As per my understanding Restriction on Holding more than one flat by a member is done away in the recent amendment of Bye Laws. So one can very well purchase a flat in the same society.
Under Chapter VIII. RESPONSIBILITIES AND LIABILITIES OF MEMBERS, (D) RESTRICTIONS ON HOLDING MORE THAN ONE FLAT, Bye-Law No. 60; An Individual Member of the Society may hold more than one flat, in the building/s of the Society in his name or in the name of any of the Members of his family subject to the conditions as provided under the provisions of Section 6 of the “Act”.
My query is with regards to Appendix-27 under Bye law No.60; what is the purpose of this form? Although in latest Bye-Laws there is no restriction as stated above but still a member is required to take permission of managing committee of an already registered society(of 300 members) by filling Appendix-27 while purchasing a flat in resale from the owner of the flat who purchased it from builder?
Or this is applicable for a society plot where few people (10 or more) come together, purchase a plot to construct a building and propose to register a society.
Request you to kindly clear my doubts on relevance of Appendix-27, Bye Law No.60 and Section 6 of MCS Act.
I C Naik
Bye-law No 60.”Individual Member of the Society may hold more than one flat, in the building/s of the Society in his name or in the name of any of the Members of his family subject to the conditions as provided under the provisions of Section 6 of the “Act”.
This is an old form and does not sound relevant to the bye-law 60.
Section 6 emphasizes on “area of operations of the Society “which has no implications now, Form 27 does not add to the management system of housing societies.
This question is now only academic because the ceiling of holding one flat per family has itself become academic with ample number of flats available at market price, Moreover area of operation of the Society referred to in Section 6 has virtually lost its context.