Housing Society Knowledge Centre
Practical guidance on the Model Bye-Laws of the Maharashtra Co-operative Societies (MCS) Act — written in plain language for committee members and flat owners.
Showing 31 of 31 topics
- 1Any person who is competent to contract under the Indian Contract Act, 1872 can apply for membership.
- 2The applicant must purchase at least one share of the society (typically ₹50 per share).
- 3A person who is an undischarged insolvent or has been convicted of certain offences cannot be a member.
- 4A flat buyer becomes a provisional member from the date of possession and a full member after the society passes a resolution.
- 5Membership cannot be denied without a valid reason — if the committee fails to decide within 3 months, the application is deemed accepted.
- 6Joint membership is allowed — up to two persons can jointly hold a flat, but only the first named person has voting rights.
- 7A firm, company, or HUF can also be a member, with one authorised representative exercising rights.
📖 Reference: Bye-Laws No. 5–19 | Section 22, MCS Act 1960
Need help with this? Book a consultation →- 1A nominee is the person the member registers with the society to receive the flat after death — the society transfers membership to the nominee.
- 2However, a nominee does NOT automatically become the legal owner of the flat. They hold it as a trustee for the legal heirs.
- 3Legal heirs (as per the deceased's will or succession laws) can claim their rights over the property from the nominee.
- 4The society's duty is only to transfer membership — disputes between nominee and heirs are settled in civil court.
- 5Every member should register a nominee with the society. If no nominee is registered, the society follows a defined succession protocol.
- 6Nomination can be changed by giving written notice to the society at any time during the member's lifetime.
📖 Reference: Bye-Laws No. 32–36 | Section 30, MCS Act 1960
Need help with this? Book a consultation →- 1A member wishing to sell/transfer their flat must first inform the society in writing and obtain a No Objection Certificate (NOC).
- 2The society must process the transfer within 3 months of receiving a complete application — delay beyond this is actionable.
- 3Transfer charges: Societies can charge a maximum of ₹25,000 as transfer premium (as per Government Circular dated 9 August 2001 under Section 79A, MCS Act). This cannot be increased arbitrarily.
- 4The society is entitled to recover all dues (maintenance arrears, etc.) before issuing an NOC.
- 5The incoming purchaser must apply for membership within 6 months of purchasing the flat.
- 6The society cannot refuse transfer without a legally valid reason — refusal must be communicated in writing with reasons.
- 7If the transfer is between family members (spouse, children, parents, siblings), reduced charges may apply as per society bye-laws.
📖 Reference: Bye-Laws No. 37–42 | Section 29, MCS Act 1960
Need help with this? Book a consultation →- 1The AGM must be held within 6 months of the close of the financial year (i.e., by 30th September for a March year-end).
- 2Notice of the AGM must be given at least 14 clear days before the meeting date.
- 3The agenda must include: reading and adoption of previous AGM minutes, accounts for the year, maintenance charges for next year, election of auditor, and any other business.
- 4Quorum for an AGM is 2/3rd of the total members, or 20 members — whichever is less. If quorum fails, the meeting is adjourned and re-scheduled; at the adjourned meeting there is no quorum requirement.
- 5Members can raise any matter under "Any Other Business" with the chairman's permission.
- 6The committee must prepare and present audited accounts before the AGM.
- 7If the committee fails to hold an AGM, any member can file a complaint with the Registrar, who can direct or conduct the meeting.
📖 Reference: Bye-Laws No. 95–110 | Section 75, MCS Act 1960
Need help with this? Book a consultation →- 1The Managing Committee may call an SGM whenever a matter of urgency arises that cannot wait for the AGM.
- 2Members can also requisition an SGM — at least 1/5th of the total members must sign the requisition in writing.
- 3The committee must call the SGM within one month of receiving the requisition.
- 4If the committee fails to call the SGM, the requisitioning members can call it themselves after giving notice to the society.
- 5Notice for an SGM must be given at least 8 clear days in advance (vs. 14 clear days for an AGM) as per Model Bye-Laws 2014.
- 6The agenda of the SGM is fixed — only items mentioned in the notice can be discussed and voted on.
- 7Quorum for an SGM is the same as for an AGM.
📖 Reference: Bye-Laws No. 111–120 | Section 75, MCS Act 1960
Need help with this? Book a consultation →- 1A CHS Managing Committee must have a minimum of 5 members and a maximum of 9 (for societies with fewer than 200 members).
- 2The committee must have at least one member from any SC/ST/OBC category if such members are present in the society.
- 3The term of the committee is 5 years from the date of election.
- 4Office bearers (Chairman, Secretary, Treasurer) are elected by the committee from amongst themselves — not directly by members.
- 5The committee can incur expenses up to a limit set by the general body — beyond this, general body approval is needed.
- 6Committee meetings must be held at least once a month (Bye-Law 130, Model Bye-Laws 2014). Decisions are by majority vote.
- 7A committee member who misses 3 consecutive meetings without leave is automatically disqualified.
- 8No close relatives (spouse, children, parents, siblings) can simultaneously serve on the same managing committee.
📖 Reference: Bye-Laws No. 115–145 | Sections 73–74, MCS Act 1960
Need help with this? Book a consultation →- 1Elections must be conducted by the Maharashtra State Co-operative Election Authority (MSCEA) — societies cannot conduct their own elections.
- 2The election schedule is set by the MSCEA and the society must pay the prescribed fee.
- 3Only members who are fully paid up (no dues) and whose name appears on the electoral roll are eligible to vote.
- 4Voting is by secret ballot. Each member gets one vote regardless of the number of flats owned.
- 5A member who owes more than 3 months' maintenance charges to the society is disqualified from contesting.
- 6Election disputes must be filed with the Co-operative Court within one month of the declaration of results.
- 7If elections are not held in time, the Registrar can appoint an Administrator to manage the society.
📖 Reference: Bye-Laws No. 146–165 | Section 73A, MCS Act 1960
Need help with this? Book a consultation →- 1Maintenance charges are decided by the general body at the AGM — the committee cannot unilaterally increase them.
- 2As per GR dated 2010, maintenance must be charged on the carpet area basis — not the super built-up area.
- 3The standard components are: service charges (common area maintenance), repair fund (0.75% of construction cost p.a.), sinking fund (0.25% of construction cost p.a.), water charges (actual basis), parking charges, and non-occupancy charges.
- 4Non-occupancy charges apply when a flat is rented out — maximum 10% of the service charges can be levied as non-occupancy charge.
- 5Late payment interest: societies can charge simple interest at a rate approved in the AGM (typically 21% p.a.) on delayed payments.
- 6Defaulters can be taken to the Registrar for recovery — dues are recoverable as arrears of land revenue.
- 7Members cannot be denied essential services (water, lift) for non-payment — this is illegal under the MCS Act.
📖 Reference: Bye-Laws No. 66–80 | GR dated 01/02/2010
Need help with this? Book a consultation →- 1Repair & Maintenance Fund: Collected at 0.75% of the construction cost p.a. — meant for ongoing repairs to the building.
- 2Sinking Fund: Collected at 0.25% of the construction cost p.a. — a long-term fund for major structural repairs or reconstruction.
- 3Both funds must be kept in separate bank accounts — they cannot be mixed with the general maintenance fund.
- 4The Sinking Fund can only be used with prior approval of the General Body (and in some cases, the Registrar).
- 5The construction cost for calculation purposes is updated periodically by the government — societies should use the latest approved rate.
- 6If a society faces reconstruction, the Sinking Fund is a key resource — its use requires General Body approval and, for major reconstruction, Registrar sanction under the Model Bye-Laws.
- 7Misuse of the Sinking Fund by committee members is a punishable offence.
📖 Reference: Bye-Laws No. 70–73 | Section 79A, MCS Act 1960
Need help with this? Book a consultation →- 1The accounts of the society must be audited within 6 months of the close of the financial year.
- 2Only auditors on the panel of the Registrar of Co-operative Societies are authorised to audit CHS accounts.
- 3The auditor is appointed at the AGM by the members — the committee cannot appoint auditors on its own.
- 4The audit report must be presented to the members at the next AGM and a copy filed with the Registrar.
- 5If a society fails to get its accounts audited for 2 consecutive years, the Registrar can appoint a government auditor at the society's cost.
- 6The audit includes checking financial records, fund usage, committee resolutions, and compliance with bye-laws.
- 7Members have the right to inspect the audited accounts — the society cannot deny this.
📖 Reference: Bye-Laws No. 85–92 | Section 81, MCS Act 1960
Need help with this? Book a consultation →- 1A member must inform the society within 8 days of renting out their flat — this is mandatory under the bye-laws.
- 2The society cannot prevent a member from renting out their flat, but it can levy a non-occupancy charge (up to 10% of service charges).
- 3The tenant must submit a declaration form (Form K) to the society with details of identity and the leave-and-licence agreement.
- 4A copy of the leave-and-licence agreement must be submitted to the local police station under Maharashtra Rent Control rules.
- 5The member (not the tenant) remains responsible for all dues to the society — the tenant cannot be held directly liable.
- 6The society has the right to take action against the member if the tenant causes a nuisance or violates bye-laws.
- 7A Permanent Alternate Member (PAM) arrangement can be made for family members who are not co-owners.
📖 Reference: Bye-Laws No. 43–47 | Section 25, MCS Act 1960
Need help with this? Book a consultation →- 1Parking spaces in a CHS are common property of the society — no individual member owns a parking spot.
- 2The Managing Committee allots parking spaces and can change allotments based on need or waiting list.
- 3Parking charges must be approved by the general body and applied uniformly — discrimination is not permitted.
- 4Stilt parking, open parking, and covered parking are treated differently and may have different charges.
- 5As per the Supreme Court ruling, builders cannot sell parking spaces — only society members can be allotted them.
- 6If a member claims exclusive ownership of a parking space based on builder's agreement, the society can challenge this.
- 7Disputes about parking allotment are resolved by the Co-operative Court or the Conciliation Board.
📖 Reference: Bye-Laws No. 60–65 | Supreme Court: Nahalchand Laloochand vs. Panchali CHS
Need help with this? Book a consultation →- 1Under the Maharashtra Ownership Flats (Regulation) Act (MOFA), the builder is legally required to execute a Conveyance Deed in favour of the society within 4 months of formation.
- 2Most builders delay or refuse this — Deemed Conveyance allows the society to apply to the District Deputy Registrar to get the conveyance done without the builder's co-operation.
- 3Without conveyance, the society cannot make structural decisions, FSI use, or reconstruction independently.
- 4The application for Deemed Conveyance must be made by the society's managing committee, supported by member resolutions.
- 5Required documents include: index of registered agreements, occupation certificate, property card, 7/12 extract, building plans, and list of members.
- 6Once the Deemed Conveyance order is issued, the society becomes the legal owner of the land and building.
- 7This is one of the most important legal steps a CHS can take — Puranik & Associates actively assists societies with this process.
📖 Reference: Section 11, MOFA | Section 10A, Maharashtra Ownership Flats Act
Need help with this? Book a consultation →- 1Redevelopment requires two SGMs: the first (quorum: 3/4 of members) passes the redevelopment resolution by 51% of quorum present; the second (quorum: 2/3 of members) appoints the developer by 51% of quorum present. Separately, written consent from at least 75% of members is required before the Development Agreement is executed.
- 2The society must appoint a Project Management Consultant (PMC) to represent members' interests — not the developer.
- 3A Registered Valuer must assess the current value of the property before any developer negotiations.
- 4The developer must be selected through a transparent tender process — direct negotiations without a tender are irregular.
- 5The agreement with the developer must be registered and must include clauses for corpus fund, rent, relocation, and timelines.
- 6Members who do not consent (minority) cannot block redevelopment if 75% approval is obtained — courts have consistently upheld this.
- 7During redevelopment, the developer is responsible for alternate accommodation or rent for displaced members.
- 8The Registrar's prior approval and a formal NOC from the municipality are required before demolition begins.
📖 Reference: Bye-Laws No. 168A | GR dated 03/01/2009, Housing Department
Need help with this? Book a consultation →- 1Right to inspect: Any member can inspect the books, accounts, and records of the society during office hours.
- 2Right to information: Members can demand a copy of the bye-laws, AGM minutes, annual accounts, and audit reports.
- 3Right to vote: Every member (with no dues) has one vote in general body meetings regardless of flat size.
- 4Right to contest elections: Every eligible member can stand for committee elections.
- 5Right to grievance: Members can file complaints with the Registrar if the committee is not functioning properly.
- 6Right to essential services: Water, lift, and common area access cannot be denied even for dues — illegal denial is punishable.
- 7Right to flat access: The committee cannot lock or seal a member's flat under any circumstance — only a court order permits this.
📖 Reference: Bye-Laws No. 20–30 | Sections 25, 32, MCS Act 1960
Need help with this? Book a consultation →- 1Pay maintenance charges and all dues to the society on time.
- 2Not make any structural alterations to the flat without prior written permission from the Managing Committee.
- 3Not use the flat for purposes other than residential (unless the society's bye-laws permit commercial use).
- 4Inform the society of any change in the occupant's details — tenants, caretakers, domestic staff.
- 5Maintain the flat in a manner that does not damage the building structure or harm other members.
- 6Attend general body meetings and participate in the governance of the society.
- 7Not encroach on common areas, terraces, staircases, or parking spaces not allotted to the member.
- 8Adhere to the house rules framed by the Managing Committee within the limits of the bye-laws.
📖 Reference: Bye-Laws No. 55–65 | Sections 25–28, MCS Act 1960
Need help with this? Book a consultation →- 1Disputes between members, or between members and the society, must first be referred to the Registrar under Section 91 of the MCS Act.
- 2The Registrar can refer the matter to the Co-operative Court or settle it through conciliation.
- 3The Co-operative Court has exclusive jurisdiction over disputes arising from the MCS Act — Civil Courts cannot entertain such disputes directly.
- 4Common disputes include: maintenance dues recovery, election disputes, denial of NOC, parking allotment, and committee misconduct.
- 5The Conciliation & Arbitration Board is a faster, lower-cost alternative to the Co-operative Court for many disputes.
- 6Members can also file a complaint with the Divisional Joint Registrar for committee misconduct or mismanagement.
- 7In urgent cases (e.g., illegal lockout, denial of water), members can approach the District Registrar for interim relief.
📖 Reference: Sections 91–98, MCS Act 1960 | Co-operative Courts Rules
Need help with this? Book a consultation →- 1Terraces, staircases, gardens, lobbies, and open spaces are common property — no individual member can claim exclusive use.
- 2The Managing Committee can frame rules for use of the terrace (e.g., drying clothes, antenna installation, gardening).
- 3Mobile tower installation on the terrace requires General Body approval — not just committee approval — and the income accrues to the society.
- 4Members encroaching on common areas can be asked to remove encroachments. If they fail, the society can do so at the member's cost.
- 5Structural work on the terrace (even for drainage or waterproofing) must be done by the society, not individual members.
- 6Dumping of garbage, building materials, or personal belongings in common areas is a bye-law violation.
- 7CCTV cameras in common areas are permitted and the society retains the footage — members can request access for grievance purposes.
📖 Reference: Bye-Laws No. 55–62 | Building Control Rules, Maharashtra
Need help with this? Book a consultation →- 1The structure of the building (columns, beams, slabs, external walls, common drains) is the society's responsibility.
- 2Internal fittings, fixtures, tiles, plumbing within the flat, and internal electrical wiring are the member's responsibility.
- 3If a member's flat is damaged due to a structural defect in the building, the society is liable for repairs.
- 4The society must maintain the building in a state of good repair using the Repair Fund — failure to do so is negligence.
- 5In buildings older than 30 years, a Structural Audit is mandatory every 5 years and the report must be acted upon.
- 6If a member carries out any repair that causes damage to another flat, the member is personally liable.
- 7Emergency repairs (e.g., a burst water main) can be sanctioned by the committee without a general body meeting.
📖 Reference: Bye-Laws No. 155–162 | Section 79, MCS Act 1960
Need help with this? Book a consultation →- 1Every member must be issued a share certificate within 6 months of admission to membership.
- 2The share certificate is not the same as the title deed — it proves membership, not ownership of the flat (that is established by the registered sale agreement and possession letter).
- 3If a share certificate is lost, the member must give a public notice in a newspaper and file an indemnity bond with the society before a duplicate is issued.
- 4The share certificate must be updated every time there is a change in membership (transfer, death, addition of joint member).
- 5Banks often require the share certificate for housing loan purposes — the society is obligated to provide it.
- 6The share certificate must bear the signatures of two committee members (usually Chairman and Secretary) and the society's stamp.
- 7A lien on the share certificate can be noted if the member takes a loan from the society.
📖 Reference: Bye-Laws No. 20–28 | Section 26, MCS Act 1960
Need help with this? Book a consultation →- 1Expulsion is an extreme measure and can only be done by a resolution of the General Body (not the committee alone).
- 2Grounds for expulsion include: persistent default in payment of dues, working against the interests of the society, or conduct prejudicial to the proper working of the society.
- 3Before any expulsion resolution, the member must be given a notice and an opportunity to be heard.
- 4The expulsion resolution must be passed by a 2/3rd majority of members present and voting at the SGM.
- 5The expelled member can appeal to the Registrar within 2 months of expulsion.
- 6Expulsion does not mean the member loses ownership of the flat — it only removes membership rights (voting, committee eligibility).
- 7In practice, expulsion is rare — recovery of dues is more commonly pursued through the Co-operative Court.
📖 Reference: Bye-Laws No. 48–54 | Section 35, MCS Act 1960
Need help with this? Book a consultation →- 1Register of members — with names, flat numbers, dates of admission, share certificate numbers.
- 2Minutes books of all General Body meetings and Managing Committee meetings.
- 3Cash book, ledger, and all financial records including receipts and payment vouchers.
- 4Register of shares (share ledger) tracking all transfers and changes.
- 5Correspondence file — all written communications in and out of the society.
- 6Register of properties — details of all assets owned by the society.
- 7Records must be preserved for a minimum of 8 years — older records may be destroyed only with proper sanction.
- 8Any member can inspect these records during office hours after giving notice — the committee cannot refuse without valid reason.
📖 Reference: Bye-Laws No. 175–185 | Section 79, MCS Act 1960
Need help with this? Book a consultation →- 1Property tax on individual flats is the responsibility of each flat owner — not the society.
- 2The society pays property tax on common areas (office, gym, garden, etc.) from the maintenance fund.
- 3Water connection charges for the building are paid by the society — individual consumption may be metered or charged on area basis.
- 4Electricity for common areas (lifts, pumps, lighting) is the society's expense — flat electricity is the member's own.
- 5If a member fails to pay property tax and the municipality issues a notice to the society, the society can recover the dues from the member.
- 6The society must obtain an Occupation Certificate (OC) and ensure all municipal permissions are in order — this is a collective obligation.
- 7Societies can negotiate bulk water and electricity connections to reduce per-unit costs for members.
📖 Reference: Bye-Laws No. 68–80 | Municipal Corporations Act, Maharashtra
Need help with this? Book a consultation →- 1All societies registered before 2014 must adopt the new Model Bye-Laws by passing a resolution at the SGM with a 2/3rd majority.
- 2Key changes in 2014 bye-laws: committee term increased from 3 to 5 years, elections mandated through MSCEA, stronger member rights.
- 3Non-occupancy charges capped at 10% of service charges (earlier societies sometimes charged more).
- 4Maintenance charges calculation basis clarified as carpet area (not built-up or super built-up).
- 5New provisions on Deemed Conveyance, redevelopment, and structural audit added.
- 6Committee members with dues are now specifically disqualified from contesting elections.
- 7Societies not adopting the new bye-laws may face difficulties in getting Registrar approvals and resolving disputes.
📖 Reference: GR dated 14/02/2014 | Model Bye-Laws 2014, Co-operation Department
Need help with this? Book a consultation →- 1If the builder fails to execute the Conveyance Deed within the stipulated time, the society can apply to the District Deputy Registrar (DDR) for Deemed Conveyance.
- 2The society must file Form 7 along with supporting documents with the DDR's office.
- 3A hearing is held where both the society and the builder are called to present their case.
- 4If the builder does not co-operate, the DDR can pass an order declaring that Deemed Conveyance has occurred.
- 5The order is then registered as a Conveyance Deed at the Sub-Registrar's office.
- 6Common builder objections include: unpaid dues by members, pending construction, or disputed land boundaries — these must be addressed during the hearing.
- 7Once Deemed Conveyance is obtained, the society can update the property card (7/12) in its own name.
📖 Reference: Section 11, MOFA | Deemed Conveyance Rules 2010, Maharashtra
Need help with this? Book a consultation →- 1A cooperative housing society cannot impose a blanket ban on pets — the Bombay High Court and Animal Welfare Board of India have held that keeping pets is a fundamental right of residents.
- 2Societies can, however, frame reasonable regulations: leashing pets in common areas, restricting access to lifts at certain times, and requiring vaccination certificates.
- 3Society bye-laws cannot override the Prevention of Cruelty to Animals Act, 1960 — any rule that mandates abandonment or harm to animals is unenforceable.
- 4Pet owners are responsible for any damage caused by their pets to common property or other members — the society can recover costs.
- 5Nuisance caused by a pet (excessive noise, fouling common areas) is a bye-law violation by the owner and can be addressed through a notice.
- 6The society can require pet owners to register their pets and submit vaccination records annually.
- 7Disputes about pets should be addressed through the society's internal grievance process first — escalation to the Registrar or Co-operative Court is an option if unresolved.
📖 Reference: Bombay HC: Hiralal Bhagwati v. CHS | Animal Welfare Board of India Guidelines 2015
Need help with this? Book a consultation →- 1Minor interior changes (painting, flooring, internal partitions using non-structural materials) generally do not require the society's permission.
- 2Any work that involves drilling into, cutting, or altering structural elements — columns, beams, load-bearing walls, slabs — requires prior written permission from the Managing Committee.
- 3The committee may require a structural engineer's certificate before granting permission for significant alterations.
- 4Noise from renovation work must comply with the society's house rules — typically restricted to daytime hours on working days.
- 5Wet work (demolition, concreting, plumbing changes) that may affect waterproofing of the slab requires formal committee approval and an indemnity undertaking.
- 6If renovation work damages an adjacent flat or common area, the owner is personally liable for repair costs.
- 7The society can direct stoppage of unauthorised work and, if ignored, can report the violation to the local municipal authority for enforcement.
📖 Reference: Bye-Laws No. 55–60 | DCPR 2034 (Mumbai), UDCPR (Maharashtra)
Need help with this? Book a consultation →- 1Every cooperative housing society is required under the MCS Act and Model Bye-Laws to take out a Standard Fire and Special Perils insurance policy for the building.
- 2The building insurance covers the structure and common areas against fire, flood, earthquake, lightning, and related perils — it does not cover the contents of individual flats.
- 3The sum insured must reflect the reinstatement value of the building (cost to rebuild), not the market value — these are very different figures.
- 4Members' personal belongings, furniture, electronics, and jewellery are not covered by the society's policy — each member should take a separate home contents insurance policy.
- 5Terrorism cover is optional but advisable for buildings in urban centres — it must be explicitly added to the policy.
- 6The insurance premium is a legitimate society expense and is typically recovered through maintenance charges.
- 7In the event of a claim, the society must lodge an FIR (for theft/damage) and notify the insurer within 24–48 hours — delayed reporting can invalidate the claim.
📖 Reference: Bye-Laws No. 155–162 | Section 79, MCS Act 1960 | Insurance Act 1938
Need help with this? Book a consultation →- 1All residential buildings above 15 metres in height (generally above 4 floors) must obtain a Fire NOC from the local fire department.
- 2The society must install and maintain fire safety equipment: fire extinguishers (refilled annually), fire hydrant systems, hose reels, smoke detectors, and emergency lighting.
- 3A fire escape plan must be displayed on each floor. Emergency exits must be kept unobstructed at all times — storing items in stairwells is a fire safety violation.
- 4A fire safety audit must be conducted annually by a licensed fire safety consultant and the report must be submitted to the local fire brigade.
- 5The society must conduct a fire drill at least once a year — the managing committee is responsible for organising this.
- 6Committee members can be held personally liable for injury or death resulting from fire safety negligence.
- 7Installation of solar panels, DG sets, or EV charging stations must factor in fire safety requirements — obtain specialist clearance before installation.
📖 Reference: Maharashtra Fire Prevention and Life Safety Measures Act 2006 | NBC 2016
Need help with this? Book a consultation →- 1NOC for flat sale/transfer: Required before the buyer can be admitted as a member. The society must issue it within 3 months of a complete application.
- 2NOC for home loan: Banks require a society NOC confirming that the member has no dues and the flat has no encumbrance recorded by the society.
- 3NOC for subletting: Some societies require an NOC before a flat is rented out — check your society's bye-laws.
- 4NOC for renovation: Required for any structural work. The committee must respond within a reasonable time — delays can be challenged.
- 5The society cannot charge more than the prescribed fee for issuing an NOC — demanding unofficial payments is illegal.
- 6The society cannot refuse an NOC solely because of a personal dispute with the member — refusal must be based on documented, valid grounds (outstanding dues, pending dispute).
- 7If the society refuses or delays an NOC without valid reason, the member can file a complaint with the Registrar or approach the Co-operative Court for relief.
📖 Reference: Bye-Laws No. 37–42 | Sections 29–30, MCS Act 1960
Need help with this? Book a consultation →- 1Short-term rentals (stays of less than 30 days) through platforms like Airbnb or OYO are not governed by the Maharashtra Rent Control Act — they fall under the tourist accommodation rules.
- 2Most CHS bye-laws prohibit use of flats for commercial or hotel-like purposes — short-term rental may violate this provision.
- 3The society can pass a resolution at the SGM explicitly prohibiting short-term rentals, which then becomes part of the house rules.
- 4If a member lists their flat for short-term rental, the society can issue a notice citing bye-law violation and may levy a penalty as per the approved penalty schedule.
- 5Guests from short-term rentals must still follow police registration norms — the member/host is responsible for ensuring Form C registration for foreign nationals.
- 6The society is entitled to levy non-occupancy charges for any period the flat is occupied by non-members, including short-term guests.
- 7This is an evolving area of law — members considering short-term rental should check their society's specific bye-laws and consult a legal advisor.
📖 Reference: Bye-Laws No. 43–47 | Maharashtra Tourism Policy | Maharashtra Police Act
Need help with this? Book a consultation →⚠️ Disclaimer
This knowledge centre is for general awareness and educational purposes only. While every effort is made to ensure accuracy, the bye-laws and government resolutions are subject to amendment. For specific legal or compliance advice, please consult a qualified professional or contact Puranik & Associates directly.