Tuesday, 1 May 2018

Maintenance and Repair of Flats by Members

Maintenance of Flats by Members Bye Law -45

  • Additions & Alterations in a flat is permissible only with the committee’s permission as per bye-laws no 45 ,46(a) 
  • Application for permission for making additions and alterations in flats as per Bye-Laws 46(b) (c ) 


Examination Of Flat/Leakage or any other matter Bye Law-47(a)
Examination of flats & report about repairs to flats
For facilitating 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.

Notice to Member for repairs his flat by the Society at its cost Bye Law-47(b)
On receipt of such report, the committee shall ascertain the cost involved in the repairs, which are required to be carried out by the Society at its cost as provided under the Bye-law No 159(a) and cause the notice to be served on the Member for such period as the Committee thinks adequate, of its intention to carry out the repairs and there-upon the Member concerned shall allow the workmen engaged by the Society directory or through its architect, access to his flat for carrying out the repairs. If the Member concerned fails to give access to his flat, without reasonable and convincing reasons, the Secretary of the Society shall have authority to enter upon the flat and carry out the work under the supervision of the Member of the committee duly authorized by it in that behalf or the architect appointed by the Society.

Notice to Members for repairs his flat on his cost Bye Law-47(c)
In respect of the repairs to be carried out by the Member at his cost, the committee shall cause the notice to be served on the Member indicating therein, the particulars of repairs necessary at his flat and calling upon him to carry out the repairs to his flat to the satisfaction of the architect approved by the Society, if any, at his cost, within such period as the committee may allow. On his failure to comply with the notice, the Secretary of the Society or the architect appointed by the Society shall have authority to enter upon the flat and cause the repairs to be carried out after giving due notice to the Member concerned. The amount spent by the Society on such repairs shall be recoverable from the Member concerned.

Restrictions on storing of certain goods Bye Law-48
Bye-law no 48 : No Member without the previous permission of the Committee, in writing shall stock or store any kind of goods or materials, which are combustible obnoxious or other goods, for the storing of which requires permit/sanction of the competent authority under any law relating thereto.

Not to do anything which disturb neighborhood – Bye-law 48(a)
Not to do anything in a flat causing inconvenience, nuisance or other Member : No Member shall do or suffer anything to be done in his flat which may cause nuisance, annoyance or inconvenience to any of the Members of the Society or carry on practices which may be repugnant to the general decency or morals of the Members of the Society.

Committee to take action on complaints – Bye-law 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 Bye-law 48(a) forthwith.

Expulsion(removal) of Member Bye Law-49
A member may be expelled from the Membership of the Society, if such a Member:

  • has persistently failed to pay the charges due to the Society,
  • has willfully deceived the Society by giving false information,
  • has used his flat for immoral purposes or misused it for illegal purposes habitually,
  • has been in the habit of committing breaches of any of the provisions of the byelaws of the Society, which, in the opinion of the Committee, . are of serious nature,
  • has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.
  • A Non-Active Member who does not attend at least one meeting of the general body in next five years from the date of classification as Non- Active Member

Procedure for expulsion of a Member Bye-Law 50(a)(b)

  • The cases of expulsion from the Membership of the Society shall be dealt with in the manner provided under Section 35 of the Act, read with Rule 28 and 29 of MSCS Rules.
  • Expulsion from Membership may involve forfeiture of the shares held by the Member. Where the Committee decides that expulsions from Membership should also involve forfeiture of the shares, it shall make necessary reference to the proposed forfeiture of the shares in the notice to be issued under Rule 29 of the Rules.


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