Management of co-operative housing complexes

The states Model Housing Society Bye-laws have been changed after nearly a decade,with 30% more regulations being included. In a series of new inclusions to the existing bye-laws which govern the internal regulation of a society the government has made housing societies responsible for the implementation of several regulations.The onus of redevelopment has also been placed on societies.Often,residents realize that the building cannot be maintained,but they refuse to take a call on redeveloping it until it is too late.If it is in the bye-laws,at least people will discuss and debate the issue, said a source.What was earlier a police circular has now been incorporated in the bye-laws.Societies must inform the police about new tenants.

The New House Rules


Society should ensure that children below the age of 14 are not working on the societys premises,including in any flat.Maximum fine of 1 year prison and/or Rs 20,000 in fine for the individual hirer Bye-Laws | 49(b) & 153(c)

A flats nominee cannot create an interest in favour of third parties without establishing the rights of the legal heirs of the owner Bye-Law | 34

Society dues can be recovered from the legal heirs of a deceased member and/or the current occupant Bye-Laws | 70(b)

A member will not have the right to sell a parking space that has not been purchased by him at the time of transfer of shares Bye-Laws | 77

Amounts above Rs.1,500 should be paid to the society by accountpayee cheque only Bye-Laws | 138

Monthly honorarium that can be paid to each office-bearer should not exceed 15% of the societys income or Rs.2,000,whichever is lower Bye-Laws | 141(b)

If the share capital of a society exceeds Rs.10,000,then voting has to be by secret ballot at the time of elections in the society Bye-Laws | 108(a)

The management of co-operative housing complex shall be entrusted to the committee which will ensure cleanliness, security, upkeep of common areas, services, landscape and exterior of the building, prepare a budget for annual maintenance charges which shall be got approved annually from the general body and it shall be the responsibility of the member or occupant, as the case may be, to make payment of maintenance charges to the committee.

If any defects occur in the flats and any repairs are required after allotment, the committee shall have the right to get such defects rectified or repairs carried out at the cost of the member or members concerned in whose flats such defects need rectification or need repairs and if the member or members concerned fail to make payment to the committee for getting such repairs carried out upon being given proper notice, the committee shall recover the above dues as arrears of land revenue by making a reference to appropriate authority under section 111.

A member who wants to carry out internal repairs may apply to the committee for necessary permission and if no structural changes are involved and the proposed repairs are not likely to cause any defect in the flat of any other member, the committee may grant permission to the concerned member to carry out the internal repairs.

In case any defect occurs in the flat of any other member or members on account of internal repairs in his flat by a member, the member or members concerned shall be compensated by the member who has carried out repairs and in case the member concerned does not pay the necessary compensation after service of notice, the committee shall recover the same as arrears of land revenue by making reference to appropriate authority under section 111 and after such recovery to make payment to the affected member.

All the flats besides other assets of the co-operative housing society shall have to be insured for all risks including earthquake annually on reinstatement basis against the value of the inflation for the same type of buildings.