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Maharashtra releases draft Model Bye-Laws 2026 for housing societies

#Law & Policy#Residential#India#Maharashtra
Synopsis

The Maharashtra Cooperation Department has released the draft Model Bye-Laws 2026 for cooperative housing societies and invited suggestions and objections from societies and other stakeholders before finalising the framework. A consultation on the draft was held in Pune on August 13 under Cooperation Commissioner Deepak Taware, with department officials and representatives of the Maharashtra State Cooperative Housing Federation participating. The proposed framework addresses several areas affecting housing societies, including redevelopment, maintenance and service charges, parking, electric vehicle charging, digital records, governance and dispute resolution.

The Maharashtra Cooperation Department has released the draft Model Bye-Laws 2026 for cooperative housing societies and opened the framework for public suggestions and objections, with a consultation held in Pune on August 13 to discuss provisions covering redevelopment, maintenance, parking, electric vehicle charging and society governance. 
The consultation was chaired by Deepak Taware, Commissioner of Cooperation, Maharashtra State, and attended by senior officials of the Cooperation Department and representatives of the Maharashtra State Cooperative Housing Federation. The department is seeking inputs from housing societies and other stakeholders before the draft is finalised. 
The proposed bye-laws seek to update the framework governing cooperative housing societies to reflect changes in residential developments and the issues currently faced by society members and managing committees. The draft places greater emphasis on formalised procedures, transparency in management and mechanisms for resolving disputes. 
Redevelopment is among the areas covered by the proposed framework. The provisions are intended to provide societies with a clearer set of rules for handling redevelopment-related matters, an issue that has become increasingly significant for older housing societies across Maharashtra. The draft also addresses parking and the installation of electric vehicle charging infrastructure as residential societies adapt to changing requirements. 
Maintenance and service charges are another key area addressed by the proposed framework. The draft seeks to establish greater uniformity in the manner in which different categories of charges are apportioned among members. Under the proposed approach, common service-related expenses would generally be shared equally, while charges linked to the size of individual flats or units would apply to specified categories such as insurance, lease rent and certain repair-related funds. 
The proposed framework also places limits on certain charges. Non-occupancy charges for flats that are rented out or given on leave-and-licence arrangements are proposed to be capped at 10% of service charges. Interest on delayed maintenance payments is proposed to be limited to 12% simple interest per annum. The provisions are intended to provide a more consistent basis for recovering society dues while limiting disputes over excessive charges. 
The draft also provides for funds required for the long-term upkeep of housing societies. Existing proposals include minimum contributions of 0.25% of construction cost annually towards the sinking fund and 0.75% towards the repair and maintenance fund, subject to the applicable framework and decisions of the society’s general body. 
Governance and record management form another part of the proposed changes. The draft framework seeks greater transparency in accounting and society records, while provisions relating to digitalisation are intended to make access to information and management processes more efficient. The proposed framework also seeks to strengthen dispute-resolution mechanisms between members and housing societies. 
The draft bye-laws remain under consultation and have not yet become the final governing framework. Suggestions and objections received from societies and other stakeholders will be considered before the Cooperation Department finalises the provisions. The process follows the state’s wider effort to update the regulatory framework for cooperative housing societies and address operational issues arising in increasingly complex residential developments.

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