Management of Co-operative Housing Societies Law, Practice and Procedure

PART 3

«     Salient Features of The New Model Bye-laws

(1)   Revised Bye-laws are common for all the three types of societies;

      {i} Flats Owner Type

     {ii}Open Plot type

       {iii} Tender Societies including MHADA and Slum Redevelopment Project Societies & Premises Co-operative Societies having commercial units and residential units.

(2)   Revisions of & addition of the following definitions clarify all common doubts:

{A} Revision of the following definitions:

(1)   ‘Flats’ Now includes – Coaching Classes, “Parna Ghar” & Beauty Parlour.

(2)   ‘Family’ – In the earlier Bye-laws, family was defined differently for (a) Admission of membership, (b) Recovery of Non-occupancy charges.

In the revised Bye-law No.3 (xxv), the definition of“Family” is widened and includes Daughter-in-law, Son-in-law & grandsons/granddaughters.

      {B} Addition of the following definitions:

(1)   Bye-law No.3 (xviii) – Major Repair Fund – clarifies and includes plastering, building of compound wall, pavement, total painting & reconstruction.

(2)   Bye-law No.3 (xx) – Open Space means an area forming an integral part of the site left open to the sky.

(3)   Bye-law No.3 (xxi) – Open terrace means terraces which are otherwise not in the exclusive possession of any of the members.

{4} Common Areas and Facilities means

(a)    The land on which the building is located;

(b)   The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes and entrances and exist of the building;

(c)    The basements, cellars, yards, gardens, parking areas (unless not specifically sold), and storage spaces;

(d)   The premises for the lodging of janitors or persons employed for the management of the property;

(e)    Installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and generators.

(f)    The elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;

(g)   Such community and commercial facilities as may have been provided for;

(h)   All other parts of the property necessary as may have common use.