The member must tell the society 8 days before, and give a copy of the registered agreement and the police intimation. Your society's own registered bye-laws decide, so ask for them. A non-occupancy charge may be levied, capped at 10 per cent of the service charge.
What the record says
- Model bye-law 42(2) (tenant co-partnership model, 2014) and 43(2) (proposed model): no permission needed, 8 days notice to the society.
- The member must give the society a copy of the agreement and the police intimation report.
- Non-occupancy charge: 10 per cent of the service charge (rule 106C-12, Co-operative Societies Rules, as amended 18 June 2026).
- The IGR model agreement puts non-occupancy charges on the owner.
The basis
Co-operation Department model bye-laws and Maharashtra Gazette of 22 June 2026, read 14 Oct 2026
MAHARASHTRA COOPERATION COMMISSIONER, MODEL BYE-LAWS 2014, TENANT CO-PARTNERSHIP HOUSING SOCIETY, BYE-LAW 42 (FILE NAME SAYS FLATOWNER TYPE, THE DOCUMENT IS TITLED TENANT CO-PARTNERSHIP) · CHECKED 14 OCT 2026Sources
Where it comes from. Level 1 is a government page; level 2 established press; level 3 a portal. Our own read of public listings is named as ours.
- Maharashtra Cooperation Commissioner, Model Bye-laws 2014, Tenant Co-partnership Housing Society, bye-law 42 (file name says Flatowner type, the document is titled Tenant Co-partnership), https://sahakarayukta.maharashtra.gov.in/SITE/PDF/Rules_Acts_Bylaws/Model_Bye_Laws_of_Coop_Housing_Society_New_Flatowner_Type_(2-9-14)%20(1).pdf, level 1, read 14 October 2026
- Maharashtra Cooperation Commissioner, Model Bye-laws of Cooperative Housing Society (marked proposed), bye-law 43, https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Model_ByeLaws_of_Housing_Cooperative_societies.pdf, level 1, read 14 October 2026
- Maharashtra Government Gazette, Extraordinary, Part IV-B, 22 June 2026: Maharashtra Co-operative Societies (Amendment) Rules, 2026 (notified 18 June 2026), rule 106C-12, https://sahakarayukta.maharashtra.gov.in/site/upload/documents/Housing%20Rules%20Rule%20106C.pdf, level 1, read 14 October 2026
- IGR Maharashtra, model Leave and License agreement (clause 4, maintenance charges), https://efilingigr.maharashtra.gov.in/ereg/downloadstuff/LAndL.pdf, level 1, read 14 October 2026