Bye Laws of Cooperative Housing Society?

The model bye laws of cooperative housing society helps to self-regulate the operations of residential society and keep track of the action of the members. Higher authorities (government entities, legislative authority) provide and adopt housing society bylaws. The specifics of society's laws might vary from state to state, but the fundamental structure and nomenclature are always the same.

What bye laws of housing society includes?

• Preliminary- Name and Address:

This section provides information on the naming, name change, categorisation, address change, and displaying the society's Name Board procedures.

• Interpretations:

The definition of the nomenclature, or the precise meaning of phrases that are frequently used (such as "common areas," "sinking fund," and "active member,") is provided in order to legally distinguish between the ordinary usage of words in the context of a housing cooperative.

• Area of operation, objectives, affiliation:

To designate the society's location within a municipality, its primary goals, and to formally admit it as a member of the district's central cooperative bank and the cooperative housing federation for its wards and talukas.

• Raising of funds and their utilisation:

The bye-laws of cooperative societies set forth guidelines for how to raise money through the issuance of shares, obtaining loans, accepting donations and deposits, etc. They also detail how to issue shares to members and the society's liability cap.

• Rights & duties of member:

This section discusses how to become a member of a society and makes a distinction between active, non-active, associate, and nominal members.

• Responsibilities and liabilities of members:

This section outlines the obligations of the member, including requesting approval before making additions or changes to a flat, and enabling inspections. Additionally, it includes the grounds for and steps involved in expulsion from the society.

• Society charges:

The breakdown and composition of society fees, such as property taxes, water charges, common electricity charges, contributions to the fund for repairs and maintenance, and repair costs, are outlined in the byelaws of the society.

• Duties and powers of the society:

These regulations pertain specifically to the common seal and the society's incorporation, which grants it the authority to acquire, hold, and dispose of property as well as to enter into contracts and do other legal actions.

• General Meetings (First General Meeting, Annual General Meeting & Special General Meeting):

Detailed and explicit guidelines on how to conduct society meetings, including general, annual, and special body meetings, are provided in this section. 

• Management of society affairs:

The opening of a bank account for operations, the size (in numbers) of the Managing Committee, the election guidelines, the agenda for the first meeting of the new committee, the term of office, the circumstances surrounding leaving the Committee, and the resignation of Committee Members and Office Bearers fall under this category of rules.

• Profit distribution:

The bye-laws of cooperative societies explicitly outline the procedures for allocating funds (after paying interest on loans/deposits and after making such other deductions). 

• Writing off dues:

This section specifies the circumstances in which the Society may write off its irrecoverable amounts owing by its members, its recovery-related costs, and its accumulated losses.

• Society accounts audit:

The measures for completing an Audit Rectification Report prior to the Annual General Meeting as well as the appointment of a qualified Auditor/CA are all included in the fundamental process for conducting an annual financial audit of the society. 

• Conveyance, redevelopment and repair/maintenance:

This section explains how to acquire the deed conveyance in the name of the society through a lawyer before outlining the regulations for refurbishment and repair.

• Committee redressal of member complaints:

According to the type of complaint, the society bylaws provide a list of pertinent authorities to contact. They discuss the different kinds of grievances that were dealt with at the general body meeting of the society.

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