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Law as on 10 September 2026Edition 1.0

Everything a housing society Secretary must do, file, sign and refuse

The Secretary's Shield — Everything a housing society Secretary must do, file, sign and refuse

A housing society in Maharashtra is run, in practice, by its Secretary. The notice, the register, the reply to the Registrar, the letter to the member who wants something he may not have — those come from the Secretary's desk, over the Secretary's signature. This is the book for that desk: what is due and when, how each job is done, and what you may say no to — with the provision beside every line.

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The Secretary's Shield — cover

Which of these is on your desk today?

Each one is answered in two lines here, and in full — with the letter, the register entry and the resolution — inside.

A member has died — the nominee says the flat is now his

It is not, yet. The nominee is admitted as a provisional member on Form Y-4 with an indemnity bond; the flat transfers only on the succession documents. The letter that says so, politely, is inside.

s.154B-13 · r.106C-6 · MBL 35Inside: C-6 · B4 · R-9

Buyer wants the flat transferred today; seller says he will clear dues later

No transfer takes effect until the society's dues are paid and the bye-law 38(e) set is complete. Refuse the missing step, not the sale — the operative paragraph is written for you.

s.154B-7 · s.154B-12 · MBL 38(e), 27(b)Inside: C-1, C-2 · B5

The bank is asking for the society's NOC for a sale

No NOC is needed for a transfer. Where one is applied for, the committee considers it on merit within a month. The reply is an explanation, not a refusal.

MBL 38(d) · s.154B-27(3)Inside: C-3

A member wants to see another member's file and dues

A member inspects, free, what s.154B-8(1) lists — the Act, Rules and bye-laws, the last audited accounts, the committee list, the register of members, the minutes, and the books so far as they concern his own transactions — not another member's papers. Copies within 45 days of the fee.

s.154B-8(1),(2) · MBL 23, 170Inside: C-9, C-10 · B7

Interest on arrears — the bye-law says 21%, the member says waive it

Since 22 June 2026 interest may not exceed 12% simple, and the rate must be resolved by the general body — then charged uniformly. Neither the Secretary nor the committee can waive it for one member.

r.106C-12(4) · MBL 71Inside: C-27 · R-14

Someone wants defaulters' names on the notice board and the WhatsApp group

May refuse to publish, and should — the bye-laws give a demand-and-recovery route, not a naming route, and a published list invites a defamation claim against the office bearers personally. The reply letter and the messaging-group policy resolution are inside.

MBL 70 · s.154B-29Inside: C-13 · R-17

Committee meeting notice, quorum and minutes — what is the actual rule?

At least once a month, three clear days' notice from the Secretary, quorum checked before every item, minutes in the book within the timetable. One page, one route map, with the MC-series formats.

MBL 126, 131, 135Inside: B1 · MC-1 to MC-6

A member has let the flat and says he will inform the society later

No permission is needed for the letting — but the intimation must reach the society eight days before the occupant moves in, with the leave-and-licence agreement and the police intimation, and non-occupancy charges at 10% of service charges follow. What to ask for, and the letter.

MBL 43(1),(2) · r.106C-12Inside: C-19 · B8

Balcony enclosed, grill on the outer wall, scooter in the corridor

No addition or alteration without the committee's prior written permission; parking only under the rules the general body adopted; nothing stored in the common passage — and change of use or encroachment attracts five times the monthly charges. A letter for each.

MBL 46(a),(b) · 78 · 168(a) · 48Inside: C-21 to C-25 · R-31, R-32

Which dates can land on ME personally, not the society?

Five: the AGM by 30 September, the annual returns, Form O within three months of the audit report, informing the Election Authority six months before the term ends, and handing over on election. Each with what follows.

s.75(5) · s.79 · s.82(4) · s.73CB(14)(a) · s.160Inside: Part D

The AGM was not held by 30 September — what now?

The Registrar may call it himself and order the cost paid by the officers responsible; after a show-cause the person responsible may be disqualified from office for up to five years. The extension application and the recovery of the position are inside.

s.75(1) proviso · s.75(5)Inside: Part D · R-28

Repairs above the committee's limit — who sanctions?

The 2026 Rules fix the committee's one-time ceiling by society size, ₹1 lakh to ₹5 lakh; above it the general body sanctions. The Secretary's inspection report, at least three quotations, the committee's decision — in that order.

MBL 155, 156 · r.106C-13(5)(b)Inside: B9 · C-28 · R-19

New Secretary — what do I do in the first fortnight?

Read the October page, the handover route map and the five dates. Take charge against the register list, sign the handover, and start the year where it actually is.

s.160 · MBL 140, 141Inside: A · B10 · HND-1, HND-2

A member wants a general meeting called on his letter alone

A requisition needs at least one-fifth of the members (or the Registrar or the federation); it goes before the committee within seven days and the meeting is called within one month. The reply letter and the SGM formats are inside.

MBL 96 · s.76(1)Inside: C-14 · B2 · R-12

Duplicate share certificate — the member lost it

Issue on the bye-law procedure: application, a copy of the police complaint, indemnity, committee resolution, the fee, and the endorsement in the register. Every step and the resolution are inside.

MBL 9(b) · 170(6)Inside: B6 · R-7

Two refusals and the wall chart — free

This is how every entry in Part C reads: the demand as it is made at the counter, what you may do, and the paragraph that goes in the letter. Read these two and the five dates, then decide.

C-2 — "I will clear the dues after the transfer goes through."

May refuse. No transfer of a member's shares or interest takes effect unless the society's dues are paid and the transferee acquires membership — and the transferor's resignation, which is part of the transfer set, cannot be accepted until the charges are paid in full. The undertaking on liabilities is for liabilities that arise later, not a substitute for payment now.

s.154B-7 · MBL 27(b) · 38(e)(iii),(vi)
The letter (operative paragraph)

The Society notes the outstanding charges of ₹____ against the flat as on ____. Under Section 154B-7 of the Act the transfer of your shares and interest cannot take effect until the dues of the Society are paid, and under bye-law No. 27(b) your resignation cannot be accepted until the charges payable are paid in full. On receipt of the outstanding amount, with interest to the date of payment, the transfer will be placed before the Committee.

C-27 — "Waive my interest — I was abroad."

May refuse; interest runs at the rate the general body resolved — bye-law 71's 21 per cent capped at 12 per cent simple by the 2026 Rules — uniformly. Only the general body can vary it. The letter: "Interest on the Society's charges in default is charged at the rate fixed by the General Body under bye-law No. 71, which since 22 June 2026 may not exceed twelve per cent simple per annum [Rule 106C-12(4)], and is charged uniformly on all Members. The Secretary and the Committee have no power to waive it in an individual case."

MBL 71 · r.106C-12(4)
The five dates that carry personal exposure

30 September — AGM not held: the Registrar may call it and order the cost paid by the officers responsible; after show-cause, disqualification for up to five years [s.75(1) proviso; s.75(5)]. 30 September — annual returns not filed [s.79(2),(3); s.146(g)]. Audit report + 3 months — Form O sent to neither the Registrar nor the AGM: disqualification up to five years [s.82(4)]. Six months before the term expires — Election Authority not informed: the committee ceases to hold office on expiry [s.73CB(14)(a)]. On election — records, property or funds not handed over: the Registrar may order delivery; disobedience is an offence; unaccounted money goes to a surcharge inquiry [s.160; s.146(j); s.88].

Part D — print this page

That is the register. The full product has every entry, every letter and every resolution behind it.

What is inside

  • Part A · The Secretary's Year — twelve months, one page each: what is due, by when, under which provision, and which format does it; plus the six things that run every month and the wall chart
  • Part B · The ten jobs — a one-page route map for each: the monthly committee meeting; the special general meeting; admitting a member; associate, joint and nominal members and nomination; a flat being sold; share certificates; registers and who may see what; dealing with the Registrar; members' communications and the WhatsApp rule; complaints; tenants; money with the Treasurer; repairs, contracts and vendors; handover
  • Part C · The Shield — the three questions that decide most refusals; thirty demands a Secretary may lawfully refuse and twelve he may not, each with the answer, the operative paragraph for the letter and the provision
  • Part D · Personal exposure — six failures and what follows each; the surcharge, explained
  • Part E · 88 formats and 40 resolutions — letters, notices, register entries and committee/general-body resolutions, coded and cross-referenced from every step in Parts A–C
  • Part F · Where the Shield stops — the situations that need a lawyer and what to bring; glossary; sources and verification
  • Updated to the MCS (Amendment) Rules, 2026 (in force 22 June 2026) and Chapter XIII-B of the Act; cited in the Registrar's English numbering of the 2014 model bye-laws with the printed/Marathi numbering explained
  • 191 A4 pages, large readable type, SocietySeWA lotus mark on every page · Pro tier adds 130 editable Word files

What it prevents

A transfer approved with dues outstandingThe society loses its charge over the arrears and the buyer inherits a dispute; the committee answers for it in the audit and to the Registrars.154B-7 · s.154B-12
A nominee treated as ownerThe legal heirs surface later with a succession certificate and the society has transferred a flat to the wrong persons.154B-13 · r.106C-6
The AGM, the returns or Form O missedPersonal disqualification from office for up to five years, cost orders against the officers responsibles.75(5) · s.79 · s.82(4)
Election Authority not informed six months before the term endsThe committee ceases to hold office on expiry and the Registrar steps ins.73CB(14)(a)
Interest charged above 12% or waived for one memberThe excess is unrecoverable and weakens the Form Y-6 application; the waiver is a surcharge riskr.106C-12(4) · s.88
A refusal given at the counter instead of in a letterThe version the member repeats to the Registrar is not the version you gave — and there is no copy on the filePart C, the three questions

Choose your copy

Every figure is the figure you pay — nothing is added at checkout.

Most societies pick this

English edition

The full handbook as a PDF — 190 pages

₹699
  • The Secretary's Year — twelve months in order
  • Ten route maps, one per job
  • Thirty refusals and twelve may-nots, each with its letter
  • 88 formats and 40 resolutions (PDF)
  • Free revised handbook when the bye-laws change
  • One year of free law-update digests

Pro — English + editable Word files

Every format and resolution as .docx, ready to fill

₹999
  • Everything in the English edition
  • 130 editable Word files — 88 formats, 40 resolutions, index
  • Letterhead, closing and blanks already laid out
  • Same free updates for a year

Want to edit the letters in Word instead of retyping them? Pro — English + editable Word files — ₹999 — includes every file as .docx.

Bought once, kept current

Bought once, kept current. When the Model Bye-laws change — the 2026 bye-laws are expected to replace the 2014 ones — you receive the revised handbook free, at the email you bought with. And for one year from purchase you receive free update digests whenever anything moves in the MCS Act, the Rules, the election rules or the bye-laws, and on major High Court and Supreme Court decisions that affect housing societies.

What you are paying for — and what is free

The Act, the Rules and the model bye-laws are free — on this site, in full, Marathi and English, and always will be. So are the appendix forms. What you are paying for is the judgement around them: the order things are done in, the step that is usually missed, the paragraph that goes in the letter, and the provision that lets you sign it without a lawyer reading it first. Two independent verification passes were run on this edition against the notified texts before it went on sale; the residues they found were fixed, and the Sources page says which items rest on secondary sources.

Do not buy this if…

  • ×you want the AGM itself — the notice, agenda, minutes, budget and annual returns are the AGM Toolkit 2026, and this book points to it wherever the AGM arises
  • ×you are a managing agent looking to resell or redistribute — the licence is to one society for its own use
  • ×you need a Marathi edition today — it is in preparation as a separate product; buyers of this edition will be told when it is ready
  • ×your society is not a co-operative housing society in Maharashtra (apartment condominiums under the MAOA are a different law)
  • ×you are already in recovery proceedings, a redevelopment dispute, an inquiry or litigation — those are where the book stops and a lawyer starts

Questions buyers ask

Is this the 2014 bye-laws or the 2026 draft?

The 2014 model bye-laws are the ones in force today, so the book cites them — in the Registrar's English numbering, with the printed/Marathi numbering explained. Where the 2026 Amendment Rules now override a bye-law (interest at 12%, the entrance fee, the committee's spending ceiling, quorum), the book follows the Rules and flags the difference. When the 2026 bye-laws are finally notified, the revised handbook comes to you free.

What exactly do I get after paying?

A download link on the screen and by email, live for a year. English edition: one PDF, 191 pages. Pro: the same PDF plus a ZIP of 130 Word files — every format and resolution, with the letterhead and blanks laid out. An invoice is issued automatically and attached to the delivery email; ask for it in your society's name and we reissue it.

Does the update promise really cover court decisions?

Yes — for one year from purchase you receive a digest whenever something moves in the MCS Act, the Rules, the election rules or the bye-laws, and when a High Court or Supreme Court decision changes how housing societies must act. The revised handbook on a bye-law change is free without a time limit.

Can one copy be used by the whole committee?

Yes. The licence is to your society, for its own use; the Secretary, Chairman, Treasurer and members of the committee may all use it. It may not be resold, redistributed or posted publicly.

Is it legal advice?

No. It is educational material published by SocietySeWA, written by two practising advocates and verified against the notified texts as on 10 September 2026. Every format is a model to be adapted to your society's registered bye-laws and the facts. Part F says exactly where it stops.

What if I lose the email?

Use "Resend my download link" on this page with the address you paid with, any time in the year. If a file does not open, write to support@societysewa.in and we re-send it first — all sales of digital downloads are final.

Marathi edition?

In preparation as a separate product at the same price, with its own Pro tier. Buyers of the English edition will be told first when it ships.

Where this product stops and a lawyer starts

Recovery of dues under s.154B-29 once the Form Y-6 application is contested, redevelopment under r.106C-13(3)(h), an inquiry under s.83 or s.88, a dispute in the Co-operative Court, and anything where the Registrar has already issued a notice — these are marked in Part F as the places where the book stops. Bring the file; the book tells you what should be in it.

Already bought it? Lost the email?

Enter the address you paid with and the link is re-sent there. Links stay live for a year from purchase.

The Secretary's ShieldEverything a housing society Secretary must do, file, sign and refuse
Sold by Expert Jurist LLP (SocietySeWA), CBD Belapur, Navi Mumbai. Digital download delivered at once, so all sales are final — if a file does not open, write to support@societysewa.in and we re-send it first. Refund policy · Terms · All products. Educational material, not legal advice; the law is stated as on 10 September 2026.