Chapter XI: Incorporation, Duties and Powers of the Society

Bye-law 67. Incorporation

The registration of the Society shall render it a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to acquire, hold and dispose of property, to enter into contracts, to institute and defend legal proceedings, and to do all such acts and things as are necessary for the purpose for which it is constituted, in accordance with the provisions of the Act, Rules and these Bye-laws.

Bye-law 68. Common seal

(a)The Common Seal of the Society shall be in the custody of the Secretary and shall be used only under the authority of a resolution of the Committee.

(b)Every instrument to which the Common Seal is affixed on behalf of the Society shall be signed and attested by any two of the Office bearer or one office bearer along with one committee member as authorised by the Committee in that behalf, along with their names and designations.

Bye-law 69. Mode of Service of Notices and Communications

(a)(1) Having regard to the importance of the matter and the specific provisions contained in the Act, Rules and these Bye-laws, the Society may give notices of General Body Meetings and communicate resolutions, decisions, circulars and other communications to Members at their last known address by any one or more of the following modes:—

(i)(a) hand delivery;

(ii)(b) ordinary post, registered post, speed post or courier service;

(iii)(c) electronic mail (e-mail);

(iv)(d) any other electronic means permitted under law.

(b)(2) A copy of such notice, communication, resolution or decision shall also be displayed on the Notice Board of the Society and may, wherever feasible, be circulated through electronic means.

(c)(3) Upon such display, the notice or communication shall be deemed to have been duly served.

(d)(4) Non-receipt of any notice or communication by any Member, or any error in the address of a Member, shall not invalidate the proceedings of the Society, provided reasonable steps have been taken for service.

Bye-law 70. Notice Board

(b)(1) The Society shall maintain one or more Notice Boards at conspicuous places in the Society premises.

(c)(2) The Society shall display on such Notice Board all notices, communications, circulars, statements of accounts, annual reports, statutory disclosures and such other matters as are required to be communicated to Members under the Act, Rules and these Bye-laws.

(d)(3) Where the Society consists of more than one building, similar Notice Boards shall be maintained in each building, wherever practicable.

Bye-law 71. Charge and Set-off in respect of Shares and Interest

The Society shall have a first charge on the shares and/or interest of a Member, past or present, in the capital and property of the Society and upon any dividend, bonus or profits payable to such Member in respect of any dues payable by such Member to the Society.

The Society shall be entitled to set off any amount credited by or payable to such Member towards the payment of such dues, in accordance with the provisions of the Act, Rules and these Bye-laws.

Bye-law 72. Flat Purchased Deemed to be Allotted

A Member, person or firm who has purchased a flat under a registered agreement as per applicable law, or has acquired interest in the flat by transfer from an existing Member with the approval of the Society, shall be deemed to have been allotted such flat by the Society, subject to the terms and conditions of such agreement and the provisions of the Act, Rules and these Bye-laws.

Bye-law 73. Allotment of Flats by the Society (Applicable to Society- Constructed or Acquired Flats)

(a)Where the Society constructs the building or acquires flats for allotment to its Members, such allotment shall be made in accordance with the policy approved by the General Body, which may provide for:

(i)first come first served;

(ii)full payment of dues or calls made by the Society;

(iii)allotment by draw of lots;

Where allotment is to be made by draw of lots, the Committee shall prepare identical folded slips, each bearing the number of the flat, parking space, garage, premises or other property proposed to be allotted, and place all such slips in a closed box or container. The name of each eligible Member shall then be called one by one, and the Member present, or in his absence a neutral person present at the meeting or the Chairman, shall draw one slip from the box. The flat, parking space, garage, premises or other property bearing the number mentioned on the slip so drawn shall be deemed to have been allotted to that Member. The proceedings of the draw shall be conducted in a fair, transparent and impartial manner and recorded in the Minutes Book.

(b)Where any Member fails to pay the dues or calls made by the Society within the period allowed, the Committee may cancel the allotment made in favour of such Member after giving reasonable opportunity of being heard.

Upon such cancellation:

(i)the flat may be allotted to another eligible person approved by the Committee;

(ii)if such Member subsequently clears all dues, the Committee may consider allotment of any available flat, subject to availability and policy of the Society.

(c)No Member shall be entitled to possession of the flat allotted to him unless he has made full payment towards share capital, cost of construction or acquisition, loan installments, if any, and all other dues payable to the Society.

Bye-law 74. Change of User

No Member shall use or permit the use of the flat or unit for any purpose other than that permitted under the agreement, sanctioned building plans, occupancy certificate and applicable laws.

Any change of user shall be subject to compliance with statutory provisions and shall require prior approvals as under:

(a)The Member shall obtain prior permission, wherever required, from the competent planning authority or statutory authority.

(b)The Member shall submit a written application to the Society along with necessary approvals and documents.

(c)The Society shall consider such application through the Committee in accordance with policy, if any, approved by the General Body, ensuring fairness, transparency and non-discrimination.

(d)While considering such request, the Society shall have due regard to:

(i)sanctioned use and applicable regulations;

(ii)structural and fire safety requirements;

(iii)impact on common services and infrastructure;

(iv)likelihood of nuisance or inconvenience to other Members;

(v)compliance with applicable laws.

(e)No permission shall be granted for any use which—

(i)is contrary to sanctioned plans, occupancy certificate or statutory permissions;

(ii)is in violation of any law, rule, regulation or direction;

(iii)is hazardous, illegal or poses risk to structural stability, fire safety or health;

(v)is inconsistent with the permitted use of the premises or objects of the Society.

(f)Any unauthorised change of user shall be treated as breach of these Bye-laws and the Society shall be entitled to take action in accordance with the Act, Rules and these Bye-laws.

Bye-law 75. Structural Audit, Fire Audit and Lift Inspection

(a)The Society shall, through its Committee and with the prior approval of the General Body, appoint a qualified structural engineer or architect from the panel approved by the competent authority for carrying out structural audit of the building within the prescribed time.

Such audit shall be conducted as follows:

(i)for buildings aged between 15 to 30 years – once in five years;

(ii)for buildings aged more than 30 years – once in three years. The Committee shall ensure timely appointment and completion of the audit.

In Municipal Corporation areas, such audit shall be carried out by empanelled engineers of the concerned authority, and in other areas by Government-approved engineers or architects. The report shall be placed before the General Body, and based on its findings, the General Body shall decide necessary repairs or measures, which shall be implemented by the Committee. Records of audit and compliance shall be maintained.

(b)The Society shall undertake periodic fire audit of its property in accordance with applicable fire safety laws and directions of the competent authority to ensure safety of occupants and adequacy of fire-fighting systems.

The Committee shall ensure timely compliance of deficiencies and maintain records thereof.

(c)The Society shall carry out periodic inspection, testing and maintenance of lifts/elevators in accordance with applicable laws governing lift safety.

Such inspections shall be conducted to ensure safe operation, prevent accidents and comply with statutory requirements. The Committee shall ensure that inspections are carried out every year by the competent authority and compliance report to be submitted within prescribed period.

(d)The Committe shall ensure timely renewal of Insurance coverage of Society's Property