We are in a CHS in Mumbai and it is registered under the MCS Act 1960
Some residents are running beauty parlours in their flats. Is this commercial activity allowed as per the bye laws?
I C Naik
“The bye-laws of a cooperative society setting out the terms of membership to it, is a contract entered into by a person when he seeks to become a member of that society.” Supreme Court on 15 April 2005: [2005]RD-SC 253 in Zoroastrian Co-Operative Housing Society’s case.
When co-operators (from housing societies, mainly ) seeks guidance concerning bye-laws e.g.” Is this commercial activity allowed as per the bye laws?”
I don’t mind repetitive question on the same subject, as facts may vary a bit, but most unfortunate is what lies behind such question namely “A-Gyan” For example every member of housing Society signs a confirmation as under: I have gone through the registered bye-laws of the society and undertake to abide by the same with any modification the Registering Authority may make in them. Verify this on Page 61 of 2014 Model bye-laws on following URL: https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Model%20Bye%20Laws%20of%20Coop%20Housing%20Society%20New%20Flatowner%20Type%20(2-9-14).pdf
Every member has a right to look at bye-laws free of costs by visiting the Office of the Society with prior appointment. By spending Rs 100 or so, a member can take a certified copy home. Once I asked in a meeting of Committee of a housing society as to how many members have seen registered bye laws of the Society? NONE. Is it not stunning?
So I have now decided that a member’s question will be responded to, in cases where a questioner confirms tat he has tried to find answer in hos society’s registered bye laws but did not reach a definitive answer.
If a member wants an answer on the basis of my assumption as to what his bye-laws may have provided he will get answer subject to risks of accuracy as also after he deposits Rs 100 per question in advance.