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 Housing Society Bye Law 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
II. RIGHTS AND DUTIES OF MEMBERS
(C) Occupation of Flats (Bye Law No 24)
Bye Law No 24.(a) The Member, who is deemed to have been allotted the flat under the Bye-law No. 76(a) of the Society shall have a right to occupy the flat subject to the terms and conditions set out in the letter in the prescribed form under the said bye-law.
Bye Law No 76(a) Society to carry out Structural Audit
The Society shall cause to undertake the Structural Audit of the building as follows
| i. | for buildings aged between 15 to 30 years: once in 5 years |
| ii. | for buildings aged more than 30 years: once in 3 years |
Bye Law No 24(b) The Associate/Nominal Member may have a right to occupy the flat with the consent of the Member and written intimation to the Society, subject to the conditions set out by the General Body Meeting.
(D) Restrictions on Rights of Associate and Nominal Members (Bye Law No 25 and 26)
Bye Law No 25. No rights of Membership for Associate Member except that under Section 27(2)
No Associate Member shall have any rights or privileges of an active Member except as provided under Section 27(2) of the Act and he fulfills the conditions of bye-law 22(a)
Bye Law No 26. No rights of Membership to a nominal Member
A nominal Member shall have no rights such as Member.
(E) Resignation of Membership
(1) Resignation by a Member (Bye Law No 27)
Bye Law No 27(a) Notice of resignation of Membership of the Society.
A Member may resign from Membership after giving three months notice in the prescribed form to the Secretary of the Society as provided under Rule 21(1) of the Rules.
The Maharashtra Cooperative Societies Rule 1961, Rule No 21. Withdrawal of Membership
(1) Subject to the provisions of the Act, the rules and the by-laws of the society, a member may withdraw from the society after giving three months’ notice to the Secretary of the society of his intention to resign his membership of the society.
Bye Law No 27(b) Resignation not to be accepted unless charges of the Society are fully paid
No resignation of a Member of the Society shall be accepted unless such Member has made payment of the charges payable to the Society in full.
Bye Law No 27(c) Communication of outstanding charges due to Society from the Member
Where any charges are found payable by the Member to the Society, the Secretary of the Society shall intimate the same giving full details and reasons of dues thereof to the Member within 15 days of the receipt of the notice of resignation, advising him to make payment thereof within 30 days of the date of intimation.
Bye Law No 27(d) Acceptance of resignation where no charges of the Society are outstanding
Where there are no charges of the Society outstanding with the Member, the Committee shall accept the resignation of the Member and the Secretary of the Society shall communicate the same to the Member within a period of 3 months from the date of the receipt of the notice of the resignation.
Bye Law No 27(e) Communication of reasons for rejection of resignation
Where any resignation is rejected, the Committee shall record the reasons therefore and communicate the same to the Member concerned within three months from the date of receipt of notice of resignation.
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