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BYE-LAWS OF ______________ FLAT OWNERS CO-OPERATIVE

MAINTENANCE SOCIETY LTD., UNDER TCS ACT, 1964.

1. Name and Address of the Society

These Byelaws may be called Byelaws of the —————Co-operative


maintenance society Ltd,————————— Hyderabad. ———————
————————- Co-operative maintenance society Ltd, is registered
as a cooperative society under the Telangana Cooperative Societies
Act 1964. Its address shall be,
2. Renewal of Registration:
Every society which has been issued a certificate of registration
under section 8 of TCS act, 1964 (adopted in 2016) and it shall be
renewed for every 5 years.

3. Area of Operation:
Its area of operation shall be confined to the flats situated at———
———————
The provisions of these byelaws apply to the all present or future
owners, tenants, future tenants, or their employees or any other person
that might use the facilities of the building in any manner and are
subject to the regulation set forth in these byelaws. The mere
acquisition or rental on taking or license of any of the flats of the
building or mere act of occupancy of any of the said flats will signify
that these byelaws are accepted , ratified, and will be complied with.

4. Definitions

In these byelaws unless the context otherwise requires

a) Registrar means the Registrar of Cooperative Societies.

b) “Act” means the Telangana Cooperative Societies act 1964 regarding


the administration of the society is concerned.

c) Cooperative society’ means cooperative society of all the


Apartments owners constituted by such owners for the purpose of
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cooperation amongst Apartment owners to do all acts in furtherance
of the objective of the ——————————————— Co-operative
maintenance society Ltd registered by the Registrar of Cooperative
Societies and renewed every five years as per the provisions of the
Telangana Cooperative Societies Act 1964

d) “Board” means a Board consisting of President, Vice President


Secretary, Treasurer and members who are elected by the society
members, all of whom shall be owners of Apartments —————

e) “Building” means the building located at ————————————


and known as ————————————- and includes the land forming
part thereof.

f) “Declaration” means the declaration which the sole owner of the


building or all the owners of the buildings have executed and
registered

g) “Majority of owners” means those owners holding 51 percent or


more of the votes in accordance with the percentage assigned in
the declaration.

h) "Owners” or Flat owners means the person owning an apartment


as per registered sale deed or Holder of Registered General Power
of Attorney from owner.

i) “Section” means a section of the Telangana Cooperative Societies


Act.

j) “Unit” means a family unit in the ————————————————

k) Registrar means Registrar of cooperative societies.

l) Rules means the Rules framed under the Cooperative Societies


Act.

Words and expressions used in these byelaws but not defined


herein shall have the meaning respectively assigned to them in the
Acts.

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5. Objectives:

The objectives of the —————————- Co-operative


maintenance society Ltd shall be
1) To be of assistance to members in whatever manner possible to
solve the common problems and promote a feeling of oneness of
a happy family through mutual Cooperation.

2) To be and to act as the cooperative society of flat owners of the


building called the —————————————————.( Herein
after called the “said building”)

3) To invest and use funds of ————————————— Co-operative


maintenance society Ltd for the general welfare of the members.
The ———————————————— Co-operative maintenance
society Ltd shall be not for profit organization.

4) To provide for the maintenance, repair and replacement of the


common areas and facilities by contribution from the flat owners
and if necessary, by raising loans for that purpose excluding
interior portions of the flats.

5) To ensure basic amenities like clean drinking water ( both in quantity


and quality) bore well water in adequate quantities common power
and other facilities services amenities that are needed for the
common good of the members.

6) To take possession of all common areas and facilities in the premises


of —————————— Co-operative maintenance society Ltd like
the compound wall, open land and open space on the terrace,
driveways, common parking areas, children recreation club house,
common corridors, staircases, terrace, generators, submersible
pumps, transformers, circuit breakers, electricity meter rooms, lifts,
lift room, cooperative society maintenance office, open shafts,
common toilets, water pumps, storage tanks, water piping system,
drainage system, electricity distribution system, cable television
wiring system, telephone wiring system, cooperative society office
room on terrace, if any from the promoter.

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7) To take care of periodical painting distempering of the exterior of
the block and common areas in the interior and to undertake repairs
replacements or other general water electric and other equipments
machinery etc belonging to the cooperative society.

8) To retain and rent or license if possible, suitable portion of the


common areas to outsiders for commercial purpose and to distribute
the common expenses among the apartment owners as common
profits or accumulate the same for building up a reserve fund.

9) To provide for and do all and any of the matters provided in the Act.

10) To advance with the consent of the apartment owners, any short
term loans to any apartment owners in case of any emergent
necessity and to provide for the benefit of the apartment owners.

11)To establish and carry on its own account or jointly with individual
or institution education physical social and recreational activities
for the benefit of the apartment owners.

12) To frame rules, with the approval of the general meeting of the
cooperative society and after consulting the competent authority
and may establish a provident fund and gratuity fund, if necessary
for the benefit of the employee of the cooperative society.

13) To do all things necessary and or otherwise for enhancing


cooperation amongst the flat owners for improving and enhancing
the experience of staying at ————————— Co-operative
maintenance society Ltd and provide for their expedient of the
attainment of the objectives specified in these byelaws.

14) To organize establish and run social educational cultural recreational


and other facilities for the residents / members.

15) To improve, alter/ repair reconstruct and incur capital expenditure


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for special repairs to the common areas of any part of the premises
in accordance with the law and decisions taken by majority of the
members of the cooperative society. A corpus fund shall be
maintained for the purpose and the same shall be collected.

16) To control the use of common parking space and its allocation
amongst the flat owners etc.
17) To frame amend or substitute the rules and clauses of byelaws
with approval of the General Body Meeting of the cooperative
society after getting registration by the Registrar to ensure Byelaws
are in line with the provisions wherever necessary.

18) To do all things necessary or expedient for the accomplishment of


the aforesaid objectives of the cooperative society.

19) The cooperative society shall not act beyond the scope of its
objectives without duly amending the provision of this byelaws for
the purpose.

6. Members of Cooperative society:

1) All persons who have purchased apartments in the ————————


——— shall automatically be the members of the cooperative society
and shall pay the sum of one hundred rupee as entrance fee and shall
purchase (10) shares of the face value of Rs 100/- each. Each
apartment owner shall receive a copy of the byelaws on payment of
one hundred rupees.

2) Upon any Flat owner selling his/her flat or absolutely conveying


the same by way of gift under his will or otherwise, the purchaser or
recipient shall automatically become a member of the cooperative
society, and shall be admitted as member on payment of the entrance
fee of one hundred rupee.

3) On death of any Flat owner, his apartment shall be transferred to


the person to whom he bequeaths the same by his will or to the legal
representative of his estate in case he has made any specific bequest
of the apartment. The name of the legatee or the names of the legal
representative jointly shall be entered in the register of apartment
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owners maintained by the secretary for the purpose of administration
of the society as Flat owners, where any legatee is a minor, the Flat
owner shall be entitled to appoint a guardian of such minor.
7.Joint Flat owners: Where a flat has been purchased by two or
more persons jointly they shall be jointly entitled to the flat and the
shares of the cooperative society shall be issued in their joint names, but
the person whose name stands first in the share certificate shall alone have
the right to vote.

8. Holding of one share compulsory: Every flat owner must hold


one share of the cooperative society (Joint apartment owners holding
the shares jointly).

9. Disqualifications: No flat owner shall be entitled to vote on the


question of the election of members of the Board or the president,
Vice President, Secretary Joint Secretary Treasurer Joint Treasurer or
any other office bearer or be entitled to stand for election to such
office if he is in arrears of any sum due from him in respect of his
contribution for common expenses for more than ninety days.

10. Share Capital:-

The authorized share capital of the society will be —————————

11. Share certificate :- The society shall issue one share certificate
duly signed by the President and the secretary of the society to
members after he completely paid the full value of such shares of the
society.

If the share certificate is lost or destroyed a duplicate certificate


may be issued after giving such publicity of the facts as may be
considered necessary by the Board of Directors. In case any objection
is raised it will be gone into by the Board of Directors whose decisions
in this regard will be final. If any certificate is worn out or damaged the
Board may order the same to be CANCELLED AND ISSUE A DUPLICATE
CETLIFICATE IN LIEU thereon surrounding such worn out or damaged
certificate. A fee of Rs. 500/- (Rs Five Hundred only) shall be collected
for every duplicate certificate issued under the bye-laws.

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12. Transfer of shares or interest of a member:-

No member shall be permitted to withdraw any of the shares


held by him in the society or to resign membership of the society.

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13. Nominations:- If a member dies, his membership shall ipso
facto cease: every member of the society may nominate any member
of his family as per the bye-laws to succeed him in the event of his
death to his share or interest in the society. In the absence of a family
he may nominate any person such nominations shall in the event of
his death be given effect to by the society.

Provided.

a) The nominations was signed by the deceased in the presence of


at least two witnesses attesting the same.

b) The nomination has been registered in the books of the society


kept for the purpose.

c) The nominee continues to possess the prescribed qualifications


and to be free from disqualifications as provided further that this shall
not apply to widow or the minor child of the deceased member.

d) The person nominated shall have been admitted by the Board of


Directors as a member of the society under Bye-law No 5.

e) Liability of the past member and his estate. A past member shall
be liable as provided in bye-laws of the debts to the society, as the
date They exist on the date when he ceased to be member for a period
of 3 years from such date as the estate of deceased member shall be
liable as provided in for debts due to the society as they existed on
the date of his decease for period of 2 years from the date of his
death.

14. Expulsion of a member:-

If a member deceives the society or if he has acted adversely to


the interest of the society or if his general conduct as such necessitates
his removal from the society in the interest of the society the same
may be done by the general body by a resolution at its meeting by the
vote of not less than 2/3 of the members present giving him an
opportunity to make his representation if any. A member who drags
the society unnecessarily to court in the process of recovery of dues

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from him shall be liable to be debarred from the representation on
Board of Directors for a period of two years after such expulsion. He
shall however continue to pay the dues payable in the society every
month thereafter.

The dues shall be as decided by the general body of owners from


time to time. All amounts are due as on the 10th of subsequent month
and on any delay beyond 10th late payment charges shall payable as
below:

· Rs.10/- per day for first 7 days.

· Rs.20/- per day for each subsequent day of delay for 7 days

(8-14 days)

· Rs.30/- day for each subsequent day of delay for 7 days (15-21
days)

· Rs.50/- day for each subsequent day of delay for 7 days (22-30
days)

· For all delays beyond 30 days interest @ 1% PM shall be charged


on all the outstanding amount till date of payment of the total
dues to the society for the purpose month shall be construed a
calendar month.

The Board of directors however, can relax the penal amount in


exceptional cases after recording the reasons and equitably treating
similarly cases. All such decisions have to be notified for the information
of the members.

15. Voting: - Voting shall be on “one Apartment one vote basis”. If a


person owns more than one flat vote will be only one. The Quorum,
shall be 1/5 if the number of flats up to 200. For more than 200 the
quorum shall be 1/10th. The quorum for the board meeting shall be
more than half. Votes shall be cast in person. Voting by proxy is not
allowed under any circumstances.

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16. Powers and duties of Cooperative Society: - The Cooperative
Society will have the responsibility of administering the ———————
————- Co-operative maintenance society Ltd, approving the annual
budget establishment and arranging for the management of the flats
in an efficient manner. Except as otherwise provided, resolutions of
the Co-operative society shall require approval by a majority of the
owners casting votes in person.

17. Place of meetings: - Meeting of the Co-operative Society shall be


held at suitable place convenient to the owners as may from time to
time be designated by the Co-operative society.

18. General Body:-


The General body of the society shall consist of all the members of the
society. The general body shall exercise all powers as specified.

1) Election and removal of Directors and expulsion of members.

2) Amendment of Bye-laws.

3) Consideration of:

4) The long term preparation of plan and budget.

5) Annual operational plan and budget.

6) The Annual report of activities for being filed with the registrar

7) The auditor’s report and the annual audited statement of accounts


for being filed with the registrar

8) Special audit report or enquiry report if any

9) Compliance report relating to audit, special audit and enquiry

report if any.

10) Approval of appointment and removal of auditors.

11) Distribution of surplus.

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12) Management of deficit.

13) Creation of specific resources and other funds.

14) Review of the attendance of the board.

15) Appointment, re-constitutions and disbanding of the representative


general body.

16) Review of actual utilization of resource and other funds.

17) Remuneration payable internal auditor.

18) Membership of the Cooperative society in Federation if a federation


is formed in future.

19) Collaboration with others organizations and review.

20) Promotion of subsidiary organizations and review.

21) Dissolution of the Cooperative Society.

All other matters as are necessary and incidental to be taken up by the


general body.

19. Meetings :

a) The general body meeting shall be conducted by the Board of


Directors twice in a year and the Board of Directors shall meet at least
once in three months.

b) The President the Vice President shall preside over such meetings
If both were absent a member from the general body shall be elected
to preside in such meetings only.

c) It shall be the responsibility of the board to convene the requisitioned


general meetings within (30) days of the requisition. If the board fails
to convene such meeting within the time Specified, it shall be competent
for the Registrar to convene the requisitioned general body meeting
of annual general meeting as the case may be.

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d) The resolutions of the Board meetings and General body Meetings
shall be recorded in the minute book and shall be communicated to all
persons invited for the meeting within (30) days from the date of
meeting. The minutes so recorded shall be signed by the persons who
chaired the said meeting.

e) The notice along with agenda for the general meeting shall be
signed by the President and shall be sent at least 15 days prior to the
date of meeting and the notice along with agenda for the board meeting
shall be signed by the President/Chief Executive and shall be sent at
least 7 days prior to the date of meeting.

f) The notice maybe sent either by certificate of post or by hand


delivery or by publication in local news paper. The quorum for any
General Body meeting /Board meeting shall be 1/10th of the total
numbers of members and the quorum for the board meeting shall be
more than half.

20. Special Meeting :- It shall be the duty of the President to call a


special meeting of the flat owners as directed by a resolution of the
board or upon a petition signed by a majority of the owners and
having been present to the secretary, or at the request of the Registrar,
or as the case may be, the registrar of the Co-operative Society or any
officer duly authorized by him on his behalf. The notice of any special
meeting shall state the time and place of such meeting and the purpose
thereof. No other business shall be transacted at a special meeting
except as stated in the notice.

21. Notice of Meetings:-It shall be the duty of the secretary to mail


or send a notice of each annual or special meeting, stating the purpose
thereof as well as the time and place where it is to be held, to each
flat owner within the time stipulated in the Act. The mailing or
sending of a notice in the manner provided in this bye-law shall be
considered as notice served. Notice of all meeting shall be sent to the
Registrar of Cooperative societies.

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22. Adjourned meetings:-If any meeting of owners cannot be
organized because of lack of quorum the owners who are present, may
adjourn the meeting. The adjourned meeting shall be conduct
without quorum followed.

23. Order of business:- The order of business at all meeting of the


owner of units shall be as follows.

1) Roll call

2) Proof of notice of meeting or waiver of notice.

3) Reading of Minutes of previous meeting.

4) Reports of officers.

5) Reports of the Competent Authority or the Registrar of Co-operative


Societies or of the office duly authorized by them, if present.

6) Report of committees.

7) Election of Board.

8) Unfinished Business, if any

9) New Business.

24. Management of Cooperative Society: - Subject to such


resolutions as may be passed by the General Body from time to time
the affairs of the Cooperative Society shall be governed by the Board
of Directors. The Board of Directors shall consist of President, Vice
president, Secretary and Treasurer and —— other board members.

25. Powers and duties of the Board:- The Board shall have the
powers and duties necessary for the administration of the cooperative
society and may do all such acts and things as are not by law or by this
bye laws directed to be exercised and done by the owners.

Other duties: In addition to the duties imposed by these byelaws or


by resolution of the cooperative society, the board shall be responsible
for the following that is to say:-
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1) Care, upkeep and surveillance of the ———————— and the common
areas and facilities and the restricted common areas and facilities.

2) Collection of monthly assessments from the owners.

3) Designation, employment, remuneration and dismissal of the


personnel necessary for the maintenance and operation of the
common areas and facilities and the restricted common areas and
facilities.

4) To provide for the manner in which the audit and account of the
cooperative society shall be carried out.

5) To inspect the accounts kept by the secretary and/or the treasurer


and examine the register and account books and to take steps for the
recovery of all sums due to the cooperative society.

6) To sanction working expenses, count cash balance and deal with


other miscellaneous business.

7) To see that cash book is written up promptly and is signed.

8) To hear and deal with complaints.

26. Manager: The board may employ for the cooperative society a
manager at a compensation determined by the Board to perform such
duties and services as the board shall authorize.

27. Election and term of the office: The term shall be five years
as per the Telangana Cooperative Societies Act. As per G.O. Ms No.
1, Agrl. & Coopn., (Coop-II)Dept., dt. 04-01-2018, the State Coop.
Election Authority, Telangana State formed and every society should
submit the election proposals before (90) days from the date of
expiry of the term of the Managing Committee to the SCEA,
Telangana through proper authorities.

28. Vacancies: Vacancies in the board caused by any reason other


than the removal of a director by a vote of the cooperative society
shall be filled in the manner prescribed in the Telangana Cooperative
Societies Act.
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29. Removal of Director: At any regular or special meeting duly called
any one or more of the Directors may be removed by following due
procedure. Any director whose removal has been proposed by the owners shall
be given an opportunity to be heard at the meeting.

30. Elections: Elections shall be held as per the provisions of the Telangana
Cooperative Societies Act, and G.O. Ms No. 1, Agrl. &Coopn., (Coop-II)Dept., dt.
04-01-2018, the State Coop. Election Authority, Telangana State formed and every
society should submit the election proposals before (90) days from the date of expiry of
the term of the Managing Committee to the SCEA, Telangana through proper
authorities.

Powers and duties of the Managing Committee:

President: The President shall be the chief executive officer of the


cooperative society. He shall preside at all meeting of the cooperative
society of the general power and duties which are usually vested in
the office of president of a cooperative society. Including, but not
limited to the power to appoint committees from among the owners
from time to time as he may in his discretion decide to be appropriate
to assist in the conduct of the affairs of the cooperative society.

Vice- President: The Vice President shall take place of the president
and perform his duties whenever the president shall be absent or
unable to act. If neither the president nor the vice president is able to
act, the board shall appoint some other member of the board so to act
on an interim basis. The Vice President shall also perform such other
duties as shall from time to time be imposed upon him by the Board.

Secretary: The secretary shall keep the minutes of all meetings of


the cooperative society, he shall have charge of such books and papers
as the Board may direct and shall in general perform all the duties
incidental to the office of secretary.

Treasurer: The treasurer shall be responsible for cooperative society


funds and securities shall also be responsible for keeping full and
accurate accounts of all receipts and disbursements in books belonging
to the cooperative society. He shall be responsible for the deposit of
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all moneys and other valuable effects in the name and to the credit of
the cooperative society in such depositaries as may from time to time
be designated by the Board.

31. OBLIGATIONS OF THE FLAT OWNERS


a) Assessment: All the owners are obliged to pay monthly
assessments imposed by the cooperative society to meet all expenses
relating to the ——————————- Co-operative maintenance society
Ltd., which may include an insurance premium for a policy to cover repair
and reconstruction work in case of hurricane, fire, and earthquake or the other
hazard or calamity. Such assessments shall include monthly payment to a
general operating reserve fund for replacements.

b) Maintenance and repair:

1) Every owner must perform prompt maintenance and repair work


within his own unit, which if omitted would affect the ————————
entirely or a part belonging to other owners. He/she would be expressly
responsible for the damages and liabilities for his failure to do so.

2) All the repairs of internal installation of the units as water, light,


gas, power, sewage, telephone, air-conditioners, sanitary installation,
doors, windows, lamp and all other accessories belonging to the unit
are shall be at the expenses of the apartment owner concerned.

3) An owner shall reimburse the Cooperative society for any expenditure


incurred in repairing or replacing any common area facility damaged
through his fault.

32. Use of family units-internal changes:

All units shall be utilized for residential purpose only. An owner shall
not make any structural modification or alterations in his unit or
installation located therein without previously notifying the Cooperative
Society in writing through the president of the board if no manager is
employed. The Cooperative Society shall have the obligation to answer
within thirty days and failure to do so within the stipulated time shall
mean that there is no objection to the proposed modification, alteration
or installation.
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33. Use of common areas and facilities and restricted common
areas and facilities:

An owner shall not place or cause to be placed in the lobbies’ vestibules,


stairways, elevators and other areas of ————————— and facilities
of a similar nature both common and restricted, any furniture, packages
or objectives of any kind. Such areas shall be used for no other
purpose than for the purposes for which they are meant.

34. Right of Entry:

1) An owner shall grant the right of entry to the manager or to any


other person authorized by the board or the Cooperative Society in
case of any emergency originated in or threatening his unit, whether
the owner is present at the time or not.

2) An owner shall permit other owner, or their representative, when so


required to enter his unit for the purpose of performing installation,
alteration or repairs to the mechanical services provided that request
for entry are made in advance and that such entry is at a time convenient
to the owner. In case of an emergency, such right of entry shall be
immediate.

35. Rules of Conduct: Every resident shall conduct in a manner that


his conduct is not a source of inconvenience to others.

a) No resident of the ———————- shall paste any advertisement or


posters of any kind in or on the building except as authorized by the
Cooperative Society.

b) Residents shall exercise care about making noises or the use of


musical instrument, radios, television and amplifiers that may disturb
others. Residents keeping domestic animals shall abide by the municipal
sanitary byelaws or regulations.

c) It is prohibited to hang garments, rugs, etc., from the windows,


balconies, or from any of the facades of the Apartments.

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d) It is prohibited to dust rugs etc., from the windows or to clean rugs
etc., by beating on the exteriors part of the said Apartment.

e) It is prohibited to throw garbage or trash outside the disposal


installations provided for such purpose in the service areas if such
installation is not provided all garbage or trash shall be collected in a
vessel and thrown in the municipal dust bin.
f) No owner, resident or lessee shall install wiring for electrical or
telephone installation, television antenna.

g) It is prohibited to Park vehicles in drive ways, in unauthorized


locations and in a manner that obstructs free movement of others
vehicles.

h) It is prohibited to waste water by forgetting to close water taps/


not arranging prompt repairs to leaking taps.

36. Funds: Funds may be raised by the Cooperative Society in all or


any of the following ways, namely:

1) By shares.

2) By contributing and donating from the apartment owners.

3) From common surplus which shall form the nucleus of the reserve
fund.

4) By raising loans, if necessary, subject to such terms and conditions


as the Cooperative Society with the approval of the competent
authority, may determine in this behalf.

5) By collecting monthly maintenance charges

37. Investment: The Cooperative Society may invest or deposit its


funds as specified under section 43 of the Telangana Cooperative
Societies Act.

38. Affiliation: Should there be any federation of apartment owners


societies the Cooperative Society may after consulting the competent
authority, become a member thereof, and pay the sum from time to
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time payable to such federation under the rules thereof.

39. Accounts: The accounting year shall be from 1st April to 31st March
of next year.

1) A Bank account shall be opened by the Cooperative Society, into


which all money received on behalf of the Cooperative Society shall be
paid. For every payment received a numbered receipt with seal of the
Cooperative Society shall be issued to payee.
2) All payment above Rs.1000/- shall be made by cheque signed by
the President/Vice President and Secretary/Treasurer.

3) The Cooperative Society shall, on or before 31 st July in each year,


publish an audited annual financial statement in respect of the common
areas and facilities containing:-

· The profit and loss account.

· The receipts and expenditure of the previous financial years;

· A summary of the property and assets and liabilities of the


common areas and facilities of the Cooperative Society, giving such
particulars as will disclose the general nature of these liabilities and
assets and how the value of fixed assets has arrived at.

4) The audited financial statement shall be open to the inspection of


any member of the Cooperative Society during office hours and in the
office of the Cooperative Society and a copy thereof, shall be submitted
to the competent authority not later than 30th September every year.

5) Every financial statement shall be accompanied by a complete list


of the apartment owners. The financial statement shall state up to
what date profit and expenses of common areas are included.

40. Publication of accounts and reports: A copy of the last financial


statement and of the report of the auditor if, any shall be kept in a
conspicuous place in the office of the Cooperative Society.

41. Appointment of auditor: The Cooperative Society shall appoint


at its general meeting an auditor who shall audit the accounts of the
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Cooperative Society or entrusted by Registrar be prepare by the board as
herein before provide and shall examine the annual returns, and
verify the same with the accounts relating thereto and shall either
sign the same as found by him to be correct, duly vouched and in
accordance with law, or specially report to the Cooperative Society in
what respect he finds it incorrect, un-vouched or not in accordance
with law.
42. Power of Auditor: The auditor shall be entitled to call for and
examine any papers or documents belonging to the Cooperative Society
relating to the common areas and facilities (including limited common
areas and facilities) and common expenses and shall make a special
report to the Cooperative Society upon any matter connected with
the accounts which appears to him require notice.

43. Notice to Cooperative Society: An owner who mortgages his


unit, shall notify the Cooperative Society through the manager, if any,
or the president of the board in the event there is no manager, the
name and address of his mortgagee; and the Cooperative Society
shall maintain such information in a book entitled “mortgagee” of
units”.

44. Notice of unpaid assessment: The Cooperative Society shall at


the request of a mortgagee of a unit report any unpaid assessments
due from the owner of such unit.

45. Compliance: These byelaws are set forth to comply with the
requirement of the Telangana Cooperative Societies Act 1964. In case
any of these byelaws conflict with the provision of the said Act it is
hereby agreed and accepted that the provisions of the Act will apply.

46. Seal of the Cooperative Society: The Cooperative Society shall


have a common seal in the custody of the secretary, and shall be used
only under the authority of a resolution of the board and every deed of
instrument to which the seal is affixed shall be attested for or on
behalf of the Cooperative Society by two members of the board and
the secretary or any other person authorized by the Cooperative society
in that behalf.

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47. Amendment of byelaws: These byelaws may be amended by the
Cooperative Society by 2/3rd majority of the General Body meeting
and the same may be approve by the Registrar. No amendment shall
take effect unless approved by the Registrar.

48. Penalties :
1) Violations to the Rule of conduct can be penalized by Board of
Directors. The amount of penalty for each violation/additional violations
can be decided by the general body. The penalty amount will be treated as
due to association till paid and will be treated at par with any other dues.

2) The Manger or Board of Directors of the Society, may after due


notice of not less than 15 days, for just and sufficient cause, cut off,
withhold or in any manner curtail or reduce any essential supply or
service enjoyed by a flat owner. The cost of restoration of service
shall be payable by the flat owner.

3) If the outstanding dues become significant (the limit of amount to


be set from time to time by general body of owners), the property of
the member will be attached, for its sale, for the settlement of dues,
and for return to the member of any balance remaining.

4) Violation of any part of the byelaws resulting in expenditure to


restore the flats to original condition by Cooperative Society; shall be
recoverable from the flat owner who caused such damage.

49. Dissolution :

The society may be dissolved or liquidated in accordance with the


provisions of the Telangana Cooperative Societies Act 1964. In the
event of liquidation of the society, any funds remaining after the
fulfillment of all external liabilities and the other liabilities shall be
disbursed in proportion to the share capital of such members is taken
up.
Proposed Bye-Laws are approved in the General Body meeting of
______________________ Owners Maintenance Mutual Aided Cooperative Society Ltd ,
held on of ___20__

***

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