Chapter VIII: Rights and Duties of Members

Bye-law 34. Rights of Members

Every Member shall, subject to the provisions of the Act, the Rules and these Bye-laws, have the right—

(a)(i) to hold, occupy and peacefully enjoy the flat/unit together with the shares and interest in the Society.

(b)(ii) to attend, participate, speak and vote at the General Body Meetings of the Society in accordance with the Act, the Rules and these Bye-laws.

(c)(iii) to vote at the election of the Committee and to contest the election or hold office in the Society, subject to the eligibility, qualification and disqualification provisions of the Act, the Rules and these Bye-laws.

(d)(iv) to use the common areas, common facilities, common amenities and common services of the Society in a lawful and reasonable manner in accordance with the Act, the Rules and these Bye-laws.

(e)(v) to inspect the books, registers, records and documents of the Society and to obtain certified copies thereof on payment of the prescribed fees in accordance with Section 154B-8 of the Act, the Rules and these Bye-laws.

(f)(vi) to receive notices, agenda, minutes of meetings, audited financial statements, audit reports, annual budget, statements of accounts and such other information and documents as are required to be furnished under the Act, the Rules and these Bye-laws.

(g)(vii) to submit complaints, suggestions, requisitions, representations and resolutions before the Committee or the General Body and to seek redressal of grievances in accordance with the Act, the Rules and these Bye-laws.

(h)(viii) to nominate, revoke or vary a nomination, appoint or revoke an Associate Member, transfer the shares and interest in the Society, mortgage or create a charge over the flat/unit and the shares and interest, exchange the flat/unit, or otherwise deal with the flat/unit in accordance with the Act, the Rules and these Bye-laws.

(i)(ix) to sub-let, give the flat/unit on leave and licence basis, caretaker basis or otherwise part with possession thereof, without prior permission of the Society where such permission is not required under law, by giving the prescribed intimation to the Society and complying with the provisions of the Act, the Rules and these Bye-laws.

(j)(x) to avail all services, facilities and amenities provided by the Society without discrimination and subject to the provisions of the Act, the Rules and these Bye-laws.

(k)(xi) to participate in the management, administration and democratic functioning of the Society and to seek enforcement of the provisions of the Act, the Rules and these Bye-laws before the competent authority or forum provided under law.

(l)(xii) to inspect the statutory registers, records relating to the management and affairs of the Society and such other documents as may be permitted under the Act, the Rules and these Bye-laws.

(m)(xiii) to exercise such other rights as are conferred upon a Member under the Act, the Rules, Government directions and these Bye-laws.

Bye-law 35. Duties of Members

Every Member shall—

(a)(i) comply with the provisions of the Act, the Rules, Government directions and these Bye-laws.

(b)(ii) pay all dues, maintenance charges, contributions and other sums payable to the Society within the prescribed time.

(c)(iii) attend General Body Meetings and participate in the affairs and democratic management of the Society.

(d)(iv) maintain the flat/unit in good condition and use the flat/unit only for the purpose permitted under law and these Bye-laws.

(e)(v) use the common areas, common facilities, common amenities and services in a lawful and reasonable manner and without causing obstruction, nuisance, inconvenience, damage or danger to the Society or to any other Member or occupant.

(f)(vi) safeguard the property, assets and interests of the Society and not commit or permit any act detrimental or prejudicial to the interests of the Society.

(g)(vii) furnish to the Society such declarations, information and documents as may be required under the Act, the Rules and these Bye-laws and promptly intimate any change in ownership, address, correspondence address, contact details, occupation of the flat/unit, tenant, licensee, caretaker, mortgage, transfer or any other particulars required to be maintained by the Society. Where the flat/unit is sold, transferred, mortgaged, exchanged, given on leave and licence, sub-let, entrusted to a caretaker or possession is parted with in any manner, the Member shall submit the prescribed particulars and documents in accordance with the Act, the Rules and these Bye-laws.

(h)(viii) ensure that every family member, tenant, licensee, caretaker, occupant, employee, servant, contractor, visitor or any person claiming through the Member complies with the provisions of the Act, the Rules and these Bye-laws, and the Member shall remain responsible for any breach thereof.

(i)(ix) permit the authorised representatives of the Society, after due notice except in cases of emergency, to enter the flat/unit for inspection, maintenance, repairs, replacement of common services or compliance with statutory requirements.

(j)(x) comply with the lawful resolutions of the General Body and the lawful decisions of the Committee passed in accordance with the Act, the Rules and these Bye-laws.

(k)(xi) cooperate with the Society in matters relating to maintenance, repairs, structural audit, fire safety, safety measures, statutory inspections, statutory compliance, conveyance, redevelopment, disaster management and all other matters affecting the common interest of the Society.

(l)(xii) perform such other duties and obligations as may be imposed under the Act, the Rules, Government directions and these Bye-laws.

Bye-law 36. Occupation and Use of Flat/Unit

Every Member shall occupy and use the flat/unit in accordance with the provisions of the Act, the Rules and these Bye-laws.

(a)(i) A Member may occupy the flat/unit personally or permit its occupation by the members of his family, Joint Member, Associate Member, Provisional Member, tenant, licensee, caretaker or any other person lawfully entitled to occupy the flat/unit in accordance with the Act, the Rules and these Bye-laws.

(b)(ii) Every flat/unit shall be used only for the purpose permitted under the sanctioned building plans, the Occupancy Certificate, the conditions of lease or allotment, if any, and the applicable laws.

(c)(iii) No Member shall use or permit the use of the flat/unit for any purpose prohibited under law or in a manner likely to cause nuisance, annoyance, inconvenience, damage, hazard or danger to the Society or to any Member, resident or occupant.

(d)(iv) The Member shall be responsible for ensuring that every person occupying the flat/unit through or under him complies with the provisions of the Act, the Rules and these Bye-laws and shall remain responsible for any breach committed by such person.

(e)(v) No Member shall part with possession of the flat/unit except in accordance with the provisions of the Act, the Rules and these Bye-laws.

(f)(vi) Nothing contained in this Bye-law shall prejudice the right of a Member to transfer, mortgage, exchange, sub-let, give the flat/unit on leave and licence or caretaker basis or otherwise deal with the flat/unit in accordance with the Act, the Rules and these Bye-laws.

Bye-law 37. Inspection of Records and Documents

(a)Every Member shall be entitled to inspect, free of cost, at the office of the Society during office hours or at such time as may be fixed by the Society, the documents and records as provided under Section 154B-8(1) of the Act, which are as follows:—

(i)a copy of the Act, the Rules and these Bye-laws;

(ii)the last audited Balance Sheet of the Society;

(iii)the Profit and Loss Account of the Society;

(iv)the list of Members of the Committee of the Society;

(v)the Register of Members of the Society;

(vi)the Minutes of the General Body Meetings of the Society;

(vii)the Minutes of the Committee Meetings of the Society;

(viii)those portions of the books and records in which the transactions of that Member with the Society have been recorded.

(ix)The General Body may fix at least one day in each month and the time for inspection of the records and documents of the Society by Members.

(b)On the day and during the time so fixed by the General Body, the Secretary shall make available the records and documents referred to in clause (i) at the office of the Society or at the place where such records are maintained, and any Member may inspect the same without making any separate application.

(c)Where the General Body has not fixed such day and time for inspection, a Member desiring to inspect any records or documents shall make an application in writing in Form No. ___, specifying the records or documents required for inspection.

(d)In such cases, the Secretary shall, within fifteen days from the date of receipt of the application, communicate to the Member the date, time and place at which inspection shall be allowed.

(e)Inspection shall be given at the office of the Society and, where the Society has no office, at the place where the records are maintained as decided by the General Body in accordance with these Bye-laws.

(f)The Secretary shall ensure that all records of the Society are kept at the place so decided and shall make the same available for inspection in accordance with this Bye-law.

(g)The Secretary shall maintain a register of inspections, including applications received, dates fixed and inspections given.

Bye-law 38. Supply of Copies of Documents

(a)A Member shall be entitled to obtain copies of the documents and records referred to in Bye-law No. 26, which are made available for inspection under Section 154B-8(1) of the Act, and for that purpose shall make an application in writing in Form No. ___, specifying clearly the documents of which copies are required.

(b)The Secretary shall, within seven days from the date of receipt of such application, communicate to the Member—

(i)the amount of fees payable for such copies as provided under Bye-law No. 28; and

(ii)the details of the mode of payment, including bank account details and digital payment modes as decided by the Society.

(c)The Society shall furnish copies of the documents from the date of receipt of fees—

(i)within forty-five days; and

(ii)within thirty days, where the Society is assisted by the Government in the form of share capital, loan or land.

(d)Copies shall be supplied in physical form or digital form if available.

(e)The Secretary or authorised person shall be responsible for—

(i)communicating the fees within the prescribed period;

(ii)ensuring supply of copies within the prescribed time limit; and

(iii)maintaining a register of applications received, fees communicated, payments received and copies supplied.

Bye-law 39. Fees for Inspection and Supply of Copies

(a)The fees for obtaining copies of documents and records under Bye-law No. 27 shall be as prescribed by the Registrar under Section 154B-8 of the Act.

(b)Until such fees are prescribed by the Registrar, the Member of the Society requiring copies of documents shall pay copying fees and other charges at the following rates:—

Particulars

Note: A Member shall have the right to inspect records and obtain copies of documents in accordance with Section 154B-8 of the Act. However, the Society shall not disclose or provide copies of any confidential, personal or sensitive information relating to any Member or any other person, such as Aadhaar Card, PAN Card, Passport, bank account details or any other information, the disclosure of which is prohibited or restricted under any law for the time being in force, except where such disclosure is required by law or by an order of a competent authority.

Bye-law 40. Sub-letting, Leave and License

(a)A Member who sub-lets his flat or shop or gives it on leave and licence basis, caretaker basis or parts with possession in any other lawful manner shall intimate the Society in writing.

Such intimation shall include:—

(i)a copy of the duly stamped and registered leave and licence agreement or other lawful document; and

(ii)a copy of the police intimation or police verification, wherever required under applicable law.

Bye-law 41. Restriction on Assignment of Occupancy Rights

(a)No Member shall assign, mortgage or create any charge on his occupancy rights in the flat without prior permission in writing of the Society.

(b)Such permission shall not be required where the assignment, mortgage or charge is created for obtaining loan or repayment of loan from:

i.Employer;

ii.Life Insurance Corporation of India;

iii.Bank or Financial Institution;

iv.The Society;

v.Any agency approved by the Government or Commissioner for Co-operation.

(c)The Member shall, however, intimate the Society of such transaction and submit necessary documents for record.

Bye-law 42. Resignation of Membership

(a)Resignation by a Member A Member, including a Joint Member, if any, may resign from the membership of the Society by giving three months’ notice in writing to the Society.

(b)A Joint Member may resign his membership at any time by giving notice in writing to the Secretary of the Society through the Member with whom he holds the shares jointly.

(c)An Associate Member may resign his membership at any time by giving notice in writing to the Secretary of the Society.

(d)A Provisional Member may resign his membership at any time by giving notice in writing to the Secretary of the Society.

Bye-law 43. Conditions for Acceptance of Resignation

(a)No resignation of a Member shall be accepted unless all dues payable to the Society by such Member are paid in full.

(b)Where any dues are found payable, the Secretary shall, within fifteen days from the date of receipt of the notice of resignation, communicate to the Member the details of such dues and call upon the Member to pay the same within thirty days from the date of such communication.

(c)Where no dues are outstanding or the dues are paid within the stipulated period, the Committee shall accept the resignation and the Secretary shall communicate the decision to the Member within three months from the date of receipt of the notice of resignation.

(d)Where the resignation is not accepted, the Committee shall record the reasons and communicate the same to the Member within three months from the date of receipt of the notice of resignation.