Housing Society Bye-laws and Member Rights

Last Updated at: April 01, 2020
9554
Housing Society Bye-laws and Member Rights

 

Owing to the delay in finalizing the housing cooperative society rules and regulations, the election is postponed until April 30, 2020.

Introduction

All of us are very busy with our day to day works due to time constraints and mostly we do not have time to attend the housing society meetings, especially if petty issues are on the agenda. Checking out whether the water pump needs repair or when the funds need to be used is monotonous task and boring. At the same time, it is also important to attend these meetings and to know the housing society rules that apply to our society. In this blog, let us get to know the co-operative housing society rules for members, bye laws of society in detail.

The laws

Knowing the rules is very essential because the house is the biggest asset and we need to know how to manage the housing society bye laws. The positions in a managing committee are also honorary, so those who occupy them aren’t even compensated. It is possible that the members to be uninvolved, inept or, in the worst-case fraudsters. Yet it is the committee that works out how much we pay as maintenance fees, gives No Objection Certificate (NOC) if we want to rent out the flat and to decide what amount to be charged for the transfer of interest in an apartment, with this report we can understand what rights exactly is conferred as a member of a co-operative, the procedures that are to be followed.

Talk to our Legal Experts

Housing society bye laws

The activities, powers and functions of the Society and its members are all governed by a set of rules. All these housing society rules and regulations and the housing society bye laws must adhere to the Co-operative act or other laws in force in that region. A Society may frame its own bye-laws but these by laws of society must not contradict the Societies Registration Act of the concerned state. In most cases, though societies use the model bye-laws that are provided, coupled with the provisions of the Housing Societies and Rules act. Amendments to these bylaws of society are passed from time to time. The housing societies bye laws are very flexible as they are amended often as per the need and convenience of the members.

Rights of a member

Right to inspect

Being a member you are free to inspect and also at free of cost the society’s books of accounts during the hours mentioned in the bye-laws. The rights of the members are to view the annual balance sheet, profit and loss account and all the books in which transactions of the societies are mentioned.

The members have the right to demand a copy of the same if it requires to be scrutinized by the external auditor. An application by a single member alleging mismanagement of funds is enough to begin an enquiry.

Right to vote

Each unit of the housing society or the owner or his authorised agent has the right to vote in an election. For example, if there is a couple and the wife owns a separate flat in the apartment then the wife will also have the right to vote. It is not one family one vote it is the number of houses and not the family, even the defaulters have the right to vote.

Right to minutes of the meeting

There are three types of meeting, namely the Annual General Meeting(AGM), Special General Body Meeting, and the third is a meeting of only the managing committee members. In all three cases, the minutes of the meeting are recorded. If you have missed the meeting or wish to know what exactly took place during the meeting you can ask for minutes and similarly, you can ask for the bye-laws.

Registration of Housing Society

A housing society is the perfect fit for a residential building as flat-owners have common needs like maintenance etc. Taking interest to build society is the best, the builder also is statutorily obligated to form a co-operative housing society, it is not necessary that we must wait for the builder to form a society, Seven flat owners are enough to promote a co-operative housing society.

A building without a housing society usually indicates generally that there is a lack of interest or a dispute between them if we are buying a flat where there is no society the problem must be found out.

One of the famous bye laws of cooperative housing society is Maharashtra’s bye-laws. The cooperative housing society bye-laws PDF can be viewed or downloaded by clicking this link.

How to form an Apartment Association?

In order to form an apartment association, the owners of the particular flat must register themselves as a society.

Therefore, each housing society has a share capital which will include equal paying of it by all the residents, bye-laws may also be amended by a resolution of its general body. All such amendments need to be approved by the registered, these are the laws and the rights of the members of the housing society.           

0

Housing Society Bye-laws and Member Rights

9554

 

Owing to the delay in finalizing the housing cooperative society rules and regulations, the election is postponed until April 30, 2020.

Introduction

All of us are very busy with our day to day works due to time constraints and mostly we do not have time to attend the housing society meetings, especially if petty issues are on the agenda. Checking out whether the water pump needs repair or when the funds need to be used is monotonous task and boring. At the same time, it is also important to attend these meetings and to know the housing society rules that apply to our society. In this blog, let us get to know the co-operative housing society rules for members, bye laws of society in detail.

The laws

Knowing the rules is very essential because the house is the biggest asset and we need to know how to manage the housing society bye laws. The positions in a managing committee are also honorary, so those who occupy them aren’t even compensated. It is possible that the members to be uninvolved, inept or, in the worst-case fraudsters. Yet it is the committee that works out how much we pay as maintenance fees, gives No Objection Certificate (NOC) if we want to rent out the flat and to decide what amount to be charged for the transfer of interest in an apartment, with this report we can understand what rights exactly is conferred as a member of a co-operative, the procedures that are to be followed.

Talk to our Legal Experts

Housing society bye laws

The activities, powers and functions of the Society and its members are all governed by a set of rules. All these housing society rules and regulations and the housing society bye laws must adhere to the Co-operative act or other laws in force in that region. A Society may frame its own bye-laws but these by laws of society must not contradict the Societies Registration Act of the concerned state. In most cases, though societies use the model bye-laws that are provided, coupled with the provisions of the Housing Societies and Rules act. Amendments to these bylaws of society are passed from time to time. The housing societies bye laws are very flexible as they are amended often as per the need and convenience of the members.

Rights of a member

Right to inspect

Being a member you are free to inspect and also at free of cost the society’s books of accounts during the hours mentioned in the bye-laws. The rights of the members are to view the annual balance sheet, profit and loss account and all the books in which transactions of the societies are mentioned.

The members have the right to demand a copy of the same if it requires to be scrutinized by the external auditor. An application by a single member alleging mismanagement of funds is enough to begin an enquiry.

Right to vote

Each unit of the housing society or the owner or his authorised agent has the right to vote in an election. For example, if there is a couple and the wife owns a separate flat in the apartment then the wife will also have the right to vote. It is not one family one vote it is the number of houses and not the family, even the defaulters have the right to vote.

Right to minutes of the meeting

There are three types of meeting, namely the Annual General Meeting(AGM), Special General Body Meeting, and the third is a meeting of only the managing committee members. In all three cases, the minutes of the meeting are recorded. If you have missed the meeting or wish to know what exactly took place during the meeting you can ask for minutes and similarly, you can ask for the bye-laws.

Registration of Housing Society

A housing society is the perfect fit for a residential building as flat-owners have common needs like maintenance etc. Taking interest to build society is the best, the builder also is statutorily obligated to form a co-operative housing society, it is not necessary that we must wait for the builder to form a society, Seven flat owners are enough to promote a co-operative housing society.

A building without a housing society usually indicates generally that there is a lack of interest or a dispute between them if we are buying a flat where there is no society the problem must be found out.

One of the famous bye laws of cooperative housing society is Maharashtra’s bye-laws. The cooperative housing society bye-laws PDF can be viewed or downloaded by clicking this link.

How to form an Apartment Association?

In order to form an apartment association, the owners of the particular flat must register themselves as a society.

Therefore, each housing society has a share capital which will include equal paying of it by all the residents, bye-laws may also be amended by a resolution of its general body. All such amendments need to be approved by the registered, these are the laws and the rights of the members of the housing society.           

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