By Legal Cell
A. Flats to be kept clean , Bye Law No 45
Every Member shall keep his flat / unit in good maintenance.
B. Additions & alterations in the flat permissible with the committee’s permission, Bye Law No 46(a)
No Member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his flat.
C. Application for permission for Making additions and alterations in a flat, Bye Law No 46(b)
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.
Bye Law No 46(c)
No structural changes are permissible, without the prior permission of the concerned competent authority.
D. Examination of flats and report about
Repairs to Flats , Bye Law No 47(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.
Bye Law No 47(b) 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 there-upon 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 authorised by it in that behalf or the architect appointed by the Society.
Bye Law No 47(c) 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.
E. Restrictions on storing of certain goods, Bye Law No 48.
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.
Bye Law No 48(a) Not to do anything causing inconvenience, to other Members
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.
Bye Law No 48(b) Committee to take action on 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.
F. Grounds on which a Member could be expelled Bye Law No 49.
A Member may be expelled from the. Membership of the Society, if such a Member
- has persistently failed to pay the charges due to the Society,
- has willfully deceived the Society by giving false information,
- has used his flat for immoral purposes or
misused it for illegal purposes habitually,
- has been in the habit of committing breaches of any of the provisions of the byelaws of the Society, which, in the opinion of the Committee, . are of serious nature,
- has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the
- A Non-Active Member who does not attend at least one meeting of the general body in next five years from the date of classification as Non Active Member.
Bye Law No 50(a) Procedure for expulsion of a Member
The cases of expulsion from the Membership of the Society shall be dealt with in the manner provided under Section 35 of the Act, read with Rule 28 and 29 of MSCS Rules.
Bye Law No 50(b) Forfeiture of shares of the expelled member
Expulsion from Membership may involve forfeiture of the shares held by the Member. Where the Committee decides that expulsions from Membership should also involve forfeiture of the shares, it shall make necessary reference to the proposed forfeiture of the shares in the notice to be issued under Rule 29 of the Rules.
Bye Law No 51. Effect of expulsion on membership of the society
The Member, duly expelled from Membership of the Society, shall cease to be the Member of the Society, with effect from the date on which the resolution of expulsion from the Membership of the Society is approved by the Registering Authority’. The forfeiture of shares may take effect simultaneously with expulsion. Handing over vacant possession of the flat by the expelled Member.
Bye Law No 52. Handling over vacant possession of the flat by the expelled member
The Member, who has been duly expelled from the Membership of the Society, shall not be entitled to continue in occupation of his flat and he shall arrange to hand over peaceful and vacant possession of his flat to the Secretary of the Society, within such period as the Committee may allow. On his failure to do so, he shall be liable to be evicted from his flat. Acquisition of the Shares and interest of the expelled Member.
Bye Law No 53. Acquisition of the shares and interest of the expelled member
If the meeting of the general body of the Society has decided not to forfeit the shares, the interest of the expelled Member in the capital/ property of the Society and the value thereof shall be acquired by the Society and the value thereof shall be paid to the expelled Member, within 3 months of his handing over possession of his flat or his eviction from it, after following the procedure as laid down under the bye-law No. 66 in respect of payment of the value of the shares and interest in the capital/property of the Society acquired by the Society.
Bye Law No 54. Eligibility of the expelled Member for re-admission
No Member of the Society, who has been expelled from its Membership, shall be eligible for readmission to Membership in the Society, until expiry of the period of one year from the date of his expulsion, provided that on the recommendations of the meetings of the general body of the Society, the expelled Member may be re admitted to its Membership, as a special case before the expiry of the period of one year, with the prior permission of the Registering Authority
Circumstances under which a person ceases to be a Member, Bye Law No 55. The person shall cease to be the Member of the Society:
-
- On his resignation from Membership of the Society having been accepted by the
- On transfer of all his shares and interest in the capital/property of the
- On his
- On his expulsion from the Membership of the
- On being adjudged as an insolvent or legally disabled from continuing as
- If the whereabouts of the Member are not known for continuous seven years and if his shares & interest in the property/capital of the Society is not claimed by anybody
- On cessation of right/title & interest of a Member in the property of the Society, by way of legal attachment or
- Any transfer if void as provided under bye law number 38 (d)
The Committee shall take further action in the matter as indicated in the bye-law No.61.
Bye Law No 56. Circumstances under which the person shall cease to be Associate Member
The person shall cease to be the Associate Member of the Society, when the Member, whose name stands first, ceases to be the Member of the Society or on the death of the Associate Member or on the acceptance of the resignation of the Associate Member by the Committee,
However the associate member shall not cease to be Associate Member when the First Member ceases to be the member of the society if Associate Member holds title and interest in the property jointly with the member.
The Committee shall take further action in the matter as indicated in the Bye-law No. 62.
Bye Law No 57. Circumstances under which the person occupying the flat onbehalf of the firm / company ceases to be the nominal Member
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:
- On his
- On the acceptance of his resignation by the
- On cessation of Membership of the original Member on whose behalf he occupies the flat in the
- On cessation of his nomination on account of expulsion of the original Member.
- On intimation from the original Member of termination of the occupants
The Committee shall take further action in the matter as indicated in the bye-law No.58.
Bye Law No 58.Circumstances under which a Sub lettee, licensee, caretaker ceases to be the nominal Member
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:
- On his
- On his resignation having been accepted by the
- On the cessation of the Membership of the original
- 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
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. 58.
Bye Law No 59. Action by the Committee on cases of cessation of Membership of the Society
The Committee shall record the facts of cessation of Members Membership of the Society under the bye-law No. 55 and of Associate and Nominal Member’s Membership respectively under the bye-laws Nos. 56, 57 and 58, in the Minutes of its Meetings and accordingly the Secretary of the Society shall inform the concerned Members in writing within 7 days of the dates of such decision of the committee.
H. Holding of multiple flats by Member ,
Bye Law No 60.
Individual Member of the Society may hold more than one flat, in the building/s of the
Society in his name or in the name of any of the Members of his family subject to the conditions as provided under the provisions of Section 6 of the “Act”.
I. Liability of the Past and Deceased Member , Bye Law No 62.
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.
J. Sharing of the Society’s Charges by the Members , Bye Law No 67(a)
Member must pay the shared charges by the society :
- Property taxes: As fixed by the Local
Authority
- Water Charges: On the basis of total
number and size of inlets provided in each flat.
- 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.
- 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
- Sinking Fund: As provided under the Bye-law 13(c).
- Service Charges: Equally divided by number of flats / units.
- Parking Charges: At the rate fixed by the General Body of the Society at its meeting under the bye-law 84/85.
- Interest on the delayed payment of Charges: At the rate fixed under the bye-law 72 to be recovered from the defaulter Member.
- Repayment of the installment of the loan and interest: The amount of each – installment with interest fixed by the financing agency
- Non-occupancy charges: At the rate fixed under the bye-law No. 43(b)(iii).
- 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
- Lease Rent: The built up area of each flat / unit.
- Non-Agricultural tax: The built up area of each flat / unit
- Education & Training Fund: 10 per Flat/unit per month.
- Election Fund: Equally by the Members and as prescribed by the Election Authority in the Rules
- Any other charges: As may be decided by the General Body Meeting of the Society
K. Payment of the Society’s Charges , Bye Law No 69.
The Secretary of the Society, shall prepare bill/demand notice in respect of the charges of the Society payable by Members on the basis of the bye-law No. 70 (a) and issue the same to all the Members on or before the date fixed by the Committee in that behalf. Every Member of the Society shall pay the amount mentioned in the bill /demand notice in full within such period as may be fixed by the Committee.
L. Adhere to Policy for allotment of parking slots Bye Law No 78(a)
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
Bye Law No 78(b)
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.
Bye Law No 78(c) Restriction of Parking Slots
No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society
Bye Law No 79. Marking of 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 80. Eligibility for allotment of parking slots
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. If more eligible Members and less Parking 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 82. Applications for allotment of parking slot
The Member, desiring to have parking slot, may make an application to the Secretary of the Society giving necessary details. The procedure laid down under the bye-law No. 64 for disposal of applications, shall be followed by the Secretary and the Committee of the Society.
Bye Law No 83. Payment of charges for parking of vehicles
Every Member shall pay the for parking charges for the number of slots allotted to him
/ her at such rate as may be decided by the General Body of the Society at its meeting, irrespective of the fact whether he actually parks his vehicle or not.
Bye Law No 84. Parking of other vehicles Every Member, having a scooter, a motor cycle, or an autorickshaw shall obtain prior permission of the Committee for parking his vehicle in the compound of the Society and pay the charges fixed by the General Body of the Society at its meeting.
M. One member One vote. Decision by Majority , Bye Law No 134.
Every Member of the Committee shall have one vote. However in case of equality of votes the chairman of the meeting will have a second or casting vote. All decisions shall be taken by majority of vote.
N. Restriction on Playing Games by Children, Bye Law No 168.
The meeting of the General Body of the Society may, after taking into consideration the location of the building or buildings of the Society and their surroundings and the open space available for playing games by the Members of the Society and their children, allow such games to be played during such hours as may be fixed by the meeting of the General Body of the Society and subject to such restrictions, charges and penalties as it may impose.
O. Penalties for encroachment of common spaces, Bye Law No 169(a)
All open /common area meant for use of all Members for eg. staircase, steps, landing areas, parking spaces, lift, corridor, and such other spaces, cannot be occupied by any Member for his own use. The use of such areas shall be restricted to the cause for which these are meant. Any Member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further Members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the Society and Concerned Municipal Authorities / Competent Authorities. Also Members must use the flat /unit for purpose it was meant/sanctioned.
Any Member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.
- Temporary use of the Terrace/Open Space by any Member , Bye Law No 170. Notwithstanding the provisions under the bye- law 168, the Committee may allow temporary use of the terrace or available open space of the Society’s building by any Member, on his written application, for any function, subject to such restrictions and on payment of such charges to the Society as the meeting of the General Body of the Society may decide. The committee may, with the previous permission of the Local Authority, if needed, allow exhibition of advertisement boards on any part of the building including terrace, on such terms and conditions as are approved by the General Body Meeting any Member /Members want to install a solar energy water heating systems or solar energy electrical system, then space shall be made available to such Member/Members on the terrace as per availability.
The said systems may include
- Solar collector stand, hot water tank, cold water tank, stand for the tank and hot water pipeline etc,
- Solar Panels, battery, inverter charging controller, cabling for solar energy / electricity / photo voltaic devices / renewable energy devices If any application requesting to provide space for solar / renewable energy / energy efficiency devices is received, then it shall be binding on the Society to allocate space thereof as per the availability of the space in the Society’s premise.
