| 1. | Explain the scheme of Apartments Ownership? The Apartments Ownership Scheme is governed by the Maharashtra Apartments Ownership Act, 1970 and Rules framed thereunder. The sole owner or all the owners of the properties in a buildings with 5 or more apartments submit the property or properties to be governed by the Maharashtra Apartments Ownership Act, 1970 by executing and registering declaration(s) to that effect. Each apartment owner is the owner of an apartment and undivided interest in the common areas and facilities at the percentage specified in the declaration. The apartment and the undivided interest in the common areas and facilities appurtenant to such apartment are transferable (by sale agreement, gift, exchange) and heritable like any the immovable property. The apartment owners manage the common maintenance and affairs through an association of apartment owners. Each apartment owners has to comply with the rules and regulation or the bye-laws which may be framed by the association. Any disputes between the apartment owner or between the apartment owners and the association will be subject to jurisdiction of a Civil Court. |
| 2. | What is the different between a flat purchased under Maharashtra ownership Flats Act (MOFA), 1963 and Maharashtra Apartments Ownership Act (MAOA), 1970? The difference is in the scheme of holding or owing the flat and the apartment. In the case of ownership flat the legal title of the building of which the flats is the part and land on which – stands vests generally in a co-operative housing society or a limited comply and the flat owner has only a right to occupy the flat allotted to him. In the case of a apartment ownership the legal title of the flat along with a proportionate share in the common areas of the building and land appurtenant thereto belongs to the apartment owner has a independent right to his apartment to the exclusion of others. There is no legal entity in whom the whole of the property invested. Therefore for the purpose of common maintenance and common services and expenses the Act requires the apartment owners to form an association or condominium which is an unincorporated body. Subject to some exceptions, a co-operative housing society requires minimum 10 members. In case of apartment ownership there should be minimum of 5 apartment in one or more buildings to form an association. Apartment ownership is not possible in case of independent bungalows or buildings; because an apartment must be a part of the property and located in one or more floors in a building. MOFA 1963 being a general Act applicable to construction of flats on ownership basis and as the term “flat” includes an apartment, the provisions of MOFA 1963 will apply to apartment ownership so far as they are relevant. The apartments may be used for residence or office or practice of profession or carrying on any business, trade or occupation or any independent use. The owners of the apartments have to make a declaration in a prescribed from the contents whereof should be as stated u/s. 11 of MAOA, 1970. The declaration should contain in brief description of the building proposed to be constructed, description of each apartment, description of common areas and facilities, description of limited common areas and facilities in respect of each apartment, value of the property and each apartment and percentage of undivided interest in common areas and facilities of each apartment, name and address of the person to receive the service of the legal process, percentage of votes of each apartment owner, manner of amendment of declaration if required and other details as may be desired by the declarants. The declaration with annexures is required to be registered. Apart from agreement for purchase of an apartment and a declaration, a deed of apartment will be executed under MAOA 1970. The deed of a apartment will be executed between builder/developer as the transferor and the apartment purchaser as the transferee. A deed of apartment is actually a deed of conveyance. |
MODEL BYE-LAWS UNDER MAHARASHTRA CO-OP. SOCITIES ACT, 1960 AND MAHARASHTRA OWNERSHIP APARTMENT ACT,1970
| 1. | Objection & purpose of Amendment. What is the definition of Bye-law? Bye-laws are the rules and regulations for running the business and management of the Society. Bye-law has been defined in sub section (5) of Section 2 of the Maharashtra Co-operative Societies Act, 1960. The bye-law means bye-laws registered under this Act and for the time being in force and includes registered amendments of such bye-laws. Through there are model bye-laws every housing society may have modifications or changes according to their needs, objectives however, these bye-laws should not be inconsistent or contrary to the provisions of Maharashtra Co-operative Societies Act, 1960 and rules thereunder. |
| 2. | Is there similarity between Bye-laws under the Maharashtra Co-operative Societies Act and Articles of Association under Indian Companies law? Bye-laws are to a co-operative society what articles of Association is to a Joint-Stock Company or what rules and regulations are to society registered under theSocieties Registration Act, 1980. Bye-laws include the objects of the Society and completely define and restrict the society’s activities. But the rights and liabilities of members are determined by the Act and Rules and not by the bye-laws as such. Bye-laws must be construed in manner so as to reflect intention of its framers as also to make them effective and workable – Wasudeo Gulabrao Deshmukh V/s State of Maharashtra- 1995(2) Mah.L.J.160 |
| 3. | What are the major amendments or charges in the New Bye-law which are came into force in 15th August 2001? Some of the important charges are made in respect of the bye-laws are as under:- a) The Chief Promoter is newly defined {3(iii)} it states that the Chief Promoter means person who is elected by the promoter in the first meeting or subsequent meeting etc. b) Definition of flat is enlarged. New definition includes coaching class, palna ghar, beauty parlor etc. {3(vi)} c) Definition of parking space is retain as it but additional bye-law No. 78 (a) and (b) has been added which refers to purchase of parking space/still which has resulted in controversy. d) Different meaning is given to the Promoter, Promoter means a person who signed the application for the Registration of the Society. e) New definition is given to the Builder & Promoter, this two words are joined together. In original bye-laws thee was no word builder f) Definition of Major Repairs Funds is expanded. g) Definition of Family has been widen and includes married daughter, son-in-law, grand son and other relatives. h) Mode of raising funds of the society is changed. The donations from transferor and transferee has been excluded. i) Eligibility for membership which was restricted of not having house for him or his family in the area of operation of the society has been removed. {17(a)} j) The admission of a person to society’s membership subject or collectors approval is also required now in case of CIDCO & MHADA. k) The procedure for nomination by a member and its revocation is modified. The acknowledgement of nomination by the Secretary shall deemed to be the acceptance of nomination by the secretary. The acknowledgment of variation in nomination/subsequent nomination by the Secretary shall deemed to be the cancellation of earlier nomination{32}. l) Transfer of Share and Interest of the deceased member in the capital/property of the society to the nominee recognizes the ownership right of a person purchasing the flat jointly with first member and admitted in the society as an associated member. According to the new bye-law in the event of death of the member, nominee/nominees shall submit the application for membership within 6 months from the death of a member. {34} m) New Bye-law states that the transferor or transferee shall submit additional documents to make the compliance i. Stamp Duty paid agreement. ii. Payment of transfer fee is Rs.500/- and Entrance fee is Rs.100/- iii. Payment of amount of premium fixed by the General Body Meeting but within the limits as prescribed under the circular issued by the Department of Co-operation, Government of Maharashtra from time to time and other requirements mentioned in Bye-law No. 38(c). n) The Circumstances under which a person ceases to be a member of the society has been added by including clause (vi) and (vii) Clause (vi) states that if the where about of the member are not known for continuing seven years and if his shares and interest of a member in the property/capital of the society is not claimed by anybody else. Clause (vii) states that on cessation of right/title and interest of a member in the property of the society, by way of legal attachment or sale. o) Restriction on holding more than one flat is removed subjected to certain provisions of section 6 of the Act p) The expenses of repair and maintenance charges will be on the basis of construction cost of each flat.{70} q) No new member is permitted to contest election if he has not completed two years from the date of enrollment as a member (see Rule 3 of election rules) r) Period of office of the Committee {116 A} s) Transfer of flats {bye-law No. 38(d)} t) Structural Audit, Alterations and Repair {bye law No.77} u) Increase in entrance fees {bye law No.19B} v) Special provisions for redressal of complaints {173} There are many other important charges which could not included for want of time and space. |
| 4. | What is the procedure for amending the bye-laws of co-op. Society? There are two important sections referring to the amendment of the bye-laws i.e. Section 13 and Section 14 Section 13 refers to the amendment of the bye-laws of the society and section 14 refers to power of the Registrar to direct amendment of bye-laws. Rule 12 prescribes the procedure for the amendment of bye-law. |
| 5. | Whether it is mandatory for the Co-operative Housing Society to adopt amended bye-laws? Can the Registrar of Co-operative Societies force the Society to accept the new bye laws? It must be noted that the Model Bye-laws are prepared on the basis of representation made by various members of Co-operative Societies of by Societies themselves by and large this model bye-laws are in the interest of the members of co-operative societies and development of co-operative movement. There are certain bye-laws such as open membership arising out of Section 30 of Maharashtra Co-op. Act and Rule No. …… are supposed to be mandatory. According to the notification issued by the Government this bye-laws are required to accept before 31st October 2001.The Registrar can force the Society to accept the new bye-laws if he satisfied it is in interest of the members of Society. |
| 6. | What are consequences if the new bye-laws are not accepted? If the new bye-laws are not accepted, the members are not get the benefit of new-laws. |
| 7. | What kind of complaints can be filed before the Registration of Co-op Societies? a) Registration of Society on Misrepresentation. b) Non-issuance of the Share Certificates. c) Refusal of Membership. d) Non Registration of Nomination by the Society. e) Non Occupancy Charges. f) Demand of excess premium for transfers. g) Non Supply of the copies of record and documents. h) Tampering, suppression & destruction of the records of the society. i) Non acceptance of the cheques or any other correspondence by the committee. j) Non maintenance or incomplete maintenance of records and book of the society. k) Non preparation of the annual accounts/reports, with the prescribed period. l) Misappropriation/Misapplication of the funds of the society. m) Defaulter/Disqualified member on the committee. n) Investments of funds without prior permission. o) Reconciliation of Accounts p) Audit. q) Non conducting of election before expiry of the term of the committee r) Rejection of Nomination s) Non calling of General Body meetings within prescribed period t) Non calling of Managing Committee meetings as prescribed in Bye-laws u) Registration by the Committee v) Any other like matters which fails within jurisdiction of the Registrar. |
| 8. | The Registrar under Co-op. Societies Act exercises the Judicial, Executive and Legislative Powers & Duties. Some Powers are given below: a) To register a society and its bye-laws (S.9) and to direct their amendments (S.14 and to issue certificate of registration (S.10) b) To register or refuse to registrar amendment of bye-laws (S.13) and to direct amendment of bye-laws (S.14) c) To approve change of name of a society (S.15) d) To approve change of the liability of a society (S.16) e) To approve amalgamation, transfer division or conversion of societies (S.17) f) To direct amalgamation or reorganization of societies (S.18) g) To order cancellation of registration of a society (S.21) h) To approve resolution of expulsion of a member or sanction his readmission (S.35) i) To call special general meeting of any society or to authorized any person to call such meetings (S.76) j) To remove the Managing Committee and to appoint another Managing Committee or administrator to remove member and appoint another (S.78) k) To enforce performance of obligation by an officer (S.79) and to inflict fine on such officer for his failure to comply with the provisions of this Act {S.79 (2)} l) To audit or cause to be audited the accounts of every society in every year (S.81) and to direct the society to remedy the defects disclosed in audit. (S.82) m) To inquire or order inquiry into the constitution, working and financial condition of a society (S.83) For other rights see Point No. 28 to 49. |
| 9. | What kind of Complaints can be filed before Co-operative Court:- a) Resolution of the Managing Committee and General Body; b) The elections of the Managing Committee, except the Rejection of Nominations, as provided under Section 152-A of the Act; c) Repairs including major repairs, internal repairs, leakages. d) Parking, e) Allotment of Flats/Plots; f) Escalation of construction cost; g) Appointed of Development/Contractor, Architect h) Unequal water supply; i) Excess recovery of dues from the members; j) Any other, like disputes which fall within the jurisdiction of the Co-operative Court. |
| 10. | What kind of complaints can be filed before Bombay City Civil Court: a) Non-compliance of the terms and conditions of the Agreement, by and between the builder/developer. b) Substandard constructions; c) Conveyance d) Escalation of construction cost; e) Any other like disputes which fall within jurisdiction of the Civil Court. |
| 11. | What kind of complaints can be filed before Municipal Corporation and other Local Authority? a) Unauthorized constructions/additions/alterations, made by the builder/member/occupant of the flat; b) Inadequate water supply to the society; c) Change of use by the member/occupants d) Building’s structural problems e) Any other matters which fall within jurisdiction of the Corporation and local authority. |
| 12. | What kind of complaints can be filed before inspector of Police:- a) Nuisance carried by the unauthorized use of the flats/shop/parking space/open space in the society, by the members, builder, occupants or any other persons: b) Threatening/Assault by to the members of the Society. c) Any other like matters which fall within jurisdiction of the Police. |
| 13. | What kind of complaints can be filed before General Body of society? a) Non maintenance of the property of the society by the managing committee; b) Non display of Board of the name of the Society; c) Levy of excess Fine by the managing committee for act of the member which is in violation of the bye-laws. d) Not allowing the authenticated use of the available open spaces of the society, by the managing committee. e) Non insuring the property of the society by the managing committee. f) Appointment of Architect; g) All other like matters which fall within jurisdiction of the General Body. |
| 14. | What kind of complaints can be filed before Federation of Co-op. Societies? a) Non allowing of the entry of secretary of society by the member b) Non acceptance of any communication by the member/managing committee. c) Convening special general meeting provided under bye-law no. 97 & Managing Committee meeting provide under byelaw no. 133. d) All other like matters. |
| 15. | What are the important amendments are made to the Maharashtra Co-operative Societies Act in last few years? a) No Confidence Motion: Section 73-ID (1) has been amended stating that when no confidence motion is filed against the office bearers it shall be decided only by two third majority instead of simple majority (w.e.f.14.8.2000) b) Failure to conduct Election: According new section 73-H (2), if the committee willfully fails to conduct the election before expiration of its terms then only such committee shall cease to function and vacate its office, as was the position originally (w.e.f.14.8.2000) c) Execution of Bond: the amendment being carried out in section 73 explicitly provides that the members of the committee are jointly and severally responsible for all their acts and for every decision relating to the business of the society it is also made mandatory for the member of the committee to execute bond in the manner specified so that the committee conducts the business of the society with due care and more responsibility. (w.e.f.23rd August 2000) d) Restriction on members of family: To encourage and promote the concept of smaller family and thereby to achieve the control of population growth also through the members of the co-operative society, the Government has decided to provide for prospectively disqualifying the member of the society having more than two children for being qualified for elected as or being a member on of society or body of the society. {Section 73-FF & 144 E (w.e.f.7.9.2001) |
| 16. | What are the bye-laws requires reconsideration? a) Whether the builder can be permitted sale the compulsory are for the purpose of parking? (bye law No.78A) b) Whether builder can be permitted to sale the terrace or part of terrace to one or two members denying the common use and enjoyment to others? c) Whether restriction on the two children is reasonable? Whether it can be made applicable to members of all religion? d) Whether making the provision for furnishing the bound will create any problem of business and management. e) Whether any donation against the wishes of the members is contrary to the provisions and object of the societies Act? |
| 17. | Whether refusal to admit as a member on the ground that the applicant is not a member of particular community is valid? No. Maharashtra Co-operative Societies Act (24 of 1961), SS.23(1), 22(1), 9 and 4 – Bye-law of a co-operative society requiring applicant desirous of being enrolled as member must belong to Kanara Saraswat Community only ultra vires scheme of the provisions of section 4, 9, 22 and 23 of the Act – Refusal by Society to admit applicant who did not belong to Kanara Saraswat community not a “sufficient cause” within the meaning of section 23(1) to justify refusal to admit such person as member of the society. A Co-operative Housing Society registered under the Maharashtra Co-operative Societies Act had among its byelaws, bye-laws No.7 which required that members of the Society should belong to Kanara Saraswat Community. A member of the Society intended to transfer the share in respect of his flat to one who did not belong to the said community gave notice to the Society of his intention to transfer the shares of his flat. The Managing Committee rejected the proposal in the matter and the resolution was confirmed by the General Body of the Society. On the complaint in the matter made to the Deputy Registrar, Co-operative Societies, with regard to the said bye-law, notice under section 14(1) of the Maharashtra Co-operative Societies Act, 1961 read with Rule 13(1) of the Rules of 1961 was issued to the Society asking it to amend the said bye-law so as to delete the requirement of a member belonging to the Kanara Saraswat community. On refusal by the Society to amend the said bye-law the Deputy Registrar on 7-91995 passed an Order directing the Society under section 14(2) of the Act to amend the said bye-law by deleting the restriction in the matter of membership only to person belonging to Kanara Saraswat Community Appeal preferred by the Society was dismissed by the Divisional Joint Registrar, Co-operative Societies. In writ petition by the Society challenging the said orders. Bombay High Court has held that an individual who is competent to enter into contract under the Indian Contract Act, is eligible to become a member subject to the exceptions carved out under section 22 of the Act. Under Section 23 refusal to admit a person who is duly qualified under the provisions the Act and Bye-laws to be a member must be supported by “sufficient cause” Bye-laws cannot override the provisions of the Act nor can Bye-laws impose restriction which are ultra vires the statues. There was no nexus between the requirements of belonging to a particular community stipulated in Bye-law No.7 with the objects of the Society stipulated in the bye-law No.2. There was nothing in the object of the Society to suggest that the objects as stipulated could be achieved only if the member belonged to Kanara Saraswat Community. The requirement that a person must belong to the said community was inconsistent with the scheme of the provisions of section 4, 9, 22, and 23 of the Act. Insistence that a person must belong to the said community to be eligible to become a member of the Society was ultra vires the said provisions of the Act. Therefore, the mere fact that the applicant did not belong to Kanara Saraswat Communtiy was not a “sufficient cause” within the meaning of section 23(1) of the Act to justify refusal to admit him to the membership of the Society 1974 MPLJ 1, AIR 1971 SC 966, AIR 1997 Guj.136, Rel (Paras 19 to 30) |
| 18. | Whether Bye-laws of a co-operative society have the force of law? Whether they cannot be inconsistent with the provision of the statute? No. Bombay High Court has held that bye-laws which are registered under section 9 of the Maharashtra Co-operative Societies Act, 1961 must necessarily confirm to the provisions of the Act and must not be contrary thereto. Bye-laws cannot be inconsistent with the provisions of the statute. They cannot be held to be a law or to have the force of law. AIR 1970 SC 245 and 1984(1) SCR 767, Rel (Para 17). (Talmakwadi CHS V/s Div. Joint Registrar 1999 (1) MH.L.J page 406, 407) |
| 19. | What are the modifications in respect of parking in model bye-laws? Bye-laws before amendment as under:- B. No. 79: The allotment of parking spaces/stills shall be made by the Committee on the basis of “First Come First Served” B. No. 80: No member shall be entitled to utilize more parking spaces/stills than what is allotted to him by the Committee. B. No. 81 : where any still have been built or open space in the society’s compound is available for parking of cars the society shall number the stills 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 spaces is used by the members for the purpose for which it is allotted to them. B. No. 82: A member having a motor vehicle will only be eligible to have still or a parking space. No member shall normally be eligible for being allotted more than one still or a parking space for parking the car 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 stills or parking spaces remain unallotted for want of applicants for allotment, a second or third still or parking space may be allotted to the same member who has earlier been allotted the still or the parking space. Such allotment of 2nd or 3rd still/parking space shall be made on year to year basis provide the same is not required by another member, who is not allotted even a single still/parking space. B. No. 83: the member desiring to have a still or parking space may make an application to the Secretary of the Society giving necessary details. The producer for disposal of applications for permission under this bye-law as laid down under the bye-law No.67 shall be followed by the Secretary and the Committee of the Society. B. No. 84: Every member, who has been allotted the still or the parking space shall be required to pay the parking charges 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 motor vehicle or not. Where a member has been allotted more than one still/parking space, he shall pay parking charges in respect of every such still or parking space. B. No. 85: Every member having a scooter a motor cycle, or an auto rickshaw shall obtain prior permission of the Committee for parking his vehicle in the compound of the society on payment of charges, fixed by the general body of the Society at its meeting. Modification made in the new Model Bye-Laws a) Bye-law no. 78 is the new bye-law 78(A) which refer to the policy of allotment of parking places and yield. The new bye-law is divided into 2 parts 78(A), 78(B) refers to addition for unsold and available parties. b) Bye-law No.79 is the old Bye-law No. 80 in which words are added “or which he has purchased”. It appears intention is to protect parking spaces if the flat (flat owner) has purchased it on from the builder. c) Bye-law No.80 is the old Bye-law No.81 and Bye-law No.81 is the old Bye-law No.82. d) Bye-law No.82 is the new bye-law, which refers to the provisions of parking for excess vehicles then the available parking spaces by “lot on yearly basis”. e) It is stated that the Parking space is like an essential supply and every flat owner is entitled to have it as the part of ownership agreement. However, he may have right to give up his right of parking space in case he doesn’t have any car own by him. |
| 20. | What are the provisions regarding the provisions for nomination by a member and its revocation? The purpose of the nomination is to make certain the person with whom the society has to deal and not to create interest in the nominee to the exclusion of those who in law will be entitled to the estate. The nominee cannot be said to have become the owner of the property qua the other heir merely by virtue of the nomination. The other heirs may get their rights decided and the society is bound by the decision. (Gopal Vishnu Ghatnekar Vs. Madhukar Vishnu 1981, 5 CLC 95, 96 101 (H) : 1982 Bom 4.12, 484, 487) The Form of the Nomination even though attested by two witnesses cannot be treated as will, as it is not executed with the intention of regulate succession after the death. (Gopal Vishnu Ghatnekar Vs. Madhukar Vishnu 1981, 5 CLC 95, 96 101 (H) : 1982 Bom 4.12, 484, 487) In a Housing Society, the nomination can be only with respect to shares, and land allotted to the members Nomination in respect to the building constructed by the member is invalid. (Gopal Vishnu Ghatnekar Vs. Madhukar Vishnu 1981, 5 CLC 95, 96 101 (H) : 1982 Bom 4.12, 484, 487) The nomination of a successor to his share or interest in the society should be made by the member under his signature in the book kept by the society for that purpose (R.26, R.32). According to S.38 it is also entered in the Register of members against the name of the member. The person nominated may be a minor and need not be an heir or relative of such member. The effect of valid nomination is to vest the share or interest on the death of the member in his nominee. Heir means a person on who the estate of the deceased devolves in case of intestacy according to his personal law, if any or under the Indian Succession Act. In the case of a Hindu, his or her heirs are to be ascertained under the Hindu Succession Act, 1956, and in the case of mohanmedan under the Mohamedan law. Legal representative is a term of wise important than heir and includes persons who in law represent the estate of the deceased and such as executor administrator. Sub-sec. (1) does not authorized the society to transfer the share or interest to nominee’s nominee. If such person is not the heir or legal representative of the deceased member, the transfer would be void. When there are more heirs the none, the share should be transferred to their joint names, see S-27(2). Bye-law No.32 refer to the producer for nomination for a member and its revocation, Bye-law No.33 refer to recording of nomination or revocation thereof. Bye-law No.34 refer to the transfer of shares and interest of the deceased member in the capital/property of the society to the nominee. Bye-law No.35 refer to the transfer of shares and interest of the deceased member in the capital/property of the society to the heir. Bye-law No.36 refers to the payment of value of shares and interest of deceased member in the capital/property of the society to the nominee/nominees. Bye-law No.37 refers to the payment of the value of shares and interest of the deceased member in the capital/property of the Society to the heir/legal representative. |
| 21. | Whether there are separate provisions in respect of Bye-laws as the part of Maharashtra Ownership Flat Act, 1970. If so what are its contents? Under the Maharashtra Co-operative Societies Act, there are separate model bye-laws for Co-operative Housing Societies. The Acceptance of this model bye-laws is in the interest of the society and that whenever any modifications and changes are required in certain bye-laws, it can be modified with the resolution of General Body and by the consent of Registrar of Co-operative Society. However it must be noted that in respect of Maharashtra Ownership Apartment Act, 1970 itself to bye-laws refers to bye-laws and their contents. These bye-laws are mandatory as it is the part of law. These bye-laws are mentioning clause. (a) Which refers to the election among the apartment owners of a Board of Managers etc. (b) Method of calling meeting of the apartment owners etc. (c) Election from the president from among the members of the Board of Managers. (d) Election of Secretary (e) Election of Treasure (f) Maintenance, repair and replacement of the common areas and facilities. (g) Manner of collecting from the apartment owners their share of the common expenses. (h) Designation and removal of persons employed for maintenance, repair and replacement of the common areas and facilities. (i) The method of adopting and of amending administrative rules and regulations. (j) Such other restriction on the requirements respecting the use and maintenance of the apartments. (k) Percentage of the votes required to amend the bye-laws (See Sec.16 of Maharashtra Apartment Ownership Act. 1970) |
| 22. | Are there separate rules under the Maharashtra Apartment Ownership Act, 1970? Yes. Separate rules are issued under sub section (1) of section 25 of Maharashtra Apartment Ownership Act, 1970. These rules refers to (1) short title, (2) Definition, (3) Declaration under Section 2, (4) Conveyance of Apartments (5) Parties to Deeds of Apartments, (6) Contents of Deeds of Apartments, (7) Form of Book under section 13 (3) and of index thereto (8) Form of memorandum under section 13 (4). Conclusion: Model bye-laws is the model prepared on the basis of representation and suggestions received from members of managing Committees from various Societies and other co-operative thinkers. These are instrument for better living and better management. There are 58.000 co-op. Societies are in Maharashtra out of which 18,000 are in Mumbai and 11,000 are in the District of Thane and Raigad Dist. It is possible that there could be some differences in respect of some societies but the short coming this bye-laws cannot be use as weapon to fight against each other. There are certain societies have additional scope to the business and management by making it compulsory (a) to have annual picnic at least for a day or two. (b) to provide scholarship for the brillent students in their Society (c) to have medical assistance and funeral sub-committee. Let us hope that we will have such bye-laws where we can settle our disputes of any within the office or compound of the society. |