Model Bye–Laws of Cooperative Housing Society
X. INCORPORATION, DUTIES AND POWERS OF THE SOCIETY (Bye Law No 72 to 84)
Bye Law No 72. Incorporation
The registration of the Society shall render it a body corporate by the name under which it is registered, with perpetual succession and common seal and with power to acquire, hold and dispose of the property, to enter into contracts and other legal proceedings and to do all such things as are necessary for the purpose for which it is constituted.
Bye Law No 73. Common Seal
The Common Seal of the Society shall be in the custody of the Secretary of the Society and shall be used under the authority by means of a resolution of the Committee on the Deeds of conveyance, share certificate or any other documents, to which the seal is affixed on behalf of the Society, shall be attested by the Chairman, the Secretary and one Member of the Committee, authorised by the Committee in that behalf along with their name and designation.
Bye Law No 74. Charge and set off in respect of Shares and interest of a Member of the Society
The Society shall have a charge on the shares and/or interest of a Member, present or past, in the capital/property of the Society and upon any dividend, bonus or profits, payable to a Member in respect of any charges due from such Member or past Member to the Society and may set off any sum credited by or payable to a Member, in or towards there payment of such charges, as provided under Section 46 of the Act.
Bye Law No 75(a) Flat purchased is deemed to have been allotted.
The Member, person/firm who had purchased the flat under an agreement under Section 4 of the Ownership Flats Act, or acquired interest in the flat on transfer of the same by existing Member with previous permission of the Society, shall be deemed to have been allotted the same flat by the Society subject to the terms and conditions set out in the letter of allotment in the prescribed form, including subsequent modifications made by the Society
Bye Law No 75(b) Policy for allotment of flats
The allotment of flats in the building/buildings of the Society shall be made to its Members on the basis of (i) the first come first served, (ii) full payment of the demands, made by the Society from time to time or (iii) by drawing lots as may be decided by the General Body Meeting. The Secretary of the Society shall issue letters of allotment of flats in the prescribed form to the respective Members and obtain confirmation letters from them
Bye Law No 75(c) Cancellation of allotment of flats
Where any Member fails to pay any calls made by the Society under the bye-law No. 74(a), within the time allowed to him by the committee the allotment of flat made in his favour, shall stand cancelled and the Secretary of the Society, under instructions from the Committee, shall inform the Member accordingly. Where such cancellation has been made, the flat may be allotted to other applicant approved by .the committee, if a Member, whose allotment is cancelled, makes payment of the calls and Committee at its meeting may consider the matter regarding re allotment of any other flat to him if it is available for allotment
Bye Law No 75(d) Handing over possession of flats
No Member shall be eligible to get possession of the flat allotted to him unless he has made full payment towards shares, cost of construction, repayment of the loan instalments, which have fallen due and/or any other charges demanded by the Society, under these bye-laws
Bye Law No 75(e) Change of user not permissible without the sanction of the Committee.
No Member of the Society shall use the flat / unit deemed to have been allotted to him under (a) above, for a purpose other than that mentioned in the letter of allotment, without the previous consent in writing of the Committee.
Bye Law No 76(a) Society to carry out Structural Audit
| i. | for buildings aged between 15 to 30 years: once in 5 years |
| ii. | for buildings aged more than 30 years: once in 3 years |
Bye Law No 76(b)
Such Structural Audit by Societies which are in Municipal Corporations limits shall be conducted by approved Engineers from the Corporations panel. In case of other Societies such structural audit shall be carried by the Govt. Approved Structural Engineers / Architect, and maintain record thereof
Bye Law No 76(c) Fire Audit
The Society shall undertake to carry out periodical Fire Audit of its property as per the State Fire Policy, and maintain record thereof
Bye Law No 76(d) Inspection of Lifts
The Society shall carry out periodical Inspection of Lifts / Elevators and maintain record thereof
Bye Law No 77. To obtain certificate of possession from the allottee
The committee shall, after getting occupation or completion certificate from the local authority, scrutinize the allotment register from time to time and issue instructions to the Secretary of the Society to hand over possession of flats to the respective Members who have complied with the provisions of the bye-law no. 17 / 19.
Bye Law No 78(a) Policy for allotment of parking slots
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.
