Tag Archives: Housing Society Bye Law

Bye Laws for Housing Society in Maharashtra

MODEL BYE LAWS OF COOPERATIVE HOUSING SOCIETY

MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY

(a) The name of the society shall be……………………………….. Name of the Society

(b) The society shall follow the procedure laid down under Section 15 of the Act and Rule 14 of the Rules for the change of its name. Procedure for changing the name.

(c) The society is classified under major class “Housing” with sub-class Tenant Co-partnership Housing Society.” Classification.

Address of the society.

2. (a) (i) The registered address of the society shall be as under:

(ii) Address for Correspondence (as decided by the Managing Committee)

(b) Any change in the registered address of the society shall be intimated by it to the Registering Authority and all others concerned within 30 days of such change.

(c) Any change in the registered address of the society shall be made after following the procedure laid down in Rules. Procedure for changing the address of the Society.

(d) The society shall exhibit at a conspicuous place at the main entrance of the building, a Board indicating its name. Registration number and the registered address. Exhibition of Name Board.

II. INTERPRETATIONS

(i) ‘Act’ means the Maharashtra Co-operative Societies Act; (MCS Act) 1960.

(ii) Bye-laws’ means by-laws consistent with Act and registered under this Act for the time being in force and includes registered amendments of such bye-laws.

(iii) ‘Chief Promoter’ means the person who is elected by the Promoters, in their first meeting, or in their subsequent meetings in case the post of the Chief Promoter lies vacant, till the first general meeting.

(iv) “Committee” means the Committee of management or board of directors or the governing body or other directing body of a cooperative Housing society, by whatever name called, to which the management of the affairs of a society is entrusted and vested under section 73 of the Act

(v) ‘—– Days’ Clear Notice means the number of calendar days intervening between the day of posting the notice and the day of the meeting.

(vi) Flat’ means a separate and self contained set of premises used or intended to be used for residence, or office, or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, or coaching classes, or palnaghar, beauty parlour, the premises forming part of a building and includes an apartment.

(Vii) ‘Housing Federation’ means the federation of cooperative housing societies, registered and notified under the Act.

(viii) ‘Ownership Flats Act’ means the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act. 1963.

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omplaint Against Housing Society or RWA

How To Register Complaint Against Housing Society or RWA?

How To Register Complaint Against Housing Society or RWA?

Modern-day living is driven by community support and hence, in a housing society, Resident Welfare Associations or RWAs have become inevitable. It seeks to simplify housing complex level issues. Here’s why RWAs today are almost your saving grace:

  • Planning, improving and ensuring better living standards
  • Empowering residents to identify areas of conflict while coming up with solutions
  • Effective fund utilisation
  • Addressing common issues in a practical manner
  • Ease of communication

But what can you do if you are not happy with the way your RWA is functioning?

RWAs can be difficult to deal with if not competent. It turns out to be more of a harassment than help. An RWA or the Apartment Owners Association can be sued by any of the members or group of members. If you see a diversion or conflict of interest with respect to the byelaws of this association, a meeting should be held discussing issues in this regard.

Most RWAs prepare for such incidents and therefore, the byelaws may contain information about how and to whom should issues be directed to in the first place. All appeals against the decision of the Managing Committee is usually escalated to the General Body of the Association. The appeal is given to the Secretary in writing and the same is placed before the General Body. The decision of the General Body shall be final and will be communicated to the member concerned in writing.

If problems persist, residents can approach the Registrar of Societies which has the right to cancel the registration of the association. As a last resort, residents can move the court of law as well. These day various residents have been resorting to online forums to bring issues of concern to the fore.

Similarly, even when the Association is dissolved due to any reason, the course of action thereon is usually pre-decided especially with regard to liabilities, left-over properties/ assets etc.

Provisions under Societies Registration Act 1860 lays down the following:

“Every society registered under this Act may sue or be sued in the name of President, Chairman, or Principal Secretary, or trustees, as shall be determined by the rules and regulations of the society and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion.”

What makes RWAs mandatory

RWAs are non-political and non-sectarian which makes it the best channel to take up issues that are affecting the residents of the apartment complex and giving it a voice whenever and wherever needed. All RWAs need to be registered and come under a specific jurisdiction which makes it liable to punishment/penalty in case of defaults or lawlessness.

In short, RWAs usually take up addressing each and every aspect of your community life- promote friendly relations amongst residents, ensure availability of civic amenities like water, sanitation, maintenance of roads, parks, street lighting, take up issues related to enforcement of prohibition of causes like drug abuse, procurement of funds for donations or subscriptions, welfare activities such as cooperative medical stores, medical/educational camps, employ help such as carpenters, plumbers, electricians and fix remuneration, promote non-political legal issues of residents and most of all ensure safety and security of residents besides many social, philanthropic activities. RWA’s can also collaborate with urban local bodies (ULB) to implement the priority projects through ULBs’ funds or through the Councilor /MLA/MP funds.

Therefore, it makes sense to have an effective RWA.

Source: Proertytiger (Link)

Annual General Meeting Housing Society AGM

How To Conduct AGM of Housing Society In Maharashtra

How To Conduct AGM of Housing Society In Maharashtra
The bye-laws in Maharashtra prescribe rules for the deadline for holding AGMs, the quorum for such meetings and the business that can be transacted, as well as penalties for members who fail to attend

Every housing society has to adopt bye-laws, for its management and administration. The government of Maharashtra has provided model bye-laws, which can be adopted with or without changes by societies. These bye-laws also cover the rules pertaining to annual general body meetings of the societies.

Time limit for holding the AGM and minimum notice period

As per the model bye-laws for cooperative housing societies in Maharashtra, every housing society has to hold an annual general meeting (AGM) of the society, every year, before 30th September. It is the responsibility of the committee of the housing society, to ensure that the AGM is held within the prescribed period. The notice for convening the AGM, has to be signed by the secretary of the society. The AGM of the society cannot be convened unless a notice of 14 days is given to the members. While computing the 14 days, the date on which the notice is issued and the date of the meeting shall be excluded. Once an AGM is called, it cannot be treated as invalid, unless an order declaring the meeting as such is passed by the cooperative court.

Quorum for AGM

For conducting the business at the AGM, the law stipulates that a minimum number of members need to be present, called the ‘quorum’ of the meeting. A minimum of two-thirds of the total number of members, subject to a maximum of 20, should be present to constitute the quorum for the AGM. Consequently, small societies sometimes find it difficult to ensure the quorum. For big societies, even a small proportion of the total members may add up to 20 members being present in the meeting and constitute a quorum. In case the required quorum is not present within half an hour of the appointed time, the meeting shall be adjourned to a later hour on the same day or to a subsequent date which cannot be earlier than seven days and not later than 30 days from the original date of the AGM. At the adjourned meeting, there is no requirement to have a quorum. However, the mere attendance of one person at the adjourned meeting, shall still not constitute a meeting and therefore, a minimum of two members have to be present even at the adjourned meeting.

Business to be transacted at the AGM

“The main purpose of the AGM of a society, is to adopt and approve the annual accounts of the society by the members and to receive an annual report of the affairs of the society. The auditors of the society are also appointed at the AGM. In addition to the above business, the AGM can take up any other matter, even if the same is not included in the notice.”

However, the members cannot take up any of the following business at the AGM, unless proper notice has been given:

  1. Expulsion of members of the society
  2. Amendment of the bye-laws of the society
  3. Bifurcation, amalgamation, or division of the society
  4. Transfer of property of the society

If the business on the agenda of the general meeting of the society is only partly transacted, then, the meeting can be postponed to any other date decided by the members present in the meeting, which should not be later than 30 days from the original AGM.

What happens if a member does not attend the AGM

If a member does not attend a single general meeting in five years, without the consent of the general body of the society, then s/he will become a non-active member. A non-active member, who does not attend even a single meeting in the next five years becomes liable for expulsion from the society. Moreover, a non-active member does not have the right to participate in the business of the AGM.

Source: Housing.com (Link)