Model Bye–Laws of Cooperative Housing Society
IX. LEVY OF CHARGES OF THE SOCIETY (Bye Law No 65 to 71)
Bye Law No 65. Composition of the Charges of the Society
The contribution to be collected from the Members of the Society, towards outgoing and establishment of its funds, referred to in these bye-laws as 'the charges' may be in relation to the following : (i) Property Taxes, (ii) Water Charges, (iii) Common Electricity Charges, (iv) Contribution to Repairs and Maintenance Fund, (v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift. (vi) Contribution to the Sinking Fund, (vii) Service Charges, (Viii) Car Parking Charges, (ix) Interest on the defaulted charges, (x) Repayment of the installment of the loan and interest, (xi) Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Nonagricultural tax. (xv) Education and Training Fund (xvi) Election Fund (xvii) Any Other Charges.
Bye Law No 66. Break-up of Service Charges of the Society.
The Service charges of the Society referred to at 64 (vii) above shall include the following:
| a. | Salaries of the office staff, liftmen, watchmen, malis and any other employees of the Society. |
| b. | Where the Society has independent Office, the property taxes, electricity charges, water charges etc. for the same. |
| c. | Printing, Stationery and Postage, |
| d. | Travelling Allowance and conveyance charges to the staff and the Members of the Committee of the Society. |
| e. | Sitting fees paid to the Members of the Committee of the Society |
| f. | Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd. |
| g. | Annual Subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated. |
| h. | Entrance fees for affiliation to the Housing Federation and any other cooperative institution. |
| i. | Audit Fees for internal, Statutory and reaudit, if any. |
| j. | Expenses incurred at meetings of the general body, the Committee an the Sub-Committee, if any |
| k. | Retainer fees, legal charges, statutory enquiry fees. |
| l. | Common electricity charges. |
| m. | Any other charges approved by the General Body at its Meeting. However such charges should not contradict the provisions of the Act, Rules and Bye-laws of the Society. |
Bye Law No 67(a) Sharing of the Society's Charges by the Members
The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:
| i. | Property taxes: As fixed by the Local Authority |
| ii. | Water Charges: On the basis of total number and size of inlets provided in each flat. |
| iii. | 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. |
| iv. | 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 not. |
| v. | Sinking Fund: As provided under the Bye-law No. 13(c). |
| vi. | Service Charges: Equally divided by number of flats / units. |
| vii. | Parking Charges: At the rate fixed by the General Body of the Society at its meeting under the bye-law No. 84/85. |
| viii. | Interest on the delayed payment of Charges: At the rate fixed under the bye-law No. 72 to be recovered from the defaulter Member. |
| ix. | Repayment of the installment of the loan and interest: The amount of each - installment with interest fixed by the financing agency |
| x. | Non-occupancy charges: At the rate fixed under the bye-law No. 43(b)(iii). |
| xi. | 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 flats. |
| xii. | Lease Rent: The built up area of each flat / unit. |
| xiii. | Non-Agricultural tax: The built up area of each flat / unit |
| xiv. | Education & Training Fund: Rs. 10 per Flat/unit per month. |
| xv. | Election Fund: Equally by the Members and as prescribed by the Election Authority in the Rules |
| xvi. | Any other charges: As may be decided by the General Body Meeting of the Society |
Bye Law No 67(b) Committee to fix Society's Charges is respect of every flat
The Committee shall fix in respect of every flat the Society charges on the basis laid as down under the bye-law No, 67(a).
Bye Law No 68. Repairs and Maintenance to be carried out by the Society
The following repairs and maintenance of the property of the Society shall be carried out by the Society at its costs:
| a. | (i) All internal roads, (ii) Compound walls, (iii) External water pipe lines, (iv) Water pumps,(v) Water storage tanks, (vi) Drainage lines, (vii) Septic tanks, (viii) Stair cases, (ix) Terrace and parapet walls, (x) Structural repairs of roofs of all flats, (xi) Stair-case lights, (xii) Street lights, (xiii) External walls of the building/ buildings, (xiv) All leakages of water including leakages due to rain water, and leakages due to external common pipe line and drainage line, (xv) Electric lines upto main switches in the flats (xvi) Lifts, (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of the leakage of the rain water through the terrace.(xviii) Generators,(xvix) Security Appliances (CCTV, Intercom, Group Mobile, Mass Data Sharing Devices, Siren Bell) (xx) Rain Water Harvesting,(xxi) Sewerage, Storm water Drain & Water Treatment Plant (xxii) Common areas not specifically allotted ,Swimming Pool, Gym, Sauna Bath, Coffee House (xxiii) Common Parking Space (xxiv) Solar and alternate energy devices. (xxv) Garden (xxvi) Community hall |
| b. | All the repairs, not covered by the bye-law No. 158(a) shall be carried out by the Members at their cost. The expenditure of the internal leakage due to toilet, sink etc. should be borne by concerned flat holders, with intimation to the Society. |
Bye Law No 69. Payment of the Society's Charges
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.
Bye Law No 70(a) Review of payment defaults cases of Society charges
A Member shall be deemed to have committed default in payment of the charges of the Society, if the payment mentioned in the demand notice/bill is not made within the period as prescribed under Section 73CA of the Act. The Secretary of the Society shall bring the cases of defaults in payment of the Society's charges to the notice of the Committee for taking further necessary action.
Bye Law No 70(b) In case of default by member in payment of maintenance and service charges
In case of default by Member in payment of maintenance and service charges, the committee shall initiate a recovery proceeding under section 101 of the Act.
Bye Law No 71. Interest on defaulted charges
A Member shall be required to pay simple interest at twenty one percent per annum, or, at such lower rate as may be fixed by the General Body, on the outstanding dues to the Society, from the date the amount was due as prescribed under Bye-law no. 69, till full and final payment by the Member
