Monday, 26 August 2019

Miscellaneous Matters Housing Society

 Mode of Service of notice

a) It shall be open to the Society, having regard to the importance of the matter and the specific provision made thereof under the MCS Act1960, the MCS Rules1961 and the Bye-laws of the Society, to give notice of every General body meeting and communicate the  resolution or the decision, to the Members of the Society on their last known addresses, by one of the following modes:

a) Hand delivery, Dispatch through post office or by registered post, with or without acknowledgement due, or by email.

b) A copy of such notice/communication of the decision/resolution shall be displayed on the notice board of the Society and thereupon, the notice shall be deemed to have been duly given or communication shall be deemed to have been duly made and the complaints received or made that the notice/communication was not received or was not sent to the correct address shall not affect the validity of the notice or the communication.

Co-operative Year

The accounting year of the Society shall be that commencing on 1st April and ending on the 31st March of the subsequent year.

Notice Board Bye Law-164

The Society shall have its Notice Board, fixed at a conspicuous part of the building/s, on which shall be exhibited all notices and communications referred to in the bye-law No.161 (a), the Statement of Accounts, the Annual Reports of the Committee and other matters, of which Notices are required to be given to all the Members of the Society under the MCS Act1960 and, the MCS Rules1961 and the Bye-laws of the Society. If there is more than one building, the similar Notice Board shall be fixed in all the buildings.

Penalties for breach of Bye-law 165(a)

The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instructions from the Committee, shall bring to the notice of the Member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the Member persists in continuing the breach/breaches, the Committee shall give the notice to  the Member to show cause as why the penalty should not be inflicted on him for breach/breaches of the byelaw/bye- laws. The General  Body Meeting, after considering the Say of the Member and after giving him hearing, may levy penalty to the extent of maximum consolidated penalty not exceeding Rs.5,000/- in any one financial year.

b) Save except other provision in the Act, the A.G.M / Special G.B.M. can penalize a Member for committing breaches in his Responsibilities. Such penalty should be reasonable and equal to all such erring Members. A.G.M./Special G.B.M. is empowered to frame the penalty amount. The managing committee shall recover such penalties with proper care.

Amendments to the bye-law of t he Society Bye law-166

No bye-law shall be made, altered or abrogated unless

 (i) a proposal to do so has been communicated to all Members 14 days before the Meeting of the General Body of the Society, at which it is proposed to be considered, and,

 (ii) the resolution is passed by not less than 2/3rd majority of the Members present and voting at the meeting of the General Body of the Society, and 

(iii) the making, alteration or abrogation is Approved and Registered by the Registering Authority.

Regulation the facilities Bye Law-167

The Committee shall regulate the operation of the lifts, solar water heaters taking into consideration the convenience of the majority of the Members of the Society.

Restriction on playing games Bye Law-168

The meeting of the General Body of the Society may, after taking into consideration the location of the building or buildings of the Society and their surroundings and the open space available for playing games by the Members of the Society and their children, allow such games to be played during such hours as may be fixed by the meeting of the General Body of the Society and subject to such restrictions, charges and penalties as it may impose.

Letting out common spaces Bye Law-169

The Society shall not let out or give on leave and license basis or permit any subletting, any open space available under the Staircases, Terraces/Open ground/Lawns/Club house/ Common Hall etc. to any person whether the Member of the Society or not, for any purpose whatsoever.

Penalties for encroachment of common spaces Bye Law-169(a)

 All open /common area meant for use of all Members for eg. staircase, steps, landing areas, parking spaces, lift, corridor, and such other spaces, cannot be occupied by any Member for his own use. The use of such areas shall be restricted to the cause for which these are meant. Any Member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further Members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the Society and Concerned Municipal Authorities / Competent Authorities. Also Members must use the flat /unit for purpose it was meant/sanctioned.

Any Member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.

Temporary usage of terraces and open spaces Bye Law-170

Notwithstanding the provisions under the bye-law no. 168, the Committee may allow temporary use of the terrace or available open space of the Society's building by any Member, on his written application, for any function, subject to such restrictions and on payment of such charges to the Society as the meeting of the General Body of the Society may decide. The committee may, with the previous permission of the Local Authority, if needed, allow exhibition of advertisement boards on any part of the building including terrace, on such terms and conditions as are approved by the General Body Meeting any Member /Members want to install a solar energy  water heating systems or solar energy electrical system, then space shall be made available to such Member/Members on the terrace as per availability.

The said systems may include

(i) Solar collector stand, hot water tank, cold water tank, stand for the tank and hot water pipeline etc,

(ii) Solar Panels, battery, inverter charging controller, cabling etc. for solar energy / electricity / photo voltaic devices / renewable energy devices If any application requesting to provide space for solar / renewable energy / energy efficiency devices is received, then it shall be binding on the Society to allocate space thereof as per the availability of the space in the Society’s premises.


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