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← Draft Bye-laws 2026 / Ch.7: Membership, Nomination and Recording of Nomination/#25

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 25Ch.7 · Membership, Nomination and Recording of Nomination

Associate 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) Any person as defined in Section 154B-1(18)(a) of the Act may apply for admission as an Associate Member of a Member in the prescribed form, along with the written recommendation or consent of such Member.

(b) (ii) An Associate Member may be admitted by the Committee subject to the provisions of the Act, the Rules and these Bye-laws.

(c) (iii) The recommendation or consent given by the Member may be revoked by him at any time by giving a written intimation to the Society, and upon such revocation, the Associate Membership shall cease.

(d) (iv) An Associate Member shall also cease to be such upon the resignation, cessation or death of the Member who has recommended or consented to his admission, or upon the resignation or death of the Associate Member.

(e) (v) An Associate Member shall exercise only such rights and discharge such duties as are specifically conferred under the Act, the Rules and these Bye-laws.

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26. Transfer of Shares and Interest During the Lifetime of a Member

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