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← Draft Bye-laws 2026 / Ch.7: Membership, Nomination and Recording of Nomination/#24

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 24Ch.7 · Membership, Nomination and Recording of Nomination

Joint Member

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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

(a) (i) Where the shares, right, title and interest in the flat/unit are held jointly by two or more persons, they may apply for admission as Joint Members of the Society in the prescribed form.

(b) (ii) The person whose name appears first in the registered document of title and in the Share Certificate shall be deemed to be the Member of the Society for all purposes under the Act, the Rules and these Bye-laws.

(c) (iii) The remaining joint holder or holders may be admitted as Joint Members of the Society.

(d) (iv) A Joint Member shall exercise such rights and discharge such duties and obligations as are provided under the Act, the Rules and these Bye-laws.

(e) (v) Unless otherwise provided under the Act, the Rules or these Bye-laws, any notice or communication served upon the first holder shall be deemed to have been duly served upon all the Joint Members.

(f) (vi) On the death, resignation, cessation or transfer of the first holder, the rights and liabilities of the Joint Member or Joint Members shall be governed by the provisions of the Act, the Rules and these Bye-laws relating to transfer of membership and transfer after death.

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