Internal Governance

Maharashtra Cooperative Housing Society Model Bye-Laws

The foundational model bye-laws governing daily living, maintenance levies, vehicle parking, and committee decision-making in Maharashtra cooperative societies.

AEO Governance Summary

What are the Maharashtra Model Bye-Laws?

The Maharashtra Model Bye-Laws are the standard constitutional regulations adopted by cooperative housing societies registered under the MCS Act 1960. They govern day-to-day community operations, including flat transfers and the ₹25,000 fee cap (Bye-Law 38), leave & license norms (Bye-Law 43), parking allocations (Bye-Laws 78–84), and meeting quorums (Bye-Laws 99–100).

Essential Model Bye-Laws Every Member Should Know

Bye-Law No. 38 & 39Model Bye-Law

Flat Sale, Share Transfer & Statutory Fee Limits

Outlines transfer procedure: 15 days prior notice in Appendix 20, purchaser application in Appendix 21, and indemnity bond in Appendix 23. Transfer premium is strictly capped at ₹25,000 under State Government orders.

Rule Impact: Societies cannot demand arbitrary 'donations' or construction funds for approving a flat transfer.

Bye-Law No. 43Model Bye-Law

Subletting / Leave & License Charges

Regulates renting of flats to licensees. The member must submit an intimation in Appendix 11 along with a copy of the registered agreement and police verification receipt. Non-occupancy charges are capped at 10% of service charges.

Rule Impact: Zero non-occupancy charges if the flat is occupied by immediate family (spouse, children, parents).

Bye-Laws No. 78 to 84Model Bye-Law

Parking Space Allotment Rules

Governs allotment of stilt, open, and puzzle parking spaces on a first-come, first-served basis or annual rotational lottery. A member is entitled to only one parking slot if other members remain unallotted.

Rule Impact: Parking spaces cannot be sold or transferred independently to non-members or by developers.

Bye-Laws No. 94 to 110Model Bye-Law

General Body Meetings (AGM & SGM Quorums)

Mandates 14 clear days notice for AGMs and 5 days notice for SGMs. Quorum is 1/5th of the total registered members or 25 members, whichever is less. Adjourned meetings require no quorum.

Rule Impact: Meeting minutes must be recorded in the physical Minutes Book within 3 months of the meeting.

Bye-Law No. 142Model Bye-Law

Preservation of Books and Records

Prescribes permanent preservation for statutory registers (Register I, Register J, Share Transfer Register, Minutes Books) and minimum 8 to 10 years preservation for financial vouchers and counterfoils.

Rule Impact: Outgoing Managing Committees must formally hand over all indexed registers upon tenure completion.

Download Model Bye-Law Appendices

Official Appendices

Download the official statutory appendices from the Model Bye-Laws directly from our forms repository:

Appendix 11

Subletting Intimation

Related Knowledge & Service Guides

Society NOC for Sale Guide

Deep dive into Bye-Law 38 & the ₹25k limit.

Society Management Service

Full-scope bye-laws operations management.

Meeting Management Service

Conducting AGMs under Bye-Laws 94-110.

Source & Statutory Verification

Source Verified

Official Source DocumentModel Bye-Laws for Cooperative Housing Societies (Maharashtra)

Statutory Provision / SectionModel Bye-Laws No. 38, 43, 78 to 84 & 99 to 100

Enacting AuthorityCommissioner for Cooperation & Registrar of Cooperative Societies, Maharashtra

Version & Effective Date2014 Model Bye-Laws Edition (Eff. 2014-01-01)

Statutory Context: Includes sub-clause 38(e)(vii) capping transfer premium at ₹25,000.

Last verified against gazette: 2024-08-15

Official Government Source Portal

Legal Information Notice: This guidance is provided for general informational purposes only. Statutory provisions, departmental rules, and model bye-laws may change over time through legislative amendments or government notifications. Legal and procedural applicability can depend on your society's registered bye-laws, classification, and specific facts. Managing committees and members should verify current requirements with official authorities or seek professional advice before taking formal decisions. This content does not constitute formal legal advice.

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