
    2) society has decided to repair the building n they are demanding rs.70000 in very short period n we can not pay such amt in short period…so i wil like to know that in this two matters what are the bye laws of society related to this matters..

  62. I have a flat at ground floor. The main entrance is at south. The east side is outer side of the building and I would like to build/make another door there. My society rejets my application for this stating that this will look ugly. Kindly let me know who am I suppose to get the permeation and the law regards to that.

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