Question 1

How is housing society maintenance calculated in Maharashtra?

Accepted Answer

Under the model bye-laws, maintenance is not one fixed amount but is made up of several parts: property tax, water charges, common electricity, repair and maintenance fund, lift maintenance, sinking fund, service charges, parking charges, insurance etc. (bye-law 64). Each part is shared differently (bye-law 66): service charges equally among all flats; repair fund at least 0.75% of construction cost a year; sinking fund at least 0.25% a year; lift charges equally among all members; insurance, lease rent and non-agricultural tax by built-up area; water by number of inlets. The general body fixes the rates.

Question 2

Is society NOC required to sell a flat in Maharashtra?

Accepted Answer

No. Under model bye-law 37, the society's No Objection Certificate (NOC) is not required to transfer a flat. The selling member gives 15 days' notice with the buyer's consent and submits the transfer application, share certificate, buyer's membership application, seller's resignation, registered agreement and an undertaking to clear dues. The application cannot be refused unless the law or bye-laws are breached; if no decision is communicated within 3 months, the transfer is deemed approved (bye-law 38).

Question 3

What transfer fee and premium can a housing society charge in Maharashtra?

Accepted Answer

Under bye-law 37 the transfer fee is Rs. 500 and the entrance fee Rs. 100. Premium only within the Government circular limit, as fixed by the general body. No donation or other amount beyond this may be taken. No premium on transfers within the family, to an heir/nominee, or on exchange of flats.

Question 4

What are the parking rules in a Maharashtra housing society?

Accepted Answer

Parking rules are framed by the general body, and the committee allots slots on a first-come-first-served basis (bye-law 77). A member who owns a vehicle is eligible, normally for one slot (bye-law 79). If slots are fewer than eligible members, they are allotted yearly by a fair method such as a lottery (bye-law 80). An allotted slot cannot be sold or transferred. Charges for an allotted slot must be paid whether or not the vehicle is parked (bye-law 82).

Question 5

Where to complain against a housing society in Maharashtra?

Accepted Answer

First give a detailed written complaint to any office-bearer of the society (bye-law 171). The committee must decide at its next meeting and inform you within 15 days (bye-law 172). If you are not satisfied or get no reply, go by subject: the Registrar (share certificate, membership, nomination, copies of records, not holding AGM/elections etc.), the Co-operative Court (resolutions, repairs/leakage, parking, water supply, excess charges etc.), the Civil Court (builder, conveyance), the Municipal Corporation (unauthorised construction, dangerous building) or the Police (nuisance, threats) — bye-law 173.

Question 6

How to make a nomination in a Maharashtra housing society?

Accepted Answer

A member can nominate one or more persons in the prescribed form (Appendix 14). The secretary's acknowledgement means the nomination is accepted. The first nomination is free; each later change or cancellation costs Rs. 100 (bye-law 31). After the member's death, the nominee must apply for membership within 6 months (bye-law 33). Membership received through nomination is held as a 'trustee' until the legal heirs are decided.

Question 7

What happens to a society flat if there is no nomination?

Accepted Answer

Under bye-law 34, within 6 months of learning of the death, the society invites claims/objections by a public notice on the notice board and in at least 2 newspapers. After inquiry the committee decides the heir, who must give an indemnity bond. If there are several claimants, they name one by affidavit; if they cannot agree, a court succession certificate is required.

Question 8

Is society permission required to rent out a flat in Maharashtra?

Accepted Answer

No. Under bye-law 42, the society's permission is not needed to let out a flat or shop. But you must inform the society in writing 8 days before letting it out and give a copy of the leave-and-licence agreement and of the tenant verification submitted to the police station.

Question 9

How much interest can a society charge on maintenance arrears?

Accepted Answer

Under bye-law 70, simple interest of up to 21% a year, or a lower rate fixed by the general body, can be charged on arrears from the due date. A member who does not pay the amount in the demand notice on time becomes a defaulter and the committee can start recovery (bye-law 69). Note: the 2026 amended rules are reported to lower this ceiling — see the 'Updates' section in the app.

Question 10

How much sinking fund and repair fund should a society collect?

Accepted Answer

Under bye-law 13, the repair and maintenance fund is as fixed by the general body, but at least 0.75% of the flat's construction cost a year. Sinking fund at least 0.25% of construction cost a year (excluding land cost, certified by an architect). Major repair fund as needed, in proportion to area. Education and training fund Rs. 10 per flat per month.

Question 11

When must a housing society hold its AGM and how much notice is needed?

Accepted Answer

The AGM must be held every year before 30 September; otherwise committee members face disqualification and action (bye-law 93). Give 14 clear days' notice for the AGM and 5 clear days for a special general meeting (bye-law 98). Quorum: two-thirds of all members or 20, whichever is less (bye-law 99).

Question 12

Can a member inspect society records and get copies?

Accepted Answer

Yes. Under bye-law 23 a member may inspect the society's books, registers and documents free of charge and get copies on paying the prescribed fee. Fees are set in bye-law 170, e.g. bye-laws copy Rs. 5 per page, minutes Rs. 10 per page, list of members Rs. 10 per page. If copies are refused, you can complain to the Registrar (bye-law 173).

Question 13

Is society permission needed for flat renovation or alteration?

Accepted Answer

Yes. Under bye-law 45 no addition or alteration may be made to a flat without the committee's prior written permission; apply to the secretary. Structural changes also need permission from the competent authority such as the Municipal Corporation.

Question 14

How much penalty can a housing society impose on a member?

Accepted Answer

Under bye-law 164, penalties for breaking the bye-laws are decided by the general body, not the committee. First the secretary points out the breach; if it continues, the committee issues a show-cause notice. After hearing the member, the general body can impose a penalty of up to Rs. 5,000 in total in one financial year. The penalty must be reasonable and the same for everyone.

Question 15

How often is a structural audit required for a housing society building?

Accepted Answer

Under bye-law 75, buildings 15 to 30 years old need a structural audit every 5 years, and buildings older than 30 years every 3 years (by panel engineers in municipal areas). Regular fire audits and lift inspections must also be done and recorded.

Question 16

What is the term of a society managing committee and how is a no-confidence motion passed?

Accepted Answer

An elected committee's term is 5 years from taking charge (bye-law 120). The chairman, secretary and treasurer are elected at the committee's first meeting. On notice by one-third of committee members, a special meeting chaired by the Registrar can remove an office-bearer by a two-thirds majority of members present and voting; the next such motion only after 6 months (bye-law 124).

Common questions Maharashtra Co-operative Housing Societies (2014)