Housing Society : Model Bye Law against uninformed structural changes Housing Society : Model Bye Law against uninformed structural changes

2 months ago

We've got a member who's done some changes in their flat without giving our committee a heads-up.

Now, are we, the Management Committee, obliged / forced to take any action?
If yes, which specific rule in Model Bye Laws & what specific steps, like legal or financial actions?

Anik

Responded 2 months ago

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A.Dear Client,

Model Byelaws of Cooperative Housing Society outline member responsibilities. Byelaw No. 46(a) mandates committee permission for flat alterations. Byelaw No. 47(a) allows the Committee to inspect flats, reporting necessary repairs, differentiating costs borne by the society and members. Byelaw No. 48(b) empowers the Committee to promptly address practices violating Byelaw No. 47(a), either proactively or in response to member complaints. In essence, these byelaws establish a framework for cooperative living, ensuring adherence to rules governing alterations, inspections, and complaint resolutions within the housing society.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Byelaws No.45 to 48 of Model Byelaws of the Cooperative Housing Society deal with the responsibilities and liabilities of the members of the society. Byelaw No.46(a) Additions & alterations in the flat are permissible with the committee's permission. No Member shall, without the previous permission of the Committee in writing, make any additions to or alterations to his flat. Bye Law No 47(a) Examination of flats and report about Repairs to Flats For facilitating the discharge of functions mentioned under the bye-law No. 156 by the Committee, every Member shall allow the Secretary of the Society, accompanied by any other Member of the Committee, to enter upon his flat with prior intimation to the Member, to examine its condition for ascertaining the repairs, if any, necessary. The Secretary of the Society shall make a report to the Committee, indicating therein the particulars of the repairs to be carried out by the Society at its cost and those by the Members at their cost. Bye Law No 48(b) Committee to take action on complaints It shall be competent for the Committee either sou-moto or on receipt of the complaint from any Member, to take steps to stop all such practices referred to in the by-law No. 47(a) forthwith.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 months ago

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A.Dear sir
You may approach concerned government authority who is approving such bye laws after issuing legal notice to such member of the society.
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Vidhi Samaadhaan Vidhi Samaadhaan

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