Penalty for Breach of Bye-laws

Q: Are the MCS Act forms free to download?

Yes. All 24 MCS Act Appendix forms are completely free to generate as PDFs on SocietySeWA. No login required to browse or download.

Q: What is eManager service by HPF?

eManager is HPF's fully remote society management service backed by 20+ practising advocates, handling all MCS Act compliance, AGM management, legal notices, registrar correspondence, and member management for Maharashtra co-operative housing societies.

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SocietySeWA serves co-operative housing societies across all of Maharashtra, with primary focus on Navi Mumbai, Mumbai, Pune, Thane, and Raigad districts.

Q: What is the sinking fund percentage for Maharashtra housing societies?

Minimum 0.25% per annum of each flat's construction cost, as certified by the architect at the time of construction. This is prescribed by Rule 106C-11(2) of the Maharashtra Co-operative Societies (Amendment) Rules 2026, effective 18 June 2026.

Q: What is the AGM quorum for a Maharashtra housing society?

Two-third of the total members or 20 members, whichever is less. Per Rule 106C-13(3)(e) of the Maharashtra Co-operative Societies (Amendment) Rules 2026.

Q: How does a Maharashtra housing society recover unpaid dues?

By filing Form Y-6 under section 154B-29 of the Maharashtra Co-operative Societies Act 1960, before the Joint/Deputy/Assistant Registrar of Co-operative Societies, with a court fee of ₹100. The Registrar issues a recovery certificate in Form Y-7, which is enforceable as arrears of land revenue under the Maharashtra Land Revenue Code 1966. No separate execution application is needed. Per Rule 106C-14 of the 2026 Amendment Rules.

Q: What are the registration fees for a Maharashtra housing society?

Under Rule 106C-3(2)(d) of the 2026 Amendment Rules: Tenant co-partnership up to 25 flats: ₹2,500; 26-50 flats: ₹5,000; 51-250 flats: ₹7,500; above 250 flats: ₹10,000. Backward class and Lok Awas Yojana societies: ₹50. Tenant ownership and other housing societies: ₹5,000.

Q: What is the maximum interest rate on defaulted maintenance dues?

The Maharashtra Co-operative Societies (Amendment) Rules 2026 cap interest on defaulted maintenance charges at 12% simple interest per annum (Rule 106C-12). The rate must be fixed by a general body resolution — the managing committee cannot unilaterally set a higher rate.

Official TextSelect & copy — link auto-added

165. (a) The General Body shall fix the penalty amount for breach of each provision of these bye-laws. (b) Where a Member commits a breach of any provision of these bye-laws, the Committee shall issue a show-cause notice to the Member. (c) The General Body shall hear the Member and, after giving him a reasonable opportunity of being heard, may impose a penalty not exceeding Rs. 5,000/- per financial year for each breach. (d) The penalty shall be recoverable as arrears of Society dues.

penalty breach bye-laws fine violation Rs 5000

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166. Amendment of Bye-laws

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