Mayura Deshpande
I stay in a co-operation hsg society in Pune. I need some inputs/suggestions:
1.If a society is registered under Maharashtra Co-Op housing societies, do they need to follow the Model Bye Laws published by the federation? Can society create their own new bye laws? Our society is registered @ 2006. We recently had elections and a new committee is formed. This new committee came with society specific bye laws which do differ at places from model bye laws published by Maharashtra Co-Op Housing Societies federation. So, would like your help is understanding the details on this front.
2.As we understand, there are various heads of funds which needs to be raised by Society like sinking fund, maintenance fund etc. We all had initially raised a corpus fund which has now become a very significant amount over last almost 8-9 years. We also used to contribute on monthly basis towards maintenance cost. The new committee has come up with increased maintenance (almost double the earlier monthly contribution) and a lump-sum amount for Sinking Fund. I request your help to understand, how this corpus fund should be used? Can we bifurcate corpus fund under different heads and lower the maintenance cost? What is an ideal amount expected under all these various heads?
3.As we understand, there are 2 different approaches that are followed while deciding the maintenance cost – flat cost per unit or square feet basis. In our society, we have a variety of houses like 1 BHK, 2 BHK, 3 BHK as well as Row Houses. We would like to understand, what is the legally accepted approach to collect the maintenance cost. We do have some families who owns two adjacent 1 BHK flats, which they had purchased at the launch (the building with 3 BHK flats was launched almost after 1.5 years) and they have been merged to a single flat of 3 BHK. What should be the approach for charging maintenance to such families.
Dear Sir, these are very basic & critical queries and I am looking forward to get your valuable guidance on these.
I C Naik
Model Bye-Laws 2014 were under severe criticism in my several posts on www.indiancooperative.com There are 8 parts exclusively devoted to explain this Model coverng almost all aspects. one example is on this link;
https://www.indiancooperative.com/nchf-2/maharashtra-understanding-new-model-bye-laws-part-1/
You should get clarity going through that. But to end your curiosity Model Bye-Laws are recommendatory in nature and housing society may adopt and go for its amendment to make them society specific. In fact my latest discovery is every housing society should immediately adopt model 014 and go for amendment of those Bye-Laws which are contrary to society needs.
As regards utilization of the “Corpus” there is nothing in law and it is a society specific issue to be answered as per provisions in the society’s registered bye-laws. You can inspect the Bye-Laws in your society office free of costs and if you want to have a copy for reference ( a better course to find authentic answers) it will cost you around Rs 100.- Write to the Secretary for a copy certified under his hand as true copy of your society’s registered bye-laws.
In order to decide correct maintenance rates also one has to go by the Bye-Laws and private approaches are not permissible. Bye-Law No 67-70 contains rules on this matter and these are binding and must be adhered to. Any deviation means a breach of Bye-Laws.
As regards varying sizes of flats the State Government has issued order under Section 79A which is mandatory for all housing societies to adhere to.You can read that order on Pages 65-66 of the Housing Manual which is posted on official website of Commissioner for Cooperation:
https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Housing%20Manual%202012%20English.pdf