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← Draft Bye-laws 2026 / Ch.7: Membership, Nomination and Recording of Nomination/#21

Draft

Draft — not yet finally notified. Once officially notified, your society must formally adopt these bye-laws via a resolution passed in its General Body Meeting (GBM) before they replace your existing 2014 bye-laws. This draft has been shared by the Co-operative Department for public consultation — you can submit suggestions via email at coophsgmodelbyelaws@gmail.com before the deadline of 27th August 2026.

Bye-law 21Ch.7 · Membership, Nomination and Recording of Nomination

Classes of Members

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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.

Existing — carried forward from 2014

Draft TextSelect & copy — link auto-added

The membership of the Society shall consist of the following classes only:—

(a) (i) Member. A person admitted as a Member of the Society in accordance with the provisions of the Act, the Rules and these Bye-laws.

(b) (ii) Joint Member. A person who jointly holds the shares and interest in the capital/property of the Society together with another Member, and whose name is entered jointly in the records of the Society in accordance with the Act, the Rules and these Bye-laws.

(c) (iii) Associate Member. A person admitted as an Associate Member in accordance with Section 154B-1(18)(a) of the Act, the Rules and these Bye-laws.

(d) (iv) Provisional Member. A person admitted as a Provisional Member in accordance with Section 154B-1(18)(b) of the Act, the Rules and these Bye-laws.

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20. Investment of Funds

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22. Eligibility for Membership

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