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Clover Water Gardens CHS

VIII. Responsibilities and liabilities of members

Bye-laws 45–64

(A) Maintenance of Flats by Members Flats to be maintained (Bye Law No 45 to 48)

Bye-law 45. Flats to be kept clean

Every Member shall keep his flat / unit in good maintenance.

Bye-law 46

46(a) Additions & alterations in the flat permissible with the committee’s permission

No Member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his flat.

46(b) Application for permission for Making additions and alterations in a flat

The Member, desirous of making any additions to or alterations in his flat shall make an application to the Secretary of the Society, giving all the required particulars. Further action on such application shall be taken by the Secretary and the Committee of the Society as provided under the bye-law No. 65.

46(c)

No structural changes are permissible, without the prior permission of the concerned competent authority.

Bye-law 47

47(a) Examination of flats and 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.

47(b) Notice to the Member about carrying out repairs in his flat by the Society at its cost

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. 160(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 directly 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 authorised by it in that behalf or the architect appointed by the Society.

47(c) Notice to the Member for carrying out repairs to his flat at his cost

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.

Bye-law 48. Restrictions on storing of certain goods

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.

48(a) Not to do anything causing inconvenience, to other Members

No Member shall do or suffer anything to be done in his fiat 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.

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 No. 47(a) forthwith.

(B) Expulsion of a Member (Bye Law No 49 to 54)

Bye-law 49. Grounds on which a Member could be expelled

A Member may be expelled from the. Membership of the Society, if such a Member

  • a. has persistently failed to pay the charges due to the Society,
  • b. has willfully deceived the Society by giving false information,
  • c. has used his flat for immoral purposes or misused it for illegal purposes habitually,
  • d. 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,
  • e. has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.
  • f. 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.

Bye-law 50

50(a) Procedure for expulsion of a Member

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.

50(b) Forfeiture of shares of the expelled member

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.

Bye-law 51. Effect of explusion on membership of the society

The Member, duly expelled from Membership of the Society, shall cease to be the Member of the Society, with effect from the date on which the resolution of expulsion from the Membership of the Society is approved by the Registering Authority’. The forfeiture of shares may take effect simultaneously with expulsion. Handing over vacant possession of the flat by the expelled Member.

Bye-law 52. Handling over vacant possession of the flat by the expelled member

The Member, who has been duly expelled from the Membership of the Society, shall not be entitled to continue in occupation of his flat and he shall arrange to hand over peaceful and vacant possession of his flat to the Secretary of the Society, within such period as the Committee may allow. On his failure to do so, he shall be liable to be evicted from his flat. Acquisition of the Shares and interest of the expelled Member.

Bye-law 53. Acquisition of the shares and interest of the expelled member

If the meeting of the general body of the Society has decided not to forfeit the shares, the interest of the expelled Member in the capital/property of the Society and the value thereof shall be acquired by the Society and the value thereof shall be paid to the expelled Member, within 3 months of his handing over possession of his flat or his eviction from it, after following the procedure as laid down under the bye-law No. 66 in respect of payment of the value of the shares and interest in the capital/property of the Society acquired by the Society.

Bye-law 54. Eligibility of the expelled Member for re-admission

No Member of the Society, who has been expelled from its Membership, shall be eligible for readmission to Membership in the Society, until expiry of the period of one year from the date of his expulsion, provided that on the recommendations of the meetings of the general body of the Society, the expelled Member may be re admitted to its Membership, as a special case before the expiry of the period of one year, with the prior permission of the Registering Authority

(C) Cessation of Membership (Bye Law No 55 to 59)

Bye-law 55. Circumstances under which a person ceases to be a Member

The person shall cease to be the Member of the Society:

  • a. On his resignation from Membership of the Society having been accepted by the committee.
  • b. On transfer of all his shares and interest in the capital/property of the Society.
  • c. On his death.
  • d. On his expulsion from the Membership of the Society.
  • e. On being adjudged as an insolvent or legally disabled from continuing as Member.
  • f. If the whereabouts of the Member are not known for continuous seven years and if his shares & interest in the property/capital of the Society is not claimed by anybody else.
  • g. On cessation of right/title & interest of a Member in the property of the Society, by way of legal attachment or sale.
  • h. Any transfer if void as provided under bye law number 38 (d)

The Committee shall take further action in the matter as indicated in the bye-law No.61.

Bye-law 56. Circumstances under which the person shall cease to be Associate Member

The person shall cease to be the Associate Member of the Society, when the Member, whose name stands first, ceases to be the Member of the Society or on the death of the Associate Member or on the acceptance of the resignation of the Associate Member by the Committee,

However the associate member shall not cease to be Associate Member when the First Member ceases to be the member of the society if Associate Member holds title and interest in the property jointly with the member.

The Committee shall take further action in the matter as indicated in the Bye-law No. 62.

Bye-law 57. Circumstances under which the person occupying the flat onbehalf of the firm / company ceases to be the nominal Member

If there is a Nominal Member, occupying the flat on behalf of the firm, company or any other body corporate he shall cease to be as such Member of the Society:

  • a. On his death.
  • b. On the acceptance of his resignation by the Committee.
  • c. On cessation of Membership of the original Member on whose behalf he occupies the flat in the Society.
  • d. On cessation of his nomination on account of expulsion of the original Member.
  • e. On intimation from the original Member of termination of the occupants nomination.

The Committee shall take further action in the matter as indicated in the bye-law No.58.

Bye-law 58. Circumstances under which a Sub lettee, licensee, caretaker ceases to be the nominal Member

The Nominal Member, who is the sublettee, licensee or care-taker or possessor in any other manner of the flat or the part thereof shall cease to be as such Member of the Society:

  • a. On his death.
  • b. On his resignation having been accepted by the Committee.
  • c. On the cessation of the Membership of the original Member.
  • d. On the expiry of the period for which the flat or part thereof was permitted to be sub-let, given on leave and license or care-taker basis or occupied in any other manner.

Note: The words ‘original Member’ used in the bye-laws Nos. 55, 56, 57 and 58 mean the Member, with whom the Associate Member/s hold the shares of the Society jointly, the Firm, the Company or any other Body Corporate, on whose behalf the nominal Member occupies fiat in the Society’s building or the Member who has been permitted to sub-let, give on leave and license or care-taker basis his flat or part thereof or part with its possession in any other manner. The Committee shall take further action in the matter as indicated in the bye-law No. 58.

Bye-law 59. Action by the Committee on cases of cessation of Membership of the Society

The Committee shall record the facts of cessation of Members Membership of the Society under the bye-law No. 55 and of Associate and Nominal Member’s Membership respectively under the bye-laws Nos. 56, 57 and 58, in the Minutes of its Meetings and accordingly the Secretary of the Society shall inform the concerned Members in writing within 7 days of the dates of such decision of the committee.

(D) Restrictions on Holding more than One Flat (Bye Law No 60)

Bye-law 60. Holding of multiple flats by Member

Individual Member of the Society may hold more than one flat, in the building/s of the Society in his name or in the name of any of the Members of his family subject to the conditions as provided under the provisions of Section 6 of the “Act”.

(E) Liabilities of a Member and the Past Member (Bye Law No 61 and 62)

Bye-law 61. Liability limited to paid up Shares Amount

The liability of a Member of the Society shall be limited to his shares-holding in the Society.

Bye-law 62. Liability of the Past and Deceased Member

The liability of the past Members of the Society for the debts of the Society, as they stood on the date of the cessation of his Membership and the liability of the estate of the. deceased Member of the Society for the debts of the Society as they stood on the date of his death shall continue for the period of 2 years from the date of his cessation or death respectively as per the provisions of Section 33(1) of the Act.

(F) Other Matters (Bye Law No 63 and 64)

Bye-law 63

63(a) Disposal of Application

All the applications for (i) admission to Membership of the Society, including associate and nominal Membership, (ii) approval to the transfers of Shares and interest in the capital/property of the Society, (iii) intimation for subletting or giving flats or parts thereof on leave and license or care-taker basis, (iv) permission for additions and alterations in flats, (v) allotment of parking spaces and stilts (vi)permission for exchange of flats (vii) permission for holding, additional flats, (viii)permission for assigning, mortgaging or creating charge or interest in fiats, (ix) permission for use of terrace, and (x) complaint application of the members (xi) for any other purpose provided under the byelaws but not specifically mentioned above, shall be addressed to the Secretary of the Society. Every application received by the Secretary shall be acknowledged by him.

63(b) Scrutiny by the Secretary and intimating short-comings to Member

On receipt of the applications, the Secretary of the Society shall scrutinize them and bring any short-coming therein to the notice of the Members concerned within 15 days of their receipt for compliance;

63(c) Secretary to place the Application before next Committee Meeting

The Secretary shall place all the applications, complete in all respects, or incomplete, before the meeting of the Committee or the general body, as the case may be, held next after receipt of the applications;

63(d) Decisions on Applications

The Committee or the General Body, as the case may be, shall consider all such applications at its meetings and take decisions thereon;

63(e) Disposal Applications within 3 months/sub-letting Application within 1 month

The Committee shall ensure that all the applications received by the Secretary of the Society are disposed off within the maximum period of 3 months from the dates of their receipt; except application for subletting.

63(f) Reason of Rejection to be recorded

If the Committee or the General Body, as the case may be, rejects any applications, it shall record, in the minutes of its meetings, the reasons for rejection of the applications;

63(g) Communication of decision within 15 days

The Secretary of the Society shall communicate the decisions of the Committee or the General Body, as the case may be, to the applicants concerned within 15 days of the decisions of the Committee or the General Body, as the case may be, with reasons, where the applications are rejected by the Committee or the General Body, as the case may be, If the Society does not communicate the decision to the applicant within three months from the date of receipt of application for Membership; including nominal or associate Membership, the applicant shall be deemed to have been admitted as a Member as provided under Section 22(2) of the Act.

Bye-law 64. Payment of the value of shares and interest of member or past member of the Society

Wherever the question of payment of the value of the shares and the interest of any Member of the Society, in its capital/property, as the result of acquisition of the same by the Society arises, the following procedure shall be followed :

  • a. The value of Shares or interest in the share capital of the society shall be decided in accordance with the provisions of Section 29 read with Rule 23 of the MSCS Rules,
  • b. The interest of the expelled Member in the property/capital of the Society, shall be valued by the Government approved valuer.
  • c. Within one month of the date of demand for payment of the value of the shares and interest in the capital/property of the Society, or acquisition of the same by the Society, the Committee shall, by publication of the notice in at least two widely circulated news papers and exhibition thereof on the notice board of the Society, invite offers for price proposed to be paid for acquiring interest in the flat, within such period as is mentioned in the notice.
  • d. On receipt-of the offers, the Committee, in its meeting, shall scrutinize the same and decide to accept the offer which is the highest, which shall not be less than the approved value as determined in (ii) above.
  • e. The Committee shall then advise the person, offering the highest price, to make an application for Membership of the Society, in the prescribed form along with a demand draft for the price offered, value of 5 Shares of the Society and the entrance fee of Rs. 100/-.
  • f. On realisation of the demand draft and within one month of the admission of the said person to Membership of the Society, the Committee shall arrange to pay the value of the interest in the flat realised by the Society,
    • i. To the Member whose resignation has been accepted by the Committee, or
    • ii. To the nominee/s legal heir/s of the deceased Member who demanded payment of the value of the Shares and the interest in the capital or property of the Society or
    • iii. To the expelled Member Together with the value of the shares as determined under (i) above and after deducting the following
      • a. outstanding amounts, if any, due from such Member.
      • b. the entire expenses of the publication of the notice.
      • c. Expenses incurred for the disposal of the interest of the Member in the property/capital of the Society. The payment shall be made in the manner provided under the bye-laws Nos. 36, 37 and 53 to the nominee/nominees or heir/heirs, respectively.