Housing Society Bye-laws are the rules and regulations laid down for the proper and peaceful running of the co-operative housing societies. Co-operative society bye-laws are approved by the government authorities and are formed with the intention to help the societies self-regulate themselves.
MODEL BYE-LAWS OF COOPERATIVE HOUSING SOCIETY
VII. MEMBERS, THEIR RIGHTS, RESPONSIBILITIES AND LIABILITIES
I. MEMBERSHIP
(A) Classes of Members: (Bye Law No 16)
The Membership of the Society shall consist of (i) Members, including Associate Members and (ii) Nominal Members.
(B) Eligibility for Membership: Bye Law No 17
Bye Law No 17(a) Eligibility for Membership of the Society
No individual shall be admitted as a Member of a Society except the following that is to say –
| i. | Individual who is competent to contract under the Indian Contract Act, 2; |
| ii. | a Firm, Company or any other Body Corporate constituted under any Law for the time being in force, or a Society registered under the Societies Registration Act, 1860; |
| iii. | a Society registered, or Deemed to be Registered, under the Act; |
| iv. | the State Government or the Central Government; |
| v. | a Local Authority; |
| vi. | a Public Trust registered under any Law for the time being in force for the registration of such trusts; |
Bye Law No 17(b) Eligibility of Minor or a Person of unsound mind for Membership of the Society
A minor or a person of unsound mind, inheriting shares and/or interest of the deceased Member in the capital/property of the Society, or if nominated may be eligible for admission to Membership of the Society through his guardian or legal representative on an application in the prescribed form, along with undertakings / declarations, in the prescribed forms, mentioned in the application.
Bye Law No 17(c) Admission of person to society’s membership subject to the collector’s approval
Notwithstanding anything contained in these bye-laws, admission of a person to Membership of the Society directly or as a result of Transfer of Shares and interest of the existing Member, in the capital/property, of the Society, shall be subject to the approval of the concerned Competent Authorities such as Collector of the District and the land grant terms as applicable, (provided if the Society has been given land by Government/CIDCO/MHADA/SRA” or any other authority)
Note (1): “Family” means as defined under Bye law No. 3 (xxv),
“’Family’ means Group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in-law, brother-in-law, sister-in-law, daughter-in-law, grandson / daughter.”
Note (2): Signatories to the application for Registration of the Society shall be Deemed to be the Members of the Society after its Registration.
Note (3): The number of Members in the Society shall be limited to the number of Flats/ Units constructed in the building/buildings. It shall be binding on the committee to restrict the Members to the extent of the number of Flats/Units in the Society.
Read other Co-operative housing society bye-laws: