Maharashtra CHS Bye-Laws 2026: What Housing Society Members Need to Know

Still a draft

In August 2026 the Co-operation Department released draft Model Bye-Laws for cooperative housing societies, meant to replace the model bye-laws of 2014. Suggestions were due by 27 August 2026. That is how Moneylife reported the draft on 17 August 2026, and the details below come from that report.

Until the final text is notified and your society adopts it, the bye-laws your society has registered still govern it. Read what follows as the likely direction, and check the notified version before acting on any clause.

The cap on interest for late dues

The draft caps interest on members' overdue dues at 12% simple interest a year, unless the general body sets a lower rate. Moneylife attributes the cap to the 2026 Rules, the new chapter for housing societies notified on 18 June 2026.

If your society charges more on arrears, or compounds it, ask the committee which rule it relies on. An earlier version of this article described the cap as a limit on what a society pays when it borrows. That was wrong, and we have corrected it.

Non-occupancy charges

The draft caps non-occupancy charges, paid by members who let their flats out, at 10% of service charges, excluding municipal taxes. Owners who rent out a flat should check their society's current charge against that limit once the bye-laws are final.

Money set aside for repairs

Societies must keep a reserve fund, a sinking fund and a repairs and maintenance fund, and a major repairs fund where needed. The draft sets minimum yearly contributions of 0.25% of each flat's construction cost to the sinking fund and 0.75% to the repairs and maintenance fund.

Ask your society's treasurer how much sits in each fund and what the yearly contribution is. A building with empty repair funds will raise the money from members when the terrace or the lifts need work.

Structural audits on a fixed schedule

The draft requires a structural audit every five years for buildings between 15 and 30 years old, and every three years after that. The reports go to the general body.

Nominees of a deceased member

A deceased member's nominee can apply for provisional membership with an application and an indemnity bond. Provisional membership gives no ownership of the flat. Where there is no nomination, the society must invite claims from legal heirs by notice and newspaper publication.

Buying into a society

Before you agree to buy a resale flat, ask the society for its last three audited accounts, the balances in its funds, the date of the last structural audit and a no-dues letter for the flat. Arrears stay with the flat once it is in your name.

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