Model Bye–Laws of Cooperative Housing Society

XVIII. OTHER MISCELLANEOUS MATTERS (Bye Law No 162 to 171)

Bye Law No 162. Modes of communication of Notices, Resolutions, Decisions etc.

Bye Law No 162(a)

It shall be open to the Society, having regard to the importance of the matter and the specific provision made thereof under the MCS Act1960, the MCS Rules 1961 and the Bye-laws of the Society, to give notice of every General body meeting and communicate the resolution or the decision, to the Members of the Society on their last known addresses, by one of the following modes:

i Hand delivery
ii Dispatch through post office or by registered post, with or without acknowledgement due, or by email.

Bye Law No 162(b)

A copy of such notice/communication of the decision/resolution shall be displayed on the notice board of the Society and thereupon, the notice shall be deemed to have been duly given or communication shall be deemed to have been duly made and the complaints received or made that the notice/communication was not received or was not sent to the correct address shall not affect the validity of the notice or the communication.

Bye Law No 163. Accounting Year

The accounting year of the Society shall be that commencing on 1st April and ending on the 31st March of the subsequent year.

Bye Law No 164. Notice Board

The Society shall have its Notice Board, fixed at a conspicuous part of the building/s, on which shall be exhibited all notices and communications referred to in the bye-law No.161 (a), the Statement of Accounts, the Annual Reports of the Committee and other matters, of which Notices are required to be given to all the Members of the Society under the MCS Act 1960 and, the MCS Rules 1961 and the Bye-laws of the Society. If there is more than one building, the similar Notice Board shall be fixed in all the buildings.

Bye Law No 165. Penalties for breaches

Bye Law No 165(a)

The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instructions from the Committee, shall bring to the notice of the Member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the Member persists in continuing the breach/breaches, the Committee shall give the notice to the Member to show cause as why the penalty should not be inflicted on him for breach/breaches of the byelaw/byelaws. The General Body Meeting, after considering the Say of the Member and after giving him hearing, may levy penalty to the extent of maximum consolidated penalty not exceeding Rs.5,000/- in any one financial year.

Bye Law No 165(b)

Save except other provision in the Act, the A.G.M / Special G.B.M. can penalize a Member for committing breaches in his Responsibilities. Such penalty should be reasonable and equal to all such erring Members. A.G.M./Special G.B.M. is empowered to frame the penalty amount. The managing committee shall recover such penalties with proper care.

Bye Law No 166. Alteration/Amendment of Bye Laws

No bye-law shall be made, altered or abrogated unless

i a proposal to do so has been communicated to all Members 14 days before the Meeting of the General Body of the Society, at which it is proposed to be considered, and,
ii the resolution is passed by not less than 2/3rd majority of the Members present and voting at the meeting of the General Body of the Society, and
iii the making, alteration or abrogation is Approved and Registered by the Registering Authority.

Bye Law No 167. Operation of Lifts, Solar Water Heaters etc.

The Committee shall regulate the operation of the lifts, solar water heaters taking into consideration the convenience of the majority of the Members of the Society.

Bye Law No 168. Restriction on Playing Games

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.

Bye Law No 169. Prohibition on letting out open/common spaces

The Society shall not let out or give on leave and license basis or permit any subletting, any open space available under the Staircases, Terraces/Open ground/Lawns/Club house/ Common Hall etc. to any person whether the Member of the Society or not, for any purpose whatsoever.

Bye Law No 169(a) Penalties for encroachment of common spaces

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.

Bye Law No 170. Temporary use of the Terrace/Open Space by any Member

Notwithstanding the provisions under the bye-law no. 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

i Solar collector stand, hot water tank, cold water tank, stand for the tank and hot water pipeline etc,
ii Solar Panels, battery, inverter charging controller, cabling etc. 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 premises.

Bye Law No 171. Fees of supply of copies of the documents

The Member of the Society, requiring copies of the documents shall pay copying fees and other charges at the rates mentioned against them :

Sr. No. Document Name Charges
1 Certified copy of the Approved Bye-laws of the Society Rs5/- per page
2 Amendment of the Bye-laws of the Society Rs5/- per page
3 Last Audited Balance Sheet of the Society Rs10/- per page
4 Application for Membership of the Society Rs25/- per page
5 Second and Subsequent Nomination by the Member of the Society Rs100/- per page
6 Share Certificate of the Society(Duplicate) Rs100/- per page
7 List of Members of the Society Rs10/- per page
8 Correspondence / Documents (related to Member) Rs10/- per page
9 Minutes of the General Body Meetings and Committee Meetings Rs10/- per page
10 Indemnity Bond Rs20/- per page
11 Copy of Annual Returns and Periodicals Rs10/- per page
12 List of Active Members Rs5/- per page
13 Any other document as per section 32 of the Act Rs5/- per page
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