The Maharashtra government has released a
draft of the model bye-laws 2026 for cooperative housing societies, proposing an extensive overhaul of the framework governing the day-to-day functioning of housing societies across the state. The draft covers membership and succession, maintenance charges, parking, electric vehicle (EV) charging, digital communication, structural safety, redevelopment, grievance redressal and several other issues that frequently lead to disputes between members and managing committees.
The draft model bye-laws for cooperative housing societies have been placed in the public domain by the state cooperation department for suggestions and objections. Citizens have until 27 August 2026 to submit their comments, after which the draft is expected to be placed before the state government for finalisation.
The exercise follows significant changes to Maharashtra’s cooperative housing framework over the past few years. Amendments to the Maharashtra Cooperative Societies (MCS) Act, 1960, introduced a separate chapter governing housing societies, while the Maharashtra Co-operative Societies (Amendment) Rules, notified in June 2026, laid down detailed housing-specific rules covering membership, succession, society funds, charges, recovery of dues, redevelopment and other matters (
Read: Maharashtra New Coop Housing Society (CHS) Rules: What You Need To Know).
As Moneylife reported earlier, many practices that were previously governed mainly through model bye-laws, government circulars and administrative directions have now been incorporated into statutory Rules. The draft Model Bye-laws are the next stage of this process, aligning the operational rules followed by individual societies with the amended Act and Rules.
The existing model bye-laws were last revised in 2014. The proposed 2026 version seeks to account for subsequent legal and technological developments as well as practical issues that have emerged in housing societies. Importantly, the document is still a draft. Its provisions have not yet replaced the existing Model Bye-laws and could be modified after the consultation process.
Membership, Nomination and Succession
One of the important areas addressed in detail is what happens to a society membership following the death of a member. The draft incorporates the concept of a provisional member, introduced through the amended legal framework. Where a deceased member has made a nomination, the nominee can apply for provisional membership after submitting the prescribed application and indemnity bond. If there are multiple nominees, they may jointly authorise one of them to be admitted as the provisional member.
Where there is no nomination, the society is required to invite claims and objections from legal heirs by displaying a notice on the society’s notice board and publishing it in two local newspapers.
Crucially, provisional membership does not confer ownership, title or beneficial interest in the flat. It is a temporary arrangement to enable representation of the deceased member’s interest in the society until the person legally entitled to the property is determined.
The draft also sets out procedures for transferring shares and membership on the basis of succession documents such as a succession certificate, legal heirship certificate, probate of a Will, letters of administration or a court order.
It specifically makes clear that the society is not expected to decide disputes over the validity or interpretation of succession documents. Such disputes have to be resolved before the competent court. This distinction is important because nomination in a housing society is often mistakenly treated as equivalent to succession or ownership.
Parking: First Space for Each Flat, Then Additional Allotments
Parking, a frequent source of disputes in housing societies, gets a detailed chapter of its own. The draft provides that open and stilt parking spaces forming part of the approved layout or common areas cannot ordinarily be independently sold or permanently transferred. A builder’s allotment letter, receipt or a member’s occupation of a particular space would not by itself create ownership or permanent proprietary rights over it.
Subject to availability, the society is required to first allot one parking space to each flat or unit before considering applications for additional parking. Only after the requirement for the first parking space has been met can additional spaces be allotted. Where demand exceeds the number of spaces available, the society can follow a transparent system such as a waiting list, draw of lots or rotation.
Additional parking spaces can be allotted temporarily or annually and the society is expected to maintain records of allotments, cancellations, re-allotments, vehicle registrations and waiting lists. Parking charges are to be determined by the General Body within the framework prescribed under the Act, Rules and bye-laws.
The detailed provisions could help address a recurring source of conflict, particularly in older societies where the number of vehicles has grown far beyond the parking contemplated when the buildings were constructed.
EV Chargers Get Specific Recognition
Electric vehicle charging is one of the areas where the proposed bye-laws seek to provide a specific framework for housing societies. Under the draft, a member can install a private EV charging facility at a lawfully allotted or available parking space without requiring approval from the general body meeting (GBM), subject to compliance with applicable electrical, fire safety, and technical requirements.
The member would have to bear the costs associated with the facility, including load augmentation, metering, cabling, charging equipment, installation, civil work, electricity consumption and maintenance.
The society would be expected to issue the necessary no-objection certificate or permission unless there is a legally valid, safety-related or technical reason for refusing it. Societies may also establish common EV charging facilities for members and visitors.
The provision attempts to establish a clearer procedure in an area where individual members seeking to install charging points have increasingly come into conflict with managing committees.
Digital Communication and Meetings
The draft also recognises the increasing use of electronic communication in the administration of housing societies. A society may maintain an official email address and approved digital communication platform, while notices, bills, communications and other records can be issued or maintained electronically, subject to the Act and Rules.
The proposed framework also accommodates participation in meetings through audio-visual means and provides for electronic records and digital copies of documents.
These provisions should be read alongside the new statutory Rules, which have already recognised hybrid and video-conferencing participation in society meetings. The draft bye-laws, therefore, do not create all these rights afresh, but incorporate them into the detailed administrative framework societies are expected to follow.
Repairs, Leakages and Access to Flats
The draft contains detailed provisions allocating responsibility for repairs between the society and individual members—another common source of disagreement. Where repairs fall within the responsibility of an individual member and failure to carry them out results in continuing damage to another flat or to common property, the society may issue notice, undertake the necessary work and recover the actual cost from the member.
Members are also required to provide reasonable access to the society and to authorised contractors or technical experts for inspection and repairs of common services, structural audits, or statutory requirements. In an emergency involving danger to life or property, fire, flooding, leakage, structural damage or failure of essential services, the society may enter a flat without prior notice to the extent reasonably necessary to deal with the emergency.
Structural, Fire and Lift Safety
The draft consolidates several safety-related responsibilities of societies. Buildings between 15 and 30 years old are to undergo a structural audit once every five years, while buildings over 30 years old are to undergo an audit once every three years. The report must be presented to the GBM and any necessary repairs or safety measures must be implemented.
These structural audit intervals are not new; they have been part of Maharashtra's existing housing society framework. The draft retains them while bringing them together with provisions on fire audits, lift inspections, and broader safety compliance. Societies would also be required to maintain records of such audits and compliance.
Redevelopment Gets a Detailed Framework
Redevelopment occupies a substantial part of the proposed bye-laws, reflecting both the scale of redevelopment activity in Maharashtra and the disputes that have accompanied it. The draft gives the General Body a central role and covers developer-led redevelopment, self-redevelopment and other legally permissible models.
Before proceeding with redevelopment, a society is expected to examine factors such as the building's structural condition and remaining useful life; the feasibility and cost of major repairs; redevelopment potential; financial implications and risks; and the relative merits of conventional redevelopment and self-redevelopment.
It also provides for the appointment of architects and project management consultants through a transparent process and addresses possible conflicts of interest. Due diligence before redevelopment is expected to cover issues such as title to the property, conveyance or deemed conveyance, sanctioned plans, occupancy and completion certificates, pending litigation and encumbrances. For self-redevelopment projects, the draft envisages separate project-related accounts, records and financial controls.
Many of these principles draw on the amended Act, the recently notified Rules and government directions on redevelopment. Their inclusion in the Model Bye-laws, however, brings the various procedural requirements together in a framework that societies and members can more readily refer to.
Maintenance Charges and Society Funds
The draft also incorporates the financial framework introduced through the new Rules. Societies are required to maintain various statutory and other funds, including the reserve fund, sinking fund, repairs and maintenance fund and, where required, a major repairs fund.
The new Rules have already prescribed minimum annual contributions of 0.25% of the architect-certified construction cost of each flat towards the sinking fund and 0.75% towards the repairs and maintenance fund.
Similarly, the Rules have already capped interest on overdue society dues at 12% simple interest per annum, unless the general body decides on a lower rate, and capped non-occupancy charges at 10% of service charges, excluding municipal taxes.
The significance of their appearance in the draft bye-laws, is therefore, not that these limits are being introduced for the first time, but that the bye-laws are being aligned with the new statutory framework.
The draft also sets out the basis for apportioning different categories of charges among members, covering service charges, water, insurance, parking and contributions towards various society funds.
Pets, Waste Management and Renewable Energy
The proposed bye-laws go beyond conventional administrative matters and address several aspects of everyday community living. A society cannot prohibit a member from keeping a pet merely on the basis of objections from other residents. At the same time, pet owners are responsible for ensuring cleanliness and preventing nuisance, danger or inconvenience to other residents.
The draft also contains provisions concerning waste segregation and disposal, water conservation, rainwater harvesting, treated water reuse, composting, solar and other renewable energy systems, and energy-efficient lighting.
Societies are encouraged to adopt environmentally sustainable measures subject to applicable laws and feasibility.
Internal Grievance Redressal
The draft proposes a more structured mechanism for handling members’ complaints. Societies with more than 50 members may constitute a grievance redressal committee comprising one member of the managing committee and two society members who are not on the committee. The mechanism is intended to provide an internal forum for hearing grievances and attempting an amicable resolution. It does not, however, replace the legal remedies available to members.
The draft separately identifies matters that can be taken to the registrar or other competent authority, including refusal or delay in membership, failure to register nominations, excessive non-occupancy or transfer charges, failure to supply records, audit-related matters and failure to conduct statutory meetings or elections.
Other disputes, including certain disputes concerning repairs, leaks, parking, General Body or committee resolutions, and the appointment of developers or contractors, may fall within the jurisdiction of the Co-operative Court.
Not Everything in the Draft Is New
For readers trying to understand the proposed model bye-laws, an important distinction is that not every provision represents a new right, obligation or procedure. Some provisions existed in the earlier Model Bye-laws or through government circulars and directions, while others have recently acquired statutory backing through amendments to the MCS Act and the housing-specific Rules notified in June.
The draft itself identifies several provisions as existing provisions that have been reorganised or expanded for clarity. It should therefore be seen as part of the wider overhaul of Maharashtra's cooperative housing framework rather than as 183 pages of entirely new rules.
If finalised, however, the revised Model Bye-laws will become an important practical reference for how societies implement the new statutory framework in their day-to-day functioning.
The state cooperation department has placed the draft in the public domain and invited citizens, housing societies and other stakeholders to submit suggestions and objections before 27 August 2026. Members and managing committees can review the draft bye-laws, and submit their suggestions and objections by email to
[email protected] by 5pm on 27 August 2026.
