As a member of a housing society, an individual is expected to follow a certain code of conduct. Upon not adhering to these, several complaints can be raised on your Society management software. But, did you know that the model society bye-laws too list legal implications about how a member is to carry on the maintenance of flats of their own in a housing society?
Society Bye-laws number 46 to 50 mention the guidelines on how members of a housing society are supposed to take charge of maintenance of flats.
Society Bye-Law No. 46 – Flats to be kept clean
Every member shall keep the premises around the flat clean as part of maintenance of flats.
Society Bye-Law No. 47
A. Additions and alterations in a flat permissible with the Committee’s permission
No member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his flat.
B. Application for permission for Making additions and alterations in a flat
The member, desirous of making any additions to or alterations in his flat shall make an application to the Secretary of the society, giving all the required particulars. Further action on such application shall be taken by the Secretary and the Committee of the society as provided under the bye-law No. 65.
C. No structural changes are permissible, without the prior permission of the concerned Local Authority. Such changes shall be done under the supervision of the structural engineer from the panel of the local authority
Society Bye-Law No. 48 – Examination of flats and report about Repairs to Flats
A. For facilitating discharge of functions mentioned under the bye-law No. 156 by the Committee, every member shall allow the Secretary of the Society, accompanied by any other member of the Committee, to enter upon his flat with prior intimation to the member, to examine its condition for ascertaining the repairs if any, necessary. The Secretary of the society shall make a report to the Committee, indicating therein the particulars of the repairs to be carried out by the society at its cost and those by the members at their cost.
Notice to the member about carrying out repairs in his flat by the society at its cost
On receipt of such report, the committee shall ascertain the cost involved in the repairs, which are required to be carried out by the society at its cost as provided under the bye-law No. 160(a) and cause the notice to be served on the member for such period as the Committee thinks adequate, of its intention to carry out the repairs and thereupon the member concerned, shall allow the workmen engaged by the society directly or through its architect, access to his flat for carrying out the repairs. If the member concerned fails to give access to his flat, without reasonable and convincing reasons, the Secretary of the society shall have authority to enter upon the flat and carry out the work under the Supervision of the member of the Committee duly authorized by it in that behalf or the architect appointed by the society
B. Notice to the member for carrying out repairs to his flat at his cost.
In respect of the repairs to be carried out by the member at his cost, the Committee shall cause the notice to be served on the member, indicating therein, the particulars of repairs necessary at his flat and calling upon him to carry out the repairs to his flat to the satisfaction of the architect approved by the society, if any, at his cost, within such period as the Committee may allow. On his failure to comply with the notice, the Secretary of the Society or the architect appointed by the society shall have authority to enter upon the flat and cause the repairs to be carried out after giving due notice to the member concerned. The amount spent by the Society on such repairs shall be recoverable from the member concerned.
Society Bye-Law No. 49 – Restrictions on storing of certain 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.
Society Bye-Law No. 50
A. Not to do anything in a flat causing inconvenience, nuisance or annoyance to other members
No member shall do or suffer anything to be done in his flat 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.
B. Committee to take action on complaints about infringement of the bye-law No.50 (a)
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. 50(a) forthwith.
Adhering to these laws is vital for every housing society member and the maintenance of flats. Not doing so, can result in the worst case scenario of expulsion from the housing society.