Query of Anand Charya

My question is regarding following bye-law.

Model Bye – Laws of Co-operative Housing Society

 (Tenant Co?Partnership Housing Society )

Vii. Members, Their Rights, Responsibilities And Liabilities

  1. Membership

( B ) Eligibility for Membership

  1. c.

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)

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.

 My questions :

  1. Does this bye-law apply to the society which was formed by the existing tenants of an owner who developed the property and then handed over the rights of ownership in the name of the society, by making conveyance deed ?
  2. Can wrongdoer take advantage of this bye-law to make membership for stilt parking  [ in above condition ] ?

 Or…. Can I use this bye-law, to convince the Deputy Registrar ?

  1. Could you please explain the meaning of words :

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 )

I C Naik

This bye-law is exclusively for housing society having building on a land given by the Collector on certain conditions for some specified people to have dwelling units thereon and not a builder has purchased from a private Party.

I hope this answers all your questions.

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