RESPONSIBILITIES AND LIABILITIES OF MEMBERS

RESPONSIBILITIES AND LIABILITIES OF MEMBERS

• Maintenance of Flats by Members Flats to be maintained

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

1. No Member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his flat.
2. 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.
3. No structural changes are permissible, without the prior permission of the concerned competent authority.
4. 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.
5. 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.
6. 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.

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.

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

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

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

1. has persistently failed to pay the charges due to the Society,
2. has willfully deceived the Society by giving false information,
3. has used his flat for immoral purposes or misused it for illegal purposes habitually,
4. 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,
5. has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.
6. 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 NonActive Member
7. 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.
8. 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.

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.

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.

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 Not to do anything causing inconvenience, to other Members. Committee to take action on complaints Grounds on which a Member could be expelled. Procedure for expulsion of a Member. Member Effect of expulsion on Membership of the Society. 22 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.

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

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

1. On his resignation from Membership of the Society having been accepted by the committee.
2. On transfer of all his shares and interest in the capital/property of the Society.
3. On his death.
4. On his expulsion from the Membership of the Society.
5. On being adjudged as an insolvent or legally disabled from continuing as Member.
6. 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.
7. On cessation of right/title & interest of a Member in the property of the Society, by way of legal attachment or sale.
8. 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.

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. 61.

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 :

1. On his death.
2. On the acceptance of his resignation by the Committee.
3. On cessation of Membership of the original Member on whose behalf he occupies the flat in the Society.
4. On cessation of his nomination on account of expulsion of the original Member.
5. 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.

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

1. On his death.
2. On his resignation having been accepted by the Committee.
3. On the cessation of the Membership of the original Member.
4. 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.

The Committee shall record the facts of cessation of Members Membership of the Society under the bye-law No. 54 and of Associate and Nominal Member’s Membership respectively under the bye-laws Nos. 55, 56 and 57, 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.