Cooperative housing societies: Common issues and solutions
Vinod Sampat 18 November 2013

Common issues in any cooperative housing societies or CHS can be resolved by discussion. If this does not solve the issue, the complainant may have to raise it to appropriate authorities, like municipal corporation, deputy registrar for cooperatives, consumer court and police

The recent Campa Cola episode shows that co-operative housing societies (CHS) must exercise due caution, when it comes to maintaining and ensuring that their buildings comply with the law. Sometimes, there are infractions between housing societies and individual apartment owners, as well as outsiders. However, many individual apartment owners are at a loss as far as grievance is concerned and do not know how to proceed with their complaint. There are several issues in a CHS, like car parking, leakages, fraudulent auditing, unauthorised construction (ala Campa Cola), and many other issues. Home owners need to know the right recourse to take action to ensure that their rights are maintained and upheld. Advocate Vinod Sampat who is the speaker at a seminar being hosted by Moneylife Foundation has given a brief of what you should do when you encounter various problems.
 

Register for the Moneylife Foundation Event by Vinod Sampat over here:
 

Some of the common problems related to co-operative societies and the solution to the same are produced as under
 

 

Problem

Suggestion Solution

A

AGAINST BUILDERS (ACT FAST BEFORE NEW ACT IS INTRODUCED!)

1

Sale of open parking space by builder, sale of pocket terrace by builder, not executing the conveyance, not giving statement of accounts, not obtaining occupation certificate, not obtaining building completion certificate, not handing over original documents of title of the property, not transferring the property card in favour of the legal entity

a) Approach Consumer Court for deficiency of service;

 

b) Approach the criminal court for cheating, criminal breach of trust, mischief, violations of the provisions of Sec. 11 & 13 of MOF Act;

 

c) Lodge  complaint  with  ULC  Department  as undertakings are given that conveyance will be executed within a stipulated period of time at the time of release of the plot from ULC;

 

d) Lodge complaint with ISO authorities if the builder has got an ISO certificate;

 

e) Lodge complaint with SEBI if the builder is going for a public issue and has not made the disclosures in the prospectus;

 

f)  Lodge complaint with BMC to black list the builder;

 

g) Lodge complaint with police seeking permission to take out morcha by peaceful means to protest against the acts of the builder.

2

Builder  not  sharing  the  amounts received from allotment of hoardings, installation of mobile tower on the societies terrace

a) Approach the consumer courts for deficiency of service;

 

b) Request police authorities to file an FIR;

 

c) Approach city civil court;

 

d) Approach High Court.

3

Builders developing adjacent plot and apprehension  is  there  that  the FSI/TDR of the society is being used

a) Write letters to BMC objecting to the same;

 

b) File a suit in High Court/ city civil court/ consumer courts praying for an injunction restraining the builder from utilizing the FSI/TDR of the plot of land for which the society has already been formed.

B

CO-OPERATIVE SOCIETY

1

Society not allowing visitors to park their vehicles in the building premises

a) Approach the police authorities stating that there is violation of the provisions of Table 15 READ WITH Regulation 36 of the Development Control Rules, read with Regulation 36 which stipulates that 10% (now 25%) of the parking space has to be kept vacant for the visitors;

 

b) Lodge a complaint with Bombay Municipal Corporation requesting the Corporation to cancel the occupation certificate as the terms and conditions pertaining to IOD have been violated.

2


Society not allotting car parking space to members

a) Draw the attention to the provisions of Table 15 Regulation 36 of Development Control Rules of Greater Mumbai;

 

b) Approach Consumer Forum for deficiency of service;

 

c) Approach Co-operative Court;

 

d) Approach Registrar’s office;

 

e) Note if you have other like minded members who are deprived of parking one each can approach different authorities;

 

f)  It will not make difference if the builder has sold car parking space to some other flat purchasers.

3

Co-operative Housing Society collecting exorbitant amounts at the time of transfer of flat, collecting exorbitant amount towards non occupancy charges

a) Approach consumer court for deficiency in service;

 

b) Approach police station for extortion, mischief against all the members of the managing committee with a specific request to lodge a First Information Report (FIR);

 

c) Approach metropolitan magistrates court;

 

d) Lodge complaint against auditor for professional misconduct.

4

a) Managing committee members not  issuing share certificate to members;

 

b) Co-operative Housing Society not taking action against the members of the managing committee who have misused the funds of the society;

 

c) Co-operative Housing Society not taking action against defaulters who are managing committee members

a) Approach Consumer Forum against society;

 

b) Approach Co-operative Court;

 

c) Approach the office of the registrar to remove the managing committee members;

 

d) If more complainants are there they can approach different authorities.

5

Co-operative Housing Society and its members employing minors

a) Lodge complaint for violations of Juvenile Workers Act, 1986, Bye law No 161(C), stipulates a punishment up to one year imprisonment and/or fine up to Rs20,000

 

b) Lodge complaint with labour & police authorities

C

CRITICS CORNER

1

Office bearers behaving as dictators.

Some members are having parties and disturbing the peace in the building

To lodge complaints with the registrar of co-operative societies, approach co-operative court or consumer forum;

 

For certain matters contact police authorities

2

Co-operative Housing Society not taking action against unauthorised construction

Lodge complaint with Bombay Municipal Corporation (BMC) for unauthorised construction

3

Co-operative Housing Society not responding to queries as regards payment of service tax

Do the correspondence with service tax department

4

Co-operative Housing Society not maintaining fire fighting equipments

As per section 3(1) Maharashtra Fire Prevention and Life Safety Measures Act 2006 read with rule 4(2) Maharashtra Fire Prevention and Life Safety Measures

Rules every society having a building of ground plus four floors and above have to submit / arrange to submit every half yearly a certificate to the fire authorities. I would like to have a copy of the same at my cost for the last three years. Take up such matters with fire authorities.

5

Co-operative Housing Society not showing records related to

various expenses being incurred by the society

Draw the attention of office bearers to the circular dated 10/3/1995 issued by co operative department.

6

Complaint  against  chartered accountant who has audited the accounts of the society

Write to Institute of Chartered Accountants of India highlighting provisions of act, rules and bye laws; Example: Exorbitant amount collected as donation, security not given by persons handling cash. Rule 107-B.

 

Money collected for car parking deposit, amounts of some members waived off, legal expenses recovered from only some members + action at consumer forum.

7

Complaint against auditor on the panel of registrar

Request the authorities to take disciplinary action against the auditor;

 

Request the authorities to remove the name of the auditor from the panel of auditors;

 

If it is a case of negligence approach the consumer forum for the losses caused with a prayer to recover the same from the auditor;

 

File criminal case. In our view permission to file criminal case from government authorities is required only if the person is appointed by the government;

 

If the employee is appointed by the head of the state then permission is not required.

8

Complaint against government officers for not giving the proper information

 

Always keep camera spy pen with you. It is not known when it can come handy

Approach the higher authorities;

 

Ask for the actions initiated against him in his earlier postings;

 

Ask the pending departmental proceedings going against him as of date;

 

Here RTI Act can be of help to you.

D

COURT MATTERS

1

Government officer not passing the order after the matter is kept closed for order.

 

 

Politely state that the judgment in the case has been reserved since a long time. Order XX Rule 1 of Code of Civil Procedure Code, 1908 fixes a model Time Limit of 30 for pronouncement of Judgment. Therefore please pronounce the judgment at an early date and do the real justice since ‘Justice Delayed is Justice Denied’ (You may also ask for all orders being passed by the said quasi judicial authority)

2

No track record as to the court case

Insist on roznamas of all the dates of the hearing

3

Reply received from advocates that

court is not sitting

Tell the advocate to take up the matter with the judge; who has got additional charge of the said court.

4

How to speed up court case

 

 

If you are a senior citizen you have a right to request the court to take up the matter for expeditious hearings in the light of the high court circular dated 3/08/2009. If a long date is given insist for a shorter date;

 

You can approach the higher court for directions to expedite the court case if there is urgency in the matter. File miscellaneous applications to get the necessary information.

5

How to protect ones interest in matters where there is possibility of litigation.

 

ALWAYS  CARRY  LATEST GADGETS AND RECORD

Use modern technologies like Google search and ask for help;

 

Tell your advocate to pray for ad interim injunction;

 

Tell the court for the appointment of court commissioner.

E

Right to Information -RTI

1

Despite writing no action is being initiated by government officers

Make an application under the Right to Information Act (RTI) to the public information officer.

2

Evasive replies are given by the public information officer. 4578 illegal cell towers in Mumbai. Action taken big zero. If a common man breaks the law will the BMC be lenient. What was our sleeping giant doing when such towers were installed? Why are criminal cases not being filed by BMC suo moto?

File an appeal. You may also file another application with the public information officer asking for information which may include copies of all the registers being maintained by the office, when the said registers are being updated, details of the registers which are incomplete, number of files in the office which are misplaced, not traceable, number of letters received per month by the office, details of the number of matters disposed of within one week, inspection of the files with specific reference to the files of the matters disposed of within one week. If you have asked for documents like certified true copy you can also approach the consumer forum as you are a consumer;

 

To put pressure you can tell your relative at say Gujarat to file a complaint from Gujarat in Gujarati. Section 11(c ) of the Consumer Protection Act, which stipulates that a case can be registered where the cause of action wholly or in part arises. (Samajnewale ko ishara kafi hai);

 

Ask for inspection and reply given to RTI queries in the last six months.

3

Society not getting copy of building plan

Write to the Bombay Municipal Corporation (BMC) authorities asking for the necessary information using  the Right to Information (RTI) act;

 

Also approach consumer forum for deficiency of services.

F

Police-related matters

 

Police not taking steps to lodge an FIR in case of a cognisable offence

Approach the magistrate u/s 154 of Criminal Procedure Code (CPC) to direct the police officers to register an FIR.

G

How to draft complaint letters

 

 

Letter to Co-operative Society/ Government authorities.

 

 

Address to society, managing committee members and various government authorities;

 

Follow up with email to various government authorities;

 

Take up the matter on Lokshahi Din;

 

Just do not stick to one subject. Highlight all the wrong things done in the society;

 

Dramatise the facts; For eg: Say that the collective value of the property is approx Rs50 crore. If it is government department like BMS say that the yearly budget is Rs2,800 crore and the same is not properly utilised. Ask for information which will result in time being spent by the opposite party which information may not be very important for you;

 

Highlight instances of corruption, inefficiency pointed out by government authorities eg. Anti corruption bureau, comptroller and auditor general;

 

Request the government authorities to download the orders as is stipulated in Right to Information act. It is common knowledge that authorities do not do all their jobs as per provisions of all in all cases, follow up with Right to Information application if the matter pertains to government department.

 

LASTLY reserve your right to take action as per due process of law.

H

Action against auditors

 

 

 

Stay tuned for the 2nd part which will be published tomorrow in the run up to Vinod Sampat’s seminar.

 

NOTE:
Those seeking help or advice on CHS issues can contact Moneylife Foundation’s Legal Resource Centre (LRC) ( http://moneylife.in/lrc.html )

 

(Adv Vinod Sampat is a practising lawyer since past 28 years. He has authored several articles on property-related matters and written 46 books on cooperative societies, transfer of flats, recovery of dues, registration and stamp duty matters. He has been an Hon. Patron member of the Estate Agents Association of India. He is also the Hon. Advisor of the Federation of Accommodation Industry of India and is an advisor to the Maharashtra Chamber of Housing Industry as well as the Federation of Accommodation Industry in India, apart from being part of many committees and winning several honours.)

Comments
vipul504d
5 days ago
Society made a fiber shed between my own terrace and society's common terrace to resolve water drainage problem of lower floors. Can society build fiber shed on my terrace wall and common wall
vijay1226games
7 days ago
Society had done renovation work for flat owners only including lift whereas, the shop owners don't get any renovation service as well as they are not using lift as the shop owners are not inside the society premise inspite of that the society wants the shop owners to pay renovation charges ...... How can shop owners avoid to pay the renovation charges to the society ..... Please suggest me the case laws or any legal way for it
nniyer2006
3 weeks ago
1st July 2021

My Housing Society is in Bhandup East. We passed necessary resolutions and initiated self-redevelopment process 1.5 years back and appointed a PMC for the job.

Due to Covid19 obstacles the progress was slow and at last we got our IOD two months back and we are in the verge of completing the formalities and obtain Commencement Certificate as land survey has been done 15 days back (the last requirement of IOD). However, the Report is yet to be received from MCGM.

At the Managing Committee Meeting held in the last week of May 2021 the Chairman categorically informed to a query of a Managing Committee Member that the Maintenance Charges will be charged at normal rates and the same will be revised at the SGM to be convened in which the date of vacation by members and PAA agreements will be finalised.

Accordingly, the Treasurer raised the Maintenance Charges Bill on 5th June 2021 for the first quarter viz, April to June 2021 and few members, including the Chairman remitted the amount.

However, at the SGM held on 16th May 2021, in which the draft PAA was discussed and no date was fixed for vacation, the same Committee Member raised the topic of reduction in Maintenance Charges and with the support of few more members reduced the Maintenance Charges from Rs.1500 per month to Rs.250 per month, that too with retrospective effect from April 2021. Since majority members desired, the Chairman too agreed to the proposal.

The query is – Is such resolution is valid in the wake of the Managing Committee’s decision NOT to reduce and based on which the Bills were also already raised??? Please clarify. Please note that based on the Bills few more members also paid the full maintenance (4 out of 12) charges and others, say 3 out of 12 the reduced charges. Others yet to pay i.e. 5 of 12.

Nagarajan Iyer
Mob: 80977 23196
rahul30m
2 months ago
Hi,

Can the society management committee members dectate that all members should not keep Plants in their balcony as it spoils the paint of the Building? Can they fine the member in case member does not agree to such restrictions?

Also if a particular member has been allotted more than one cover car park slots and the members is paying maintenance regularly, can the society's management committee charge extra/double the amount towards parking charges to that particular member as compared to other members who have been allotted just one car park and recover some money through his maintenance bills to cover other costs ?

What legal course one can follow in all the above situations? Is there a guarantee of quick justice?
mpsramani
Replied to rahul30m comment 1 month ago
You have asked too many questions. Each question has to be answered separately. Managing Committee has no powers except those specifically given to it as its duties under the bye-laws of the Society. Societies have to adopt the Model Byelaws. Managing Committee is bound to give you a copy of the bye-laws at the prescribed cost. If they don't give purchase a copy from Federation Office. It will give answer to all your questions.
You look at each of your issues and examine it. If it appears to good follow it. Otherwise fight it out.

Regarding plants in the balcony. MC says that it will spoil the paint. Do you feel it will spoil the plant? Has it spoiled the paint in your balcony or in the balcony of any other member? There is no byelaw that says that plants cannot be kept in the balcony. But byelaw says that members should keep their flats neat and tidy. It goes without saying that members should not do anything that will make surrounding outside of their respective flats unclean or cause damage.
Byelaws allow allotment of parking lots to members. Their charges are to be approved by the General Meeting. If additional parking lots are available after satisfying the needs of members they can be allotted to members having more than one car. It is up to the General Meeting to charge a higher rate for additional parking lot .
rahul30m
2 months ago
Hi,

Can the society management committee members dectate that all members should not keep Plants in their balcony as it spoils the paint of the Building? Can they fine the member in case member does not agree to such restrictions?

Also if a particular member has been allotted more than one cover car park slots and the members is paying maintenance regularly, can the society's management committee charge extra/double the amount towards parking charges to that particular member as compared to other members who have been allotted just one car park and recover some money through his maintenance bills to cover other costs ?

What legal course one can follow in all the above situations? Is there a guarantee of quick justice?
rahul30m
2 months ago
Hi, can the society management committee members dictate whether all members should take services from specific internet service providers only (Max 3 based on majority of members who have subscribed to leading internet service providers in that area) and if that rule is not followed they will either disallow any member from subscribing to any other internet service provider OR they will cut the cables in case the member does not agree to follow this rule laid down by society members?

Also can management committee disallow/block members from going to the terrace for taking morning or evening walk?

Also can management committee lock the main gate of the society to stop guests from parking their vehicles in building premise OR block specific members from parking their cars inside the open car park area since the open car park area us already taken up by few members on a first come first serve basis long ago?


What legal course one can follow in all the above situations? Is there a guarantee of quick justice?
anshrankayt
9 months ago
can the secretary of my building disallow kids from using society properties like the terrace and even put a ban on playing outdoor sports . tIaday in Mumbai due to a power cut me and my friends all 16-17 years old asked for the terrace keys and the secretary just denied to give the keys for no reason .
vevovivek
Replied to anshrankayt comment 3 months ago
No, they can't disallow to play. They can ask to make sure noise is not created ( as it will disturb others & noise disturbance is legally wrong too), not to trouble anyone like if playing cricket/ football it may break glass or hit anyone so this needs to be cared. Such common sense things can be restricted but not total restriction, you will have to talk to cops or take it to local city court.
pramod2284
1 year ago
Did your problem got addressed,what action have you taken,I have a similar sort of situation.
ankitnavedia
1 year ago
Hi - I have requested my society chairman for allwoing to do excerise and keep some of my Gym Equipments on Building terrace till lockdown and promised to remove all the equipments once the lockdown is over also given the same in written. Now in my society some people are asking me not to excercise on terrace and also taking my pictures in their cellphone (I dont know why). Chairman has approved my request. Now everyone in my society user terrace space to dry their clothes. As a member I think I am also allowed to use terrace space for my use as I am also paying maintainence. Is there any law to shut them up and inform them that if they dont let me use they also cant use? Please let me know soon. Thanks
vevovivek
Replied to ankitnavedia comment 3 months ago
You can use it too, they are being partial. You just need to make sure you don't create noise/ vibration which will disturb others. Also, make sure you don't occupy the space for whole day when not in use, it may cause annoyance to others as they will not be able to utilize it to it's fullest. You will have to talk to them or take it legally, in your city court.
manubsharma
1 year ago
my society not following order of Deputy Registrar regarding correcting wrongly charged interest and penalty to me i had paid my dues in advance since 2011 till 2020. dispute was for some period in 2011 i have paid my dues along with interest in Dec'2011 and later paid my dues in advance. a approached Deputy Registrar and Registrar order to remove excessive interest and penalty.
Pravin Bakshi
2 years ago
In my housing society, we have noticed terrace being used to assemble to drink, eat and litter in the evenings by young member family and friends..

Is there in bye laws or liquor control rule to restrict this activity ...Can MC introduce a law to this affect ..? Is CHS Premises defined as public place ?
Albert
2 years ago
I have external bldg leakage issue for past 3yrs. This leakage has damaged my bedroom ceiling. The leakage has caused damage to the electrical fitting short circuit and sparking. I have been approaching the soc secretary n the managing committee in writing and in person but till date nothing has been done to resolve the problem. This tower is 5yrs old.
Pls advise course of action.
Thank you
novasimpex
Replied to Albert comment 1 year ago
Complain to dy registrars office
Shalini kamath
2 years ago
We have parking issue in our building. There is no space for parking cycles due to which the cycles are parked in the entrance/corridor of the building. The issue is some cycles are rusted and inspite of repeated requests the owners are not taking any steps to dispose them or take away the cycles . Since the rusted cycles may cause injury to flat people passing by , please advise how the society management can take action against this.?
vevovivek
Replied to Shalini kamath comment 3 months ago
Write a letter to society management, if they don't resolve then you have to complain to municipal corporation (which will eventually not help too), you will have to take it legally, to city court.
Prashant Kamath
2 years ago
Hi Sir,

My father had purchased a flat back in year 1985. The land of the society is a collector land. We have purchased a car recently and asked society for stilt car park. Secretary refused to give so. Hence we had parked in a emergency parking for some time. Secretary issued a notice to move the car or it will be towed. But my father refused to take the notice. Hence secretary stuck the notice on my car which made the damage to my car.
Hence my father gave a letter over the same. Thus secretary tore that letter without acknowledgement. Now my father filed a case on the society regarding the same. But the secretary in revert put the legal charges on us, But that too without any bill or voucher. Hence my father is not paying the legal fees there on. This has caused the increase in interest.

Can anyone confirm if society has rights to put the bill on society members for legal charges. If yes then on whose name that bill should be. Is anything written in by laws then kindly confirm and share
raps.reinforce
2 years ago
My society is trying to mark my flat from where I run my profession, as consultant, as Commercial. Whereas I have none of my clients visiting me and neither have any regn. there nor any display board at the place. I just do my own accounts and paper work. Can they do that?

Moreover, they want to charge me with a difference of Residential n Commercial from Retrospective date from the date of my purchase (dating 13 years back). Can they legally do it or are they supposed to charge me after the same is passed in their MC/General Body Meetings? There were no rates fixed (passed in any MC/GB Meetings) for the maintainence since then. The rates were recently fixed and passed in AGM for each flat as per Sq.Ft. and of Commercial/Residential. But it has still not been decided in any MC/GB Meetings whether my Flat is to be charged Commercial/Residential.

Moreover, the Society has not been mantaining its mandatory records and have recently started doing so. Hence, the chances of manipulation are really high.
MDT
Replied to raps.reinforce comment 2 years ago
We do not know, if you are aware that Moneylife Foundation has a free helpline for providing answers on the same subject from reputed experts. We request everyone to send their queries through the LRC page. This helps us to keep records and track queries while submitting report to sponsors of this Free Helpline. Here is the link http://www.moneylife.in/lrc/#ask-question
raps.reinforce
2 years ago
My society is trying to mark my flat from where I run my profession as consultant as Commercial. Can they do that?

Moreover, they want to charge me with a difference of Residential n Commercial from Retrospective date from the date of my purchase (dating 13 years back). Can they legally do it or are they supposed to charge me after they pass it in their MC Meetings?
Veeresh
2 years ago
Closely related to CHS issues are the issued faced by members of Registered Societies under 1860 Act and members of AOPs under no known Act. This article is very interesting and keeps getting responses - so here's one more piece of information - 25 lakh out of 32 lakh Societies under the 1860 Act can not be traced!!

https://www.financialexpress.com/archive/mssr-bill-to-get-more-teeth-regulate-over-15-m-societies/1137778/
Kaushik Shah
2 years ago
I have flat at Kandivali.oeiginal sale deed lost. Which was not registered.how to pay stampduty on Xerox copy. Pl advice me
Mitali Waradkar
2 years ago
Can we keep the shoes in front of our door in co Op soc
anuj
2 years ago
My flat does not have a balcony/terrace attached to it. However there is a space attached to my flat that can be accessible only to me if I replace an existing window with a door. Can society allot/allow access to this terrace to me for a charge.
Girish Manjrekar
2 years ago
Sir.....while I was reading an article about "Fire safety aspects that home owners shouldn’t ignore" on some blog, where i have got one question mingling in my mind about water storage tank.....We are observing that society committee has taken a decision to put a water storage tank in a society premise space where there is a Electric Meter room near by........A work is in progress regarding the same. So while digging activity, chair man said we will be putting a storage tank in that space where meter room is nearby...the space of near by is approximately of 25feet by 12 feet..... So is it a right decision to keep a water storage tank near electric meter room with respect to Fire Safety or is there any bye law to restrict the same.....Is it a right decision w.r.t safety and security of building premise is concerned?.......Awaiting for your valuable reply on the same.
Roop Kaul
2 years ago
Can a Member of CHS who is a Defaulter confirmed by Registrar Of Soc Under Sec101 change the status of his property without settling his Dues as per the order of the Registrar
Jason Joseph
2 years ago
Our Builder has not handed us the Society since last 5 years. We would like to have a good advocate to fight our case with the Builder, and he is dilly-dallying, by handing over inadequate papers. I stay in Malad and a good and honest advocate in a radius of 10 kms will help us. Please guide.
Shirish Sadanand Shanbhag
Replied to Jason Joseph comment 2 years ago
A good advocate to deal honestly such a matter with the builder is not born.

It is you, buyers of flats, should take up the case against the builder with District Consumer Court, and ask the court to direct the builder to get Co-operative Housing Society established for your building.

For personalised free of charge expert's guidance, come to Moneylife Foundation Office on Tuesday, between 3pm and 7pm, after you fix your appointment on any working day, on Tel 022 4920 5000.
Jason Joseph
Replied to Shirish Sadanand Shanbhag comment 2 years ago
Now the Builder has decided to hand over the Society to the Building residents, but he says he will hand over the Xerox copies duly stamped and signed and will keep the originals. Share Certificate and Society Letterhead will be enough for anyone to avail housing loans. True copies i.e. the Xerox copies duly stamped and signed is enough for reference. He says, is it okay. Please guide.
Balraj Shetye
3 years ago
Hi,
Our society managing committee body election is skipped for 21 months and old body is still holding the office. Please guide us what should be done in this matter. Is there any way to regularize it.
Albert
3 years ago
Hi
I am residing in a redevelopment society in Mumbai which was registered in 2010. Till date the Secretary/Chairman are not issuing us the share certificate.
Also my other fear is can our society be registered without executing the Lease Deed with BMC.
Please advise what course of action to be initiated against the Secretary and Chairman.
Thank you
Sucheta Dalal
Replied to Albert comment 3 years ago
as mentioned below: You need to file your query to http://moneylife.in/lrc.html or meet out expert on Tuesday between 4pm to 7pm at Moneylife Foundation's office in Dadar West (Mumbai) for a one-to-one free guidance. You need to bring documents related with your case for meeting with the expert.
Kunal Solanki
3 years ago
Hi I am staying in bhayander (East). Since last few month my family is in problem because of our building Society they are harassing us mostly the chairman. Before 6 month we had done the paint work in my house so we had also painted our external wall outside the door slightly dark color from the previous color so after 6 month we got a notice from the society that you had done different color so you have to change other wise you have to give penalty 1000 rs. We didn't change the color after 1 week they added penalty 1000 rs in our maintenance.
What my question is there are 3 flats they also had done different color but they didn't penalized by society and also there are many flats they had done the whole wooden furniture outside the door they were also not given any penalty so why only we were penalized
So what should I do is there any law or solution that can help me to get outside this mess ?
MDT
Replied to Kunal Solanki comment 3 years ago
You need to file your query to http://moneylife.in/lrc.html or meet out expert on Tuesday between 4pm to 7pm at Moneylife Foundation's office in Dadar West (Mumbai) for a one-to-one free guidance. You need to bring documents related with your case for meeting with the expert.
Ramesh Pittala
3 years ago
Ours is a complex of 6 buildings with 4 buildings as 4 societies and 2 buildings plus commercial complex being one society. Out of the 4 societies, 2 are yet to be registered as a Co-operative Housing Society. Legally there are 3 societies and one society is yet to be formed. The entire complex comes under federation (Apex) which is yet to be formed and pending due to 2 societies yet not formed. The unregisterd Apex body formed a "cultural committee" to conduct Ganapati Pooja Festival and other major festivals through out the year and wants to collect donations from the members of the all the buildings within the complex. The minimum amount per flat is Rs.1000/- but the maximum is no cap and people can contribute voluntarily any amount to the unregistered cultural committee. My query is Can this "Cultural Committee" mobilize funds from the members without registering as a legal body ? If no what are the repercussions ? Do they need to pay taxes in respect of GST and Income Tax to the Tax authorities ? Will there be any penalties, interest levey or punishment to the organizers ?

Please respond immediately
MDT
Replied to Ramesh Pittala comment 3 years ago
We do not reply on queries posted here. We have a separate helpline, Legal Resources Centre for this. Request you to file your query through our website for the records. Here is the link https://www.moneylife.in/lrc/#ask-question
Neetu Sharma
3 years ago
My ex husbannd died on 30th October 2017. He is the owner of a Flat in Dahisar East.
He had made Nomination in favour of my son , duly acknowledged by CHS. My son is 30 years old. My ex husband had not re married and was staying alone. We had written several letters to CHS to transfer the SHARE CERTIFICATE in the name of our son.
on one or other pretext, office bearers were delaying . They said to wait till Christmas 2017, then new year and so on... We have appointed advocate. Our advocate advice us to give the flat on rental basis after giving Indemnity Bond APPENDIX 18 on Rs 500/ stamp paper(under bye law no 34)and also APPENDIX 15, form of Application for Membership by Nominee (underBye Law no 35) But there is no response from CHS.
Finally my son has made Leave License Agreeement by paying stamp duty and registration fees on 15 th August and sent the copy of LL Agreement by regd.letter to CHS. Yesterday Chairman , Secretary and other office bearers went to the flat and threaened the tenant to take legal action against him stating that he is staying un authorisidely. WE have also sent Police verification to Police Station by regd post as in Dahisar , now they are not accepting physical form and one has to send by post.
What action can be taken against CHS for:
1) They are not transferring the SHARE CERTIFICATE in the name if Nominee after lapse of 10 months . ( We had meeting with CHS's advocate and provided all the documents asked by him)
2) For threatening the tenant for taking Legal Action
Thanking you,
Raksha Raichura
Sucheta Dalal
Replied to Neetu Sharma comment 3 years ago
Instead of posting personal queries in a public forum, you may like to come to moneylife foundation on a Tuesday between 5 pm and 7 pm and seek FREE counselling from Mr Shirish Shanbagh. Please check teh foundation website for details http://foundation.moneylife.in
Neetu Sharma
3 years ago
Can Society pass a resolution in AGM to pay Rs 5000/ donation to the person who gives his/her flat on rent .Is the resolution binding ? My son has a flat in CHS in Dahisar East
Ashvini Sambe Ghayar
3 years ago
Hi Sir,

Myself Ashvini Ghayar Society body member of Tulip co-operative housing society as per requirement of our society as per buy laws our body decide to collect major expense fund on the basis of sq. feet area which is to be use for Lift & generator or any major expenses .please let me know this is correct to raise such fund on sq. feet basis as one member of 2BHK flat saying all member use lift & generator equally then why sq. feet basis. ? but as per busy law all society fund exp need to collect sq. feet basis can you please give me ur opinion on this. Also common maintenance for regular monthly exp. till date we collect equally for all 1 BHK & 2 BHK flat owner but as there is some argument going forward we need to collect sq. feet basis is this ok?
Shahzad Wadia
3 years ago
Managing Committee of Co-operative Society is removing the individual overhead tanks on the terrace which was given by the builder and is part of the contract with the purchaser. It is being removed without individual consent and under the guise of it having been approved at an AGM where we were not present. Is it legal. Request your reply on an urgent basis as it is matter of water supply.,
sanjay Kumbhar
3 years ago
I have installed DTH antena on parafit wall of the society on last floor to get good signals in 2003 as my flat is on 1st floor. One of the member called me and told me that he is removing the DTH antena as it is installed on the parafit wall of his flat on 3rd floor. How legal is to remove the DTH of one of the member living on first floor by the other member living on 3rd floor? any body suggest what can I do in such case??
Deep rajput
3 years ago
Hi friends,I live co housing society in borivali I.c colony,Secretary of society is not allowing me and my friends(2-3)(not from society)to sit and talk in society premise ...is there any rules like that...plz suggest
Krishna Chandarana
3 years ago
Hi I live in CO operative housing society we have a problem with leakage from 2009 n when we completed about it they said we don't have leakage so those who have they should do it as mine is the top floor I have to do work on terrace from mine pocket. Leakage is going worse day by day we don't have a place to sleep in appatment I am paying maintanace regularly this year also the rejected the terrace work in socity meeting what should I do pls help me every year terrace repair expances r going high n it's always on ur pocket
ajay vichare
3 years ago
seeking suggestion : in my house some crack on my pillar. i approach my society to look into it but they denied and said its internal work you have to look into it... can you confirm me it the right statement.
JAYESH DALPATBHAI MISTRY
3 years ago
Very nice information
NRAJENGANESH
3 years ago
Have sent my query
sudhakar padhye
3 years ago
Sir
Before redevelopment of our Sty, 16 members were there. After redevelopment new 30 members applied for membership, but Sty asked them to pay 10000 with membership form to come with equal level of funds of 16 members which is 160000. Whether this act of Sty is correct? if so by which law ? Please quote clearly.
2) Dy Registrar dismissed Sty's application for 101, however Sty is not ready to remove arrears from bill which was shown for 101 application.
3) Dy Registrar ordered U/s 23(2) appeal against Sty and asked Sty to issue Share Certificate and take the entries in books about Associate Member. But Sty not obeying order. What can I do in these cases. Please guide me
sudhakar padhye
3 years ago
उप निबंधक यांचेकडे सोसायटीने १०१ नुसार अर्ज केल्यानंतर सुनावणी होवून उ निबंधक यानी त्यांच्या आदेशानुसार सोसायटीचा दावा नामंजूर केला तरी सुध्दा सोसायटी बिलातील खोटी थकबाकी काढावयास तयार नाही. क्रुपया उपाय सांगावा.
surendra subudhi
3 years ago
How to tackle the issue related to non-payment of society maintenance fee by some members ?
darshit shah
3 years ago
Kindly suggest me a solution. I am a resident of a co operative society. I had an open car parking. If some one damage my car repeatedly then what should I do? I had wrote a complain to society and also had an NC to police station. But nothing is been done. What should I do next now to stop this haressment and how can I claim the damage of car?
Pankaj Wanjari
3 years ago
Hi plz suggest
nelson umani
3 years ago
I m the owner of flat and society have oc I need a copy of it does society have a rights to give me certificate
Sanjay
3 years ago
Can the MC of chs demand car registration papers for allowing parking in the society premises inspite of alloted parking space by builder
mehta.piyush44
4 years ago
I have purchased a office from builder in december 2017 and when i went to the propsed c0-op society to admit me as member they are denying and saying u need to pay 25000/- as transfer fee and 26000/- as building repair fund then only u can be admitted as member of proposed society .
i told them that i have purchased property frm builder and this is not applicabe but they are saying that u have to pay only
please help as what to be done

I am in a big fix
please help
awaiting ur reply
contact me on 9769868905
Pankaj Wanjari
4 years ago
Society created storeroom near our flat plz suggest guidance
Manisha Mishra
4 years ago
Plz reply
Manisha Mishra
4 years ago
I ve purchased a flat in underconstructed building ..by looking at the sample flat ..but now when we saw the original flat which is on 5th floor ..is entirely different balcony ..that means half of the balcony is covered with a wall ..which is obstructing ventilation and garden view.. Honestly it is pathetic ...but they didn't mention this to us anytime...plz tell me what to do
This problem is there on our floor any other 2 floors rest floors are fine.
Lakshmi G
4 years ago
Hello,
I live in a top floor, corner flat that is frequently affected by monsoons. There are several issues such as water seepage, wet walls/plaster peeling, cracks. I have complained to the society many times in writing (including email with photos). But have received no response from them. When I spoke to a committee member, he told me that internal damage is responsibility of flat owner. Please let me know if society is responsible for repairing this damage. If yes, what immediate action can I take. Thank you.
Jyoti Shikha
4 years ago
my apartment is 24 years old apartment. pls keep this in mind.
Jyoti Shikha
4 years ago
i have terrace flat and my society say flat below my terrace is facing leackage problm in rainy and thet ask me alone to bear all expense, i want to knw is it correct, when i ask society they say its my persoanl open terrace and i have to bear expense society or below flat owner will not contribute, i have checked my maintainace as well i m charged 600 more quaterly for that open terrace, guide me what n how to giv e them back? can i get independent maintenance for my flat fro bmc department ? and according to rule who will bear expense? it will come 40000 roughly as per society contractor said?
pramod2284
Replied to Jyoti Shikha comment 1 year ago
Have your problem got addressed,please help me I have a similar sort of situation
chunni sharma
4 years ago
did not get reply for my problem posted 4weeks ago
MDT
Replied to chunni sharma comment 4 years ago
We do not reply on queries posted here. We have a separate helpline, Legal Resources Centre for this. Request you to file your query through our website for the records. Here is the link http://www.moneylife.in/lrc/#ask-question
Clifford Mendes
4 years ago
Hi...

Society Secretary is not allowing me to use the electricity power to wash my car in the society premises he says power cannot be used by any society members is it true need your help and support..
MDT
Replied to Clifford Mendes comment 4 years ago
We do not reply on queries posted here. We have a separate helpline, Legal Resources Centre for this. Request you to file your query through our website for the records. Here is the link http://www.moneylife.in/lrc/#ask-question
chunni sharma
4 years ago
i m a member of a housing society in guwahati assam i started paying monthly maintenence charges through net banking from nov 16 onwards but now the society is forcing me to pay cash
MPS RAMANI
Replied to chunni sharma comment 4 years ago
Each time you make online payment, you send a written note to the Secretary, giving bill No. and date, amount paid and date of payment. The Secretary can correlate and give you credit. I do exactly this. But this is Mumbai and not Gauhati. Probably both your Secretary and Gauhati are backward. After some years they will get advanced and accept online payments. Do they use ball-pens in Gauhati?
Anthony Colaco
4 years ago
I did not get any help from you.
MDT
Replied to Anthony Colaco comment 4 years ago
We do not reply on queries posted here. We have a separate helpline, Legal Resources Centre for this. Request you to file your query through our website for the records. Here is the link http://www.moneylife.in/lrc/#ask-question
chunni sharma
4 years ago
i m a member of a housing society in guwahati assam i started paying monthly maintenence charges through net banking from nov 16 onwards but now the society is forcing me to pay cash
MDT
Replied to chunni sharma comment 4 years ago
We do not reply on queries posted here. We have a separate helpline, Legal Resources Centre for this. Request you to file your query through our website for the records. Here is the link http://www.moneylife.in/lrc/#ask-question
Prithvijit Maitra
4 years ago
Society is not conducting AGM for the past few years. No committee in place, only collecting monthly charges. What can a flat owner do in this case? Whom to complain
MPS RAMANI
Replied to Prithvijit Maitra comment 4 years ago
In which State are you?
Clifford Mendes
Replied to MPS RAMANI comment 4 years ago
Maharashtran mumbai
MPS RAMANI
Replied to Prithvijit Maitra comment 4 years ago
The Secretary is right in not allowing you to use common electricity to wash your car. Common electricity is for common purposes such as lighting in the common areas, water pumps to pump water up to the overhead tanks for everyone's use etc.
Clifford Mendes
Replied to MPS RAMANI comment 4 years ago
I use my own pressure washer, since i stay on 7 floor how wil i get the electricty power to use...if u say Secretary is right then i need to find some other way.
MPS RAMANI
Replied to Clifford Mendes comment 4 years ago
You just cannot draw power from common outlet for your personal purpose such as washing your car. There are thousands of car owners who stay on the upper floors or stay away from their parking lot. Find out how they are managing.
MDT
Replied to Prithvijit Maitra comment 4 years ago
We do not reply on queries posted here. We have a separate helpline, Legal Resources Centre for this. Request you to file your query through our website for the records. Here is the link http://www.moneylife.in/lrc/#ask-question
PRAKASH JAISWAL
4 years ago
Society is not giving ( floating) bill for maintenance from last two year due to lac of Accountant,
do i have to pay late fees or any interest on my total out standing ?
MPS RAMANI
Replied to PRAKASH JAISWAL comment 4 years ago
What do you mean by floating bill?
MDT
Replied to PRAKASH JAISWAL comment 4 years ago
We do not reply on queries posted here. We have a separate helpline, Legal Resources Centre for this. Request you to file your query through our website for the records. Here is the link http://www.moneylife.in/lrc/#ask-question
Sucheta Dalal
4 years ago
Please seek guidance by coming on Tuesday to Moneylife Foundation, Dadar West and asking Mr Shanbagh personally. Or, write through the legal helpline. Go to foundation.moneylife.in for details. Queries will be answered only if sent through appropriate forum
Naaz Syed
4 years ago
Dear Sir,

 Its 24 members society & When Society does have enough parking for 24 members Does co-owner has rights to park car who is not staying in our society ? Actually flat is in the name of fathe & daughter. As daughter got married & staying just behind our society since from long & they have purchased new car a few months back which she is parking in our society, Please advise?
Secondly Society not allowing visitors to park their vehicles in the building premises? how far it is valid in todays date?
In an urgency (when cheque leaf are over) can we make payment of maintenance to society in cash?
Can society penalised to flat owner staying on 1st floor, If just 1 tea spoon of dal-rice fall on car roof which is done by Minor unknowingly?
MPS RAMANI
Replied to Naaz Syed comment 4 years ago
There is no law against payment by cash of small amounts below Rs.20000/-. But there are many societies with no dedicated office and dedicated staff to collect cash and immediately issue receipt. If receipt is not issued on the spot for payment in cash, disputes can arise. In our Society we pay neither by cash nor by cheque. All members are required to pay directly into the Society's bank account. This arrangement was put in place by me as then Secretary in 1991. Things are working smoothly ever since.
MPS RAMANI
Replied to Naaz Syed comment 4 years ago
if your daughter is Associate Member and her name is in the share register, she has every right to park her car, provided another car is already being parked under the right of the same flat. If say a car is already being parked in your name, she can park her second car provided space is available. But even afterwards a new member with one new car wants parking space but no space is available, she will have to surrender the space in his/her favour. "Visitors not allowed" boards are not permitted under DCR in Mumbai. But this is mostly flouted in many societies.
Sucheta Dalal
Replied to Naaz Syed comment 4 years ago
Please seek guidance by coming on Tuesday to Moneylife Foundation, Dadar West and asking Mr Shanbagh personally. Or, write through the legal helpline. Go to foundation.moneylife.in for details. Queries will be answered only if sent through appropriate forum
Priti Gaidhankar Kadam
4 years ago
Dear sir, I m a doctor & recently we have purchased a commercial property on first floor of a building with separate entrance & obtained noc for hospital purpose,now when we r putting generator in front of our shop , society is putting objection & not allowing us to install generator, what's to do next, please help
MPS RAMANI
Replied to Priti Gaidhankar Kadam comment 4 years ago
You ask for a meeting with the Secretary and other members of the committee to discuss the issue. Discuss and find out the views of the other side to thrash out a solution. Noise may be one of the problems. If the Committee Members appear to you as unreasonable you have no alternative but to try at the co-operative court
Anand Gangal
4 years ago
Dear Sir,
Ours is a small cooperative housing society. Our chairman, secretary and treasurer are not at all doing any work in the society. They are only paying the muncipal and other govt body bills. But no work is been carried out. They are not taking any written complaint. what to do
MPS RAMANI
Replied to Anand Gangal comment 4 years ago
The Managing Committee members are volunteers, who do honorary work for the Society. They may be having their own vocations to earn their livelihood as you may also have. They do Society work during their spare time. If you have a specific complaint state it here. I shall try to suggest a solution.
Narendra Sawant
4 years ago
Our Cooperative Housing Society is a wealthy society on its own premises there is another organisation called as Mandir Trust, This Mandir Trust needs to repair its Mandir for the very purpose our society through a resolution forwarding Rs.45 Lakhs to the concerned trust for Repairs. Is it legal to give away such large sum of money to other organisation in the name of help or donations
VARUN TALWAR
4 years ago
THE SOCIETY OFFICE HAS RAISED THE MAINTENANCE BILL AND HAVE MENTIONED DIFFERENT HEADERS LIKE "ADHOC CHARGES" AND "RENOVATION CHARGES".
PLEASE NOTE THAT THE ADHOC CHARGES ARE FOR STORING DEBRIS WHICH WAS DISPOSED BY US ONLY AND KEPT IN OUR PARKING AREA(THIS WAS 2 YEARS BACK)
AND ALSO THE RENOVATION CHARGES IS CHARGED NOW FOR WORK DONE 2 YEARS BACK AND THAT ALSO ON PER MONTH BASIS FOR 6 MONTHS WHEREAS THE WORK WAS COMPETED IN 1 MONTH.
PLEASE ADVICE AS TO WHAT ACTION CAN BE TAKEN FOR THE HIGH-HANDEDNESS OF THE MANAGING COMMITTEE
Wilfred Dsouza
4 years ago
we had purchased a flat in kalina area 425 carpet area on 1st December 2002 agreement for sale had been executed by both the parties stamp duty had been paid
society had transferred the flat on to my name (purchaser)
My problem is the document had not been registered at that time
The seller expired in 2014 is there any way i could get this document registered is there any problem in the near future
Thanks
wilfred.
MPS RAMANI
Replied to Wilfred Dsouza comment 4 years ago
Privately find out who are the legal heirs of the seller. If you are already in possession and occupation of the flat, the Society has accepted you as member and you are regularly paying the dues, there is not much of any immediate problem. Did you pay by cheque? If you paid by banker's cheque, go to the bank and get a certificate that the payment has been made to the payee by you with both the names. The signature of the seller would have been attested by the witnesses. Go along with the witnesses to the office of the registrar and ask for advice. Do not give unnecessary publicity to the issue. You may be honest and genuine. But there could be greedy people around out to give trouble.
Sachin Jain
4 years ago
dear sir,
planning to buy a plot in co-op society layout for residential use.
the society is formed in 1974. in the first sell the society has mentioned in sell deed that buyer has to take NOC at the time of selling the plot and he cannot sell the plot before completion of two years .
after that during these years four owners have sold the plot to different buyers ,
now i am planning to purchase that plot. my question is
1. is it mandatory to take NOC from Society for purchasing plot ?
2. the seller has purchased this plot in Aug 2016 ..so can he sell before completing one/two years of holding ?
3. if we do sale deed now will our saledeed be valid ?
requesting for fast reply please ...
thanks
Query Seek
4 years ago
Society is asking tenants to vacate the building in 3 years, they has created a rule that a tenant can not stay for more than 3 years in building and mandatorily vacate the building, even if the owner and tenants have no problem. Also the tenant can not move in any other flat in the same building.
Suess Dhasmana
4 years ago
Hi Sir
I purchased the flat on resale in august 2013 , at that time the society was not formed and I was issued noc by builder , the noc only says we have no objection to sale subject to dues paid by seller and does not mention any dues outstanding . Later when society was formed I was informed that dues are outstanding for a period when I was not the owner . I informed the society of the same and gave them whereabouts of the previous seller but no action was taken from the society . Now society has put me under defaulters list and asking me to pay dues and interest . Does the society have any right to do so ? What recourse do I have with the society
Thank you!
raju more
5 years ago
when maintenance charges start - before register or after register what is bylaw
raju more
5 years ago
if committee members arrogant answer, if ask common facility issue then can complaint whom ?
Dolphy Goveas
5 years ago
Dear Sir,
I have a stilt parking allotted by the builder and i have paid for the same. Since past 5 years i have moved overseas due to work and the flat has been rented out. Recently the society i the AGM has passed a resolution that tenants must pay Rs 1000/- per month for parking charges, this is applicable for open as well as stilt. I was not aware of the same as my earlier tenant was not having a car, hence no charges were levied to us. Now my new tenant is planning to occupy, the society manager informed that i must pay Rs 1000/- per month for parking charges. When i objected, it was informed that in the AGM it has been already passed. I am already paying high Non occupancy charges and now high parking charges. My query is that, whether the society can discriminate between tenants and owners, even the owner has the stilt parking. What legal steps i can take against the society. Thank you in advance for your kind assistance
makarand joshi
5 years ago
I am resident of one of the co-operative society in Thane, I purchase this flat in 2003 but not purchased a open parking because as per supreme court judgement, builder cannot sale open/stilt parking space as it comes under common amenities. The other members have paid a lumpsum amount of Rs.1.25 lacs for open parking and Rs.3 Lacs for stilt parking space. I took possession of this flat in the year 2006 and after that the society is formed. In the society AGM the resolution has been passed that the society will start charging parking charges to the members who does not have any parking or not paid to the builders so not got any parking allotment from builder and now wants to park the vehicle inside the society. These parking charges has been calculated based on the payment done by the other members to the builders but the other members who got parking allotment letter from builder will not pay any parking charges. As per the calculation the resolution has been passed to charge parking charges of Rs.1000/- per month, as we were in minority as we were only 19 members who has not got any parking allotment from builders so other members on majority got the resolution passed and then as per that we started paying monthly parking charges of Rs.1000/-
Now in resent AGM, the managing committee has proposed to increase parking charges from Rs.1000/- to Rs. 2000/- per month to the 1st parking lot members and from Rs.1000/- to Rs.1250/- to the members who has applied for the 2nd parking as they already got one parking space from builder.
We have protested on this descrimination and raised an objection and requested managing committee to give us the justification for this increase in parking charges. The chairman has given us the verbal justification that the parking price outside is Rs.5-7 lacs so we need to increase parking charges. We told him that you can not tell us what parking price is going on outside as you or anybody cannot sell open parking space as per law so you cannot increase the parking charges without any proper justification and that to increase to only 24 members. But even after this protest the resolution has been passed in majority as we were as usual in minority.
Now they already sent the bill for the current month but we are not going to pay the increased parking charges and maintain it by paying Rs.1000/- alongwith other maintainance charges and give them the protest letter stating that we are not going to pay the full amount of increased parking charges of Rs.2000/- but paying only Rs.1000/-
Now we want your advise on this whether on these grounds we can file a case against society on this descrimination of charges different parking charges to members under same head of Parking charges. We all the 24 members are even ready to pay the lumpsum amount of Rs.1.25 to the society, which other memebers paid to the builder
We will pay the same under the head of "CORPUS FUND"
We need to know whether we can pay the lumpsum amount to society as CORPUS FUND so that we get the matter resolved on mutually agreed terms instead of going on legal battle.
Appreciate your views and guidence on this matter.
Makarand Joshi
Sucheta Dalal
5 years ago
Many readers have been posting request for help here. This is to inform you that Mr Shirish Shanbagh spares his valuable time and expertise to answer queries at Moneylife Foundation's office at shivaji park, dadar, mumbai on Tuesday between 5pm to 7 pm. Alternatively, you can post your query at http://www.moneylife.in/lrc which is a FREE helpline. However, please note that you will have to make this minimal effort. Our NGO is able to help people free because some good organisation sponsors the helpline. You may also want to reciprocate, by helping others to discover Moneylife Foundation and its activities. Become a member -- it is free. Check out Events and information videos -- they are also FREE. Do explore foundation.moneylife.in best
Cma Srinivas Jahagirdar
5 years ago
We have elected members prior to issue of Election rules, which is still runs the society, how do we regularise the same.
2. Earlier committees have not taken over from the Developer and now they are blaming on existing committee on inefficiency.
Cma Srinivas Jahagirdar
5 years ago
We have elected members prior to issue of Election rules, which is still runs the society, how do we regularise the same.
2. Earlier committees have not taken over from the Developer and now they are blaming on existing committee on inefficiency.
Sucheta Dalal
Replied to Cma Srinivas Jahagirdar comment 5 years ago
You will need to make the effort of posting your query on http://www.moneylife.in/lrc where our expert will give you guidance . This is a FREE service provided by Moneylife Foundation, a Not-for-profit entity. But you will need to post the query there.
best
Cma Srinivas Jahagirdar
5 years ago
We have elected members prior to issue of Election rules, which is still runs the society, how do we regularise the same.
2. Earlier committees have not taken over from the Developer and now they are blaming on existing committee on inefficiency.
Cma Srinivas Jahagirdar
5 years ago
We have elected members prior to issue of Election rules, which is still runs the society, how do we regularise the same.
2. Earlier committees have not taken over from the Developer and now they are blaming on existing committee on inefficiency.
Sunny Punjabi
5 years ago
committee members of CHSL building in goregaon west mumbai are not allowing the shop owners and shop licensees and staff working in shops to use common toilets and are harassing the shop keepers by locking the toilets.. out of 14 shops 7 shops dont have toilets in their shop.. and secretary is saying shop owners n licensees cannot enter in society compount also
sachin
5 years ago
Dear Sir,

I hope you are able to provide me a solution to the issue we currently face. My aged dad owns a flat in a redeveloped building (being an original member of the demolished building). the society is now in the process of issuing new certificates in lieu of the old ones. My dad is almost 90 years of age and is completely unfit to travel. He currently leaves in another city. He is unable to be physically present to collect the new certificates. The other issue is that the old certificates are in a bank locker and hence cannot be surrendered (since he cannot travel to operate the locker and remove these to be given in lieu of the new certificates). what can be done to address the twin issues " lack of physical presence to collect the certificates and also the associated inability to provide the old certificates?
Ashok Malwe
5 years ago
Dear Sir,
I am Chairman of Sanaklpnagar Society, Kalwa, Thane. In our society some members are not allowing Expert Directors to attend monthly meetings of managing body. I showed them a letter from govt. 97th ghatana durusti va adhyadesh-2/2013dated 11/3/2013. Still they dont agree. Pl guide me what action should I take.
with best regards
Malwe
9323812072,
[email protected]
Shirish Sadanand Shanbhag
Replied to Ashok Malwe comment 5 years ago
Members, do you mean, Committee Members? Then as a Chairman, you can warn then for bringing setback in smooth working of the Society. If still continues, then make a complaint against them to the Deputy registrar.
If those who bring setback are not committee members, then after warning them make a Police Complaint against them for not allowing Committee members in their smooth administration.
shashibala kumar
5 years ago
What are the mandatory documents required from a prospective member in a redeveloped building for inducting in the society
Shirish Sadanand Shanbhag
Replied to shashibala kumar comment 5 years ago
Govt of Maharashtra's Co-op. Dept's circular dated 03.01.2009 has to be followed strictly for redevelopment of your Society's building.
If you have any difficulties, then come to Moneylife Foundation's office on Tuesday, between 5pm and 7pm, for free guidance.
You may Email your problem to Moneylife's Legal Resource Centre, at lrc.moneylife.in You will get reply by Email.
AmitShah
5 years ago
Dear Sir,
I have below mentioned query regarding maintenance payments

Is it mandatory for a housing society to accept maintenance payment only by cash?
Are alternative payment mode like cash (by depositing in Society bank account) permissible?

Does bye laws mention anything on this?
Shirish Sadanand Shanbhag
Replied to AmitShah comment 5 years ago
If you pay your Society's Maintenance or dues by a crossed cheque, in the name of the Society, then your money goes directly in to Society's Bank A/c, which ensures that you have surely paid Society's dues.
Also, in your Bank Pass Book, you will get a debit entry, showing that amount has been credited in your Society's Bank A/c.
By chance, if Society has not given you the receipt for your crossed cheque payment or if you lose your Society's receipt, in such a case, you will get a Bank debit Entry in your Bank Pass Book, which has legal stand to prove that you have paid certain amount to the Society.
If you pay by cash, and if Society does not give you the receipt or if you lose your Society's receipt, then it is very difficult to prove that you have made payment to the Society.
By chance, if Society insists on making the cash payment, then to make the Society to accept your Society's dues by cheque, you can make a complaint to the Registrar of Co-operative Societies, under Bye-law No. 174(A)(ix).
AmitShah
Replied to Shirish Sadanand Shanbhag comment 5 years ago
Thank you Sir for your reply.

If I deposit the maintenance amount by cash to Society's bank account, then I will have the deposit slip as proof of payment.

My society secretary is insisting that maintenance should be paid only by cheque. I would like to know if byelaws permit cash payment.

Thank you.
Shirish Sadanand Shanbhag
Replied to AmitShah comment 5 years ago
Bye-law permits to pay Society's dues by cash. However, for safety in handling cash of large number of members, Society can insist on payment of its dues by crossed cheque.
If society insists on crossed cheque payment for its dues, then member cannot make a complaint against Society to Deputy Registrar, for insisting cheque payment.
Cheque payment is properly accounted payment, therefore, your way of paying by cash in Society's account is unacceptable. Surely Society can make complaint against you to Deputy Registrar, and get order in directing you to make payment by crossed cheque.,
AmitShah
Replied to AmitShah comment 5 years ago
Small correction

Please read as:
Is it mandatory for a housing society to accept maintenance payment only by cheque?

Thank you.
shashibala kumar
6 years ago
Dear Sir,




Can a new member be inducted in the society if the OC is pending and old members have been shifted in their respective flats in the building, though possession is illegal and the new purchasers have applied for membership?




If affirmative in the above circumstances, what documents would be required to allow them to enter in the society?

If negative, how it can be prevented to disallow them?

Thanks and Regards'




Mrs. Shashibala Kumar
Shirish Sadanand Shanbhag
Replied to shashibala kumar comment 5 years ago
Inducting the new members in the Society, and occupying the flats in the new building without OC, are two different issues.
When Building is under construction, as per the approved plan of Redeveloping Building of the Society, buyers of the Salable flats, can be inducted as new members of the Society. This process can be done, when salable flats are not yet constructed.
However, whether they are old members or new members, they have to occupy their flats in the newly constructed building only when Building gets Occupation Certificate from the Municipality.
If builder insists on occupying the building without occupation certificate, then the Society or individual occupant/s (of original or salable flats) can take up the matter with Consumer Court or Civil Court, against the Builder.
For more guidance come to Moneylife Foundation's Office on any Tuesday, 4pm to 7pm for free Guidance or Email your query to lrc.moneylife.in to get your specifice reply.
Shirish Sadanand Shanbhag
Replied to shashibala kumar comment 6 years ago
Kindly refer your query to lrc.moneylife.in to get you the correct reply, free of charge.
Abutalib Qureshi
6 years ago
Respected Sir, Need one advice as currently there is water crisis in our area and
Management Committee is demanding 300/- rupees from all residence to order water tanker. Kindly let me know as per by laws it is correct and MC can demand extra amount apart from normal maintenance charges. As is legal .... Kindly advice and provide your valuable input on this
Shirish Sadanand Shanbhag
Replied to Abutalib Qureshi comment 6 years ago
Kindly refer your query to lrc.moneylife.in to get you the correct reply, free of charge.
Shirish Sadanand Shanbhag
Replied to Abutalib Qureshi comment 6 years ago
Kindly refer your query to lrc.moneylife.in to get you the correct reply, free of charge.
Abutalib Qureshi
6 years ago
Respected Sir, Need one advice as currently there is water crisis in our area and
Management Committee is demanding 300/- rupees from all residence to order water tanker. Kindly let me know as per by laws it is correct and MC can demand extra amount apart from normal maintenance charges. As is legal .... Kindly advice and provide your valuable input on this
Shirish Sadanand Shanbhag
Replied to Abutalib Qureshi comment 6 years ago
Kindly refer your query to lrc.moneylife.in to get you the correct reply, free of charge.
Abutalib Qureshi
6 years ago
Respected Sir, Need one advice as currently there is water crisis in our area and
Management Committee is demanding 300/- rupees from all residence to order water tanker. Kindly let me know as per by laws it is correct and MC can demand extra amount apart from normal maintenance charges. As is legal .... Kindly advice and provide your valuable input on this
Tushar
6 years ago
Can Treasurer sign under MC Member in a Housing Society Share Certificate?
Shirish Sadanand Shanbhag
Replied to Tushar comment 6 years ago
Kindly refer your problem to
lrc.moneylife.in
or
moneylife.in/lrc.html
to get you the correct spolution free of charge.
Kindly ignore my earlier reply.
Shirish Sadanand Shanbhag
Replied to Tushar comment 6 years ago
Kindly refer your problem to lrc.moneylife.com
to get you correct answer.
Shamsunder Gurjar
6 years ago
Can a society send display a notice on notice board for clear 14 days without simultaneously distributing the circulars flat to flat as being done every time.

After a five days society submits the annual accounts with notice of AGM to all the members at home. Is this proper notice ?
Shirish Sadanand Shanbhag
Replied to Shamsunder Gurjar comment 6 years ago
Kindly refer your problem to
lrc.moneylife.in
or
moneylife.in/lrc.html
to get you the correct solution free of charge.
Rakesh Ranka
6 years ago
sir, last year I bought a top floor flat in a co-op. scty in vile parle in my wife's name with the stilt parking in resale, when we shifted I noticed there i flower bed in front of my car parking & on turn to enter to my parking they allotted two car parking on top of water tank illegally to other members (one is allotted to the treasurer of the scty) by taking handsome amount, because of these parking i am facing very much difficulties & cannot take my car from there & it will take me for almost 5-10 minute daily to pass through. when I raise my objection that I am facing problem on turning & as well to take out my car from my parking. but they became deaf & never reply. My repeated attempt to contact them or talk to them could not succeed. they are saying you take prior appointment but before come to the MC but they are not facing us also nowhere written in society for office timing. instead of solving this issue they started to harass us. they put lot of hindrance in front of my car & when I remove them then they falsely alleged me for damage the society property & impose a fine of Rs.5000/- on me. when I strongly object for this & ask them for how can u impose this kind of fine but they are adamant. when i ask them all the details of the property but they ignored & said it is unanimously decision taken by the MC. Now another issue for permission given by the society for split units installed above our bathroom duct by the co members, due to this we are having problem, we are facing scorching heat & as well we live in fear as it is a vulnerable issue recently in mumbai lot of fire take place due to short circuit in the split units, they are playing with the safety of our life, we are in very much stress due to this, when we ask them to remove or divert the same but they ignored. I don't know what to do ? should I file criminal complaint against them for this ? MC members are very arrogant not listening & do the things at their own. we are also facing serious problem for cleanliness as our premises is very dirty, the gutters are over flown all the time but they kept mum on all this issue. I wanted to know is this permissible in law to park the cars on top of water tanks ? water tank on ground level & all the rainy water is mix with that.it is allowed to keep water tank on ground level ? pls suggest what I do ? we are new in this scty & we don't have much communication to other members.
Rakesh Ranka
6 years ago
sir, last year I bought a top floor flat in a co-op. scty in vile parle in my wife's name with the stilt parking in resale, when we shifted I noticed there i flower bed in front of my car parking & on turn to enter to my parking they allotted two car parking on top of water tank illegally to other members (one is allotted to the treasurer of the scty) by taking handsome amount, because of these parking i am facing very much difficulties & cannot take my car from there & it will take me for almost 5-10 minute daily to pass through. when I raise my objection that I am facing problem on turning & as well to take out my car from my parking. but they became deaf & never reply. My repeated attempt to contact them or talk to them could not succeed. they are saying you take prior appointment but before come to the MC but they are not facing us also nowhere written in society for office timing. instead of solving this issue they started to harass us. they put lot of hindrance in front of my car & when I remove them then they falsely alleged me for damage the society property & impose a fine of Rs.5000/- on me. when I strongly object for this & ask them for how can u impose this kind of fine but they are adamant. when i ask them all the details of the property but they ignored & said it is unanimously decision taken by the MC. Now another issue for permission given by the society for split units installed above our bathroom duct by the co members, due to this we are having problem, we are facing scorching heat & as well we live in fear as it is a vulnerable issue recently in mumbai lot of fire take place due to short circuit in the split units, they are playing with the safety of our life, we are in very much stress due to this, when we ask them to remove or divert the same but they ignored. I don't know what to do ? should I file criminal complaint against them for this ? MC members are very arrogant not listening & do the things at their own. we are also facing serious problem for cleanliness as our premises is very dirty, the gutters are over flown all the time but they kept mum on all this issue. I wanted to know is this permissible in law to park the cars on top of water tanks ? water tank on ground level & all the rainy water is mix with that.it is allowed to keep water tank on ground level ? pls suggest what I do ? we are new in this scty & we don't have much communication to other members.
Shirish Sadanand Shanbhag
Replied to Rakesh Ranka comment 6 years ago
Kindly refer your problem to Legal Resource Centre (LRC) of Moneylife Foundation, to get you the correct solution.
Contact on : moneylife.in/lrc.html
SIMON INCHODY
6 years ago
I OWN A SHOP IN A SOCIETY. THE PREMESIS OF THE SOCIETY IS ENCLOSED WITH A WALL. THE SHOP THOUGH PART OF THE SOCIETY IS OUTSIDE THE ENCLOSED WALL AND OPEN TO THE ROAD. I RECENTLY INSTALLED A LOLLIPOP FOR MY SHOP WHICH IS A DENTAL CLINIC.
ONE DAY THE SOCIETY MEMBERS CUT THE LOLLIPOP WHICH WAS PUT UP TO INDICATE THE CLINIC. THE LOLIPOP IS MISSING. CAN NOT A SHOP OWNER DO SOME SENSIBLE ADS FOR A LIVING. WHAT SHOULD ONE DO?
Shirish Sadanand Shanbhag
Replied to SIMON INCHODY comment 6 years ago
Kindly refer your problem to Legal Resource Centre (LRC) of Moneylife Foundation to get you the correct solution.
Contact on: moneylife.in/lrc.html
shashibala kumar
6 years ago
Our building had gone for redevelopment. The builder has installed jack up racks in the stilt area for parking four wheelers without consent of the Society.Can the Society themselves remove the said racks as we do not want such arrangements? So far OC has not been procured by the builder. Pl. advice our stand.
Thanks & Regards

Shashibala Kumar
Shirish Sadanand Shanbhag
Replied to shashibala kumar comment 6 years ago
Kindly refer your Co-op. Hsg. Sty related problem to Legal Resource Centre (LRC) of Moneylife Foundation to get you the correct solution.
Contact on: moneylife.in/lrc.html
Neelam
6 years ago
I am staying in pvt builder society which is register under co-op soc.

The committee members like chairaman, secretary & 2 others out of 6 person committee, are dominating the members are 2 femal committee members. They are misusing there powers. Like they knows which flat is vacant and having stilt park, they captures. They don't pay any parking charges and others are paying who parks in open area. Both secretary & Chairman has has illegally extended there windows by breaking wall.3) we have first car parking charges are 200 & second car parking charges 600. they pays only 200 even they are having 2 cars because they have capture stilt park.

Pls let me know what we can do?
Shirish Sadanand Shanbhag
Replied to Neelam comment 6 years ago
Kindly refer your problem to Legal Resource Centre (LRC) of Moneylife Foundation to get you the solution to your Problem.
Jagannath Kulkarni.
6 years ago
Can a Co-Operative Housing Society Compel its Member(s) to Pay Charges Under the Head of 'Cultural Fund' through Monthly Maintenance Bills?
Jagannath Kulkarni.
6 years ago
Can a Co-Operative Housing Society Compel its Member(s) to Pay Charges Under the Head of Cultural Fund, through the Monthly Maintenance Bills?
gregory
7 years ago
Respected Sir,
Im a shop owner and the cooperative Housing Society has not given us basic facility like toilets, Watersupply and other aminities.They now Started to block the front view of all the shops by building a boundary wall to obstruct customers.
Kindly suggest me the proper way to take proper action against them
Waiting for ur anticipation
Thanking you
Gregory S Dcosta
Email [email protected]
Shirish Sadanand Shanbhag
Replied to gregory comment 6 years ago
Kindly refer your problem to Legal Resource Centre (LRC) of Moneylife Foundation to get you solution to your problem.
Jinisha Jain
7 years ago
Dear Sir,

There is some construction work going on in our society for over a year and half. The society has started some of the construction work in my apartment but now is n0t completing the same since 6 months. Moreover, they are not paying any heed to any of my letters.

We have also been paying maintenance fees regularly, but we are not being provided by all the benefits. We have to pay money for Intercom, but it is non-functional in our apartment from a year. The society is rejecting our requests to get it fixed.

the same is being faced by many members of the society but no one is raising a voice against the committee in fear of adverse situations.

What sort of an action can I take to ensure that the society completes all its responsibilities?

Thanking you in anticipation.

Regards,
Jinisha Jain
Shirish Sadanand Shanbhag
Replied to Jinisha Jain comment 6 years ago
Kindly refer your problem to Legal Resource Centre (LRC) of Moneylife Foundation to get you the solution to your problem.
Jinisha Jain
7 years ago
Dear Sir,

There is some construction work going on in our society for over a year and half. The society has started some of the construction work in my apartment but now is n0t completing the same since 6 months. Moreover, they are not paying any heed to any of my letters.

We have also been paying maintenance fees regularly, but we are not being provided by all the benefits. We have to pay money for Intercom, but it is non-functional in our apartment from a year. The society is rejecting our requests to get it fixed.

the same is being faced by many members of the society but no one is raising a voice against the committee in fear of adverse situations.

What sort of an action can I take to ensure that the society completes all its responsibilities?

Thanking you in anticipation.

Regards,
Jinisha Jain
SAROJ DEVI
7 years ago
I am owner of a single flat in housing society which has around 200 flats in the complex in Thane, There has been lot of TV/Film shooting happening in individual flats (Mostly Chairman's Flat) & society premises with the permission of our housing society, Due to this we have to go through lot of inconvenience because mostly the society premises is crowded by shooting crew members, Vanity vans etc, I spoke to few other flat owners of the society but no one is ready to open there mouth, I have also given a written complain letter to the society office a week back about my problems & to stop the shooting immediately But the chairman said he will get majority from the society & will make sure the shooting keeps happening, I also went to local police station with a complain letter but they did not took the letter saying its matter between me & the society they cant help me in any ways,Please help me with an appropriate solution as soon as possible & consider I am alone fighting for this interest.
MG
7 years ago
R/Sir,
How to get certified copy of share certificate from registrar office and what document I have to produce for that?
Please kindly guide me
Tanking you
MG Dumasia
samir s walavalkar
7 years ago
Respected Sir
I have a flat at Govandi i.e. 1RK. I purchase from the builder( I have a proofs). I have a agreement but not registered from last 6 years now a days i paid stamp duty with penalty. but now single agreement can't registered so i adjudicate the documents
But Secretary can't accept me as a member
Society stopped my services too so from last 1 year i can't paid the maintenance because they gave me the receipt with the trust name.
Please suggest me the exact solution on this.
Shirish Sadanand Shanbhag
Replied to samir s walavalkar comment 7 years ago
To get you the legal solution to your problem of Co-op. Hsg. Sty. in Govandi, Mumbai, kindly refer your query to Legal Resource Centre of Moneylife Foundation on:
moneylife.in/lrc.html
Mithilesh Kumar
7 years ago
Respected Sirs

I want to just brief you that we are resident of Shri Chala Co Ho Society,Vapi Dist Valsad, Gujarat. We are struggling with the builder of that society named Mangilal Ganga Ram Jain, who is also well Kerosine Mafia of South Gujarat particularlity of Valsad District. As he had been ruling the society with his own laws from 2008 till 2013, we some members opposed such
a move by him. Later, on 30thSept 2013 efforts made by us and with timely intervention by a brave Lady Officer, Mrs Reena Patel (District Registrar),
we with the majority of members were able to select our own committee members in the society. Approval for the said AGM and formation of new committee was recognised by the Society Registrar Valsad Dist. Later, on 25/10/13 Mr Magnilal and few people supporting him formed a group and represented for their claim on the society, of which some of signatures are fake and irrelevant. Later society registrar rejected their claim. Now having both money and muscle power, he, Mr Magnilal Jain is trying to
play all the dirty tricks including implication of false cases against the
society members who are actively involved in fighting against his kingdom. Till Sept 13, he ruled the society as per his bill and never allowed any person to sell the house or if it was sold, he never granted the NOC. So the house was not transferred to present owners. In day to day activity also, he served his own rules. Between 2008-12 there was not a single AGM
in the society. With the money power he is filing police case against society members as for example many of our society members were asked to be present in
police station as section 151 was imposed on them. Generally we are working class people and do not prefer to indulge in such an activity. But as we
were facing the terror we had put our request to police so that we can be protected from any abnormal incidence. Instead we are being questioned by few local police. Sir we ladies also got chance to put our issue to IGP Surat range Mr.Hasmukh Patel on 27.11.13 at Vapi who has listened our grievances and asked local police to take appropriate action.

.We had logged the complain in online solution on date 12/2/2013 [email protected]>; "CS Gujrat"
.
Now we got the order in favor of us from District registrar of Valsad, Board of Nominees and Tribunal, now case is in high coat. We are working class and we are struggling last one year due to money and muscle power. We have majority in society and we got the interim order from high coat for fresh election but they do not want to fresh election they extended the fresh election with help of other way. So we want to interference above the authority to resolve the issue. Other party wants to case is lingering.
As our Honorable C.M Shrimati Aanandiben Pateln is busy with his hectic schedule and we would like to get a helping hand from your side also so that we grieving people can get some relief.
With lot of expectations from the all members of Shri Chala Co Ho Society, hope for early solution to it.
With great regards and best wishes.
Mithilesh Kumar
25 b shree chala co Hsg.chala
vapi.
Shirish Sadanand Shanbhag
Replied to Mithilesh Kumar comment 7 years ago
To get you a legal solution to your grave problem to run your Co-op. Hsg. Sty, in Gujarat State, kindly refer your problem to Legal Resource Centre of Moneylife Foundation on:
moneylife.in/lrc.html
rajendra
7 years ago
In our qly meets and AGM, it is decided not to keep shoes, shoe-racks, buckets etc in common premises (particularly in staircase). We have issued separate letters to some of members who do noy abide by laws. Still if anyone is neglecting such notice and continues to keep shoes etc in staircase, what should a committee do to arrest such issues? Others are now arguing and threaten to do the same in future.
Shirish Sadanand Shanbhag
Replied to rajendra comment 7 years ago
To get you a legally valid solution to your problem, kindly refer your problem to Legal Resource Centre of Moneylife Foundation on:
moneylife.in/lrc.html
shashibala kumar
7 years ago
Is qurbani of goat is permissible in the society premises, even if it has been resolved in AGM that slaughtering is not allowed in the premises. What is law on this aspect?
Shirish Sadanand Shanbhag
Replied to shashibala kumar comment 7 years ago
Slaughering of animals except at BMC's abbottair at Govandi, is not permissible any where in Mumbai.
You may make complaint to Local Police station or on Tel 100 and also to to BMC's Telephonic complaint number, 1916, if some one is doing quarbani of Goat or any animal in Society's Premises.
rajesh detke
7 years ago
whether balcony can be enclosed in by doing construction, or by enclosing the sliding door, is it a legal by law. can any body from society member can change the kitchen position, and shift that into balcony, is this is a legal
Shirish Sadanand Shanbhag
Replied to rajesh detke comment 7 years ago
To get you legally correct solution to your problem, kindly refer your problem to Legal Resource Center of Moneylife Foundation, on:
moneylife.in/lrc.html
chacko paul
7 years ago
chacko
i need a solution

i bought a flat from a builder by pay the registration with registered document of the agreement. the building was built on a lease land to a cooperative housing society holding on to many plots in the society. The land lord too was staying in our building which he had occupied three flats. there are 15 flats of which three flats belong to the land lord. 12 members came to gether and formed a society. No conveyance was given by the builder. after many years the original owner of the plot died. he died after the formation of the society of our building. the surviving members of the plot owner changed the name in property card and in the share certificate by incorporating all the other legal heirs by obtaining noc from the main society who is holding many plots. without informing our members. now the building is in a devastating stage and the plot owners is saying if the building falls we 12 members wont have any right to the property and they will only be the sole owner of the land. now we need legal advise and what can we do to stop such things. we 12 members have done the structural audit and given to the builder who was interested in redeveloping the said plot. now this situation has arisen and we are no where and doesnot know what to do. can any one give a suggestion. to us. against such a situation. it would be a great help. can email me to [email protected]
chacko paul
7 years ago
i need a solution

i bought a flat from a builder by pay the registration with registered document of the agreement. the building was built on a lease land to a cooperative housing society holding on to many plots in the society. The land lord too was staying in our building which he had occupied three flats. there are 15 flats of which three flats belong to the land lord. 12 members came to gether and formed a society. No conveyance was given by the builder. after many years the original owner of the plot died. he died after the formation of the society of our building. the surviving members of the plot owner changed the name in property card and in the share certificate by incorporating all the other legal heirs by obtaining noc from the main society who is holding many plots. without informing our members. now the building is in a devastating stage and the plot owners is saying if the building falls we 12 members wont have any right to the property and they will only be the sole owner of the land. now we need legal advise and what can we do to stop such things. we 12 members have done the structural audit and given to the builder who was interested in redeveloping the said plot. now this situation has arisen and we are no where and doesnot know what to do. can any one give a suggestion. to us. against such a situation. it would be a great help. can email me to [email protected]
Shirish Sadanand Shanbhag
Replied to chacko paul comment 7 years ago
For your problem, to get you the correct legal solution,kindly contact Legal Resource Centre of Moneylife Foundation on:
moneylife.in/lrc.html
sharad
7 years ago
Member who has outstanding pending for many years, whether managing committee should provide him documents as demanded by him. The member was chairman of the society and have not handed over original property documents of the society as yet and currently writing complaints and numerous letters to various authorities against members I.e. working in detrimental manner for functioning of the society. Given all the above should he be parted with the documents knowingly that he shall misuse them.
Shirish Sadanand Shanbhag
Replied to sharad comment 7 years ago
For legal guidance to your query in not returning society's documents by its former Chairman, and some other problems of your Co-op. Hsg. sty, kindly contact Legal Resource Centre of Moneylife Foundation on:
moneylife.in/lrc.html
shashibala kumar
7 years ago
Is society empowered to work even if the OC has not been given by the builder in redevelopment project and members have taken forceful possession of their property as builder stopped paying rent.
Shirish Sadanand Shanbhag
Replied to shashibala kumar comment 7 years ago
For legal guidance to your query in formation of Co-op. Hsg. Society, in occupying of flats without OC, when Builder has stopped rent, kindly contact Legal Resource Centre of Moneylife Foundation on:
moneylife.in/lrc.html
francis
7 years ago
CAN aGM be held without giving 14 days notice and without audit of accounts
Shirish Sadanand Shanbhag
Replied to francis comment 7 years ago
For legal guidance to your query about AGM notice period & audit, kindly contact Legal Resource Centre of moneylife Foundation on :
moneylife.in/lrc.html
Sudarshan Bhat
7 years ago
Sir,
We have purchased a flat from a builder which was built on two plots of a co-operative housing society (Association of polt owners in this respect).
Now, we have taken possession and we want to form society for our flats (16 nos). Builder is telling that this is not possible and we have to form Apartment deed.
Could you please huide us ?
Sudarshan
Shirish Sadanand Shanbhag
Replied to Sudarshan Bhat comment 7 years ago
For legal guidance to your query in the forming the Co-operative Housing Society, kindly contact Legal Reosurce Centre of Moneylife Foundation on:
moneylife.in/lrc.html
KALPESH K CHAUDHARI
7 years ago
Dear Sir we have need of some help for registration of co op housing society how can i reach you can you give me your contact details Please.....
From: Kalpesh Chaudhari
Shirish Sadanand Shanbhag
Replied to KALPESH K CHAUDHARI comment 7 years ago
For legal guidance of registration of your Co-op. Hsg. Sty., kindly contact Legal Resource Centre of Moneylife foundation,on
moneylife.in/lrc.html
Priya K
7 years ago
Sir,
I am staying in a CHS. Our flat is in the name of my husband and my father in law. We are the second owners of the flat. We took a loan from ICICI bank and the first owner of the flat had the loan form ICICI only. At that time, we completed all the paper work and the papers of the flat were mortgaged with the bank. Now, we want to sell our flat since it is 1bhk and we want ot buy 2 bhk and we have come to know that the share certificate of the flat are still in the name of the first owner and have not been transferred in our name. We have been paying EMIs for more than 5 years now and the bank is denying the transfer of share certificate in our name stating that we have to get a letter from the society. The society has also denied issuance of the letter and now we are left with no where to go. Please advise as to what can be done to rectify that since we have been staying in the society for more than 5 years. Please please please advise.
Shirish Sadanand Shanbhag
Replied to Priya K comment 7 years ago
Kindly refer your query to Legal Resource Centre (LRC) of Moneylife Foundation.
There, you will get correct legal solution to your problem, and you can sell your present 1BHK flat and buy your 2BHK flat, maximum within two months!
Priya K
Replied to Shirish Sadanand Shanbhag comment 7 years ago
How to refer to LRC. Please guide.
MDT
Replied to Priya K comment 7 years ago
Pls use the following link...
http://lrc.moneylife.in/access-lrc/

Thanks,
MDT
Shirish Sadanand Shanbhag
Replied to Priya K comment 7 years ago
To approach LRC, send your query by Email on:
moneylife.in/lrc.html
Priya K
Replied to Shirish Sadanand Shanbhag comment 7 years ago
Thanks, done.
Sanket Kurup
Replied to Shirish Sadanand Shanbhag comment 7 years ago
Sir,
Thanks for replying to my earlier query. I would also like to know what does a maintenance bill signify. Does it signify ownership of the flat. Does the name on the maintenance bill signify the owner of the flat. The reluctance of my society committee has made me curious about the way they work. Please help me.
Shirish Sadanand Shanbhag
Replied to Sanket Kurup comment 7 years ago
I have given you advise earlier that, to get you the legal expert's advise, you will refer any of your queries to LRC of Moneylife Foundation.
Kindly refer your present problem to know details of Maintenance Bill, also to LRC on:
moneylife.in/lrc.html
S K Dhumal
7 years ago
Am member of xxxxxx housing society in Nasik Road. Society formed in 1992. Conveyance deed not yet done.
Total 14 flats.
I stay outside the city , still contributed monthly maintenance till 2012 from the year 1992. However, working of the society deteriorated with the passing of the time. I, stopped as there is no committee and nobody is contributing monthly maintenance. No body is receiving the contribution

Even water and electricity not arranged by the society
Everybody has individual municipal water connections. Instead of supplementing the society water, these connections have destroyed the necessity of the members to be united .
Member of top floor suffer as the water is required to be lifted separately by each member. The members have placed the individual water tanks in the ground
How to streamline the working of the society?
S K Dhumal
[email protected]
Shirish Sadanand Shanbhag
Replied to S K Dhumal comment 7 years ago
Please contact Moneylife Foundation's Legal Resource Centre, with your details, to get you free advise for your grave problem.
jiten Dalal
7 years ago
Dear Sir,
at our society, all members have bought a parking on parking allotment letter and parking no at the parking area from the builder along with the flat.
after handing over to the society and formation of the committee, society committee has started encroaching parking space in between the two parking space and put society parking board and tries to give this parking on rent with hefty deposits to other members for their extra car parks.

Is this encroachment is valid ,while members have paid and got allotted from the builders.

society secretary is also behaving like he is the king of society and not behaving properly to the members.

apart there are lot of restriction kept even if you want to sell your own flats , and not allowing any brokers to show the flats to new clients without registering all broker names to society office whoever wanted to visit and to see the flats.

please suggest on the same , what action members can take on this and approach whoem to get action against the secretary.

our chairmen is a highly educated dump guy and not keeping any attention on the current issues, and when we ask for the help, he cant do any thing on same.

Kind Regards,

Jiten Dalal
[email protected]

Shirish Sadanand Shanbhag
Replied to jiten Dalal comment 7 years ago
Kindly refer your complaint to Legal Resource Center of Moneylife Foundation, to get you reply to your grave problem, free of charge,
Swaminathan
7 years ago
Have been trying to post the matter for redressal at the FORM in your link/site http://www.moneylife.in/lrc.html

It's not accepting the form although I have filled in ALL details and there is no ERROR MESSAGE either.

HELPPPPP!!!
Shirish Sadanand Shanbhag
Replied to Swaminathan comment 6 years ago
Please retry on same link:
moneylife.in/lrc.html
When you have tried, there must be some link problem
MDT
Replied to Swaminathan comment 7 years ago
Thanks for your comment. Your query is received at the LRC and sent to an expert for answer.
We will send you his reply as soon as we receive it.
Thanks again,
MDT
Swaminathan
Replied to MDT comment 7 years ago
Thank you for the response. I await the advice cum answer.

Appreciate the good work your offices are performing in guiding and making aware such laypersons like myself.

Regards,
Maxim Sanctis
7 years ago
I belong to Yamuna Nagar WCHSL in Andheri, As member we have many issues with the Mg. Committee, hence would like to meet your Legal Team, please provide your email id/ telephone nos., to proceed further. This is urgent. Thank you
Max Sanctis
9321117760
email id : [email protected]
Shirish Sadanand Shanbhag
Replied to Maxim Sanctis comment 7 years ago
To get on line help from Moneylife Foundation's Legal Resource Centre (lrc), to logon your legal query, check out http://lrc.moneylife.in and register at http://moneylife.in/lrc.html
dhiraj purohit
7 years ago
what action can society take against shop owners who have done unauthorised extensions...can charges be levied with approval in agm ?
Shirish Sadanand Shanbhag
Replied to dhiraj purohit comment 7 years ago
Make your complaint against shopkeeper for his illegal extension of the shop to Building Proposal Departement of your Municipal Corporation.
If you are not residing in Corporation area, then you will make complaint to Town Planning Department og your area.
15 days of making such a complaint, if no action is taken, then wrtite a letter to Information Officer (IO) of the same Department, under Right to Information (RTI), asking him, waht action is taken by the Department, on your complaint.
Niranjan Rao
7 years ago
Our Society committee members had given wrong numbers to resold Flats and Shops. How to rectify. Can we new Committee change after approval in A.G.M.?
Shirish Sadanand Shanbhag
Replied to Niranjan Rao comment 7 years ago
I cannot believe in your complaint, since flat number is already written on Share Certificate of the Flat, which is resold.
If your Committee has changed the flat number, then kindly bring it to the notice of the committee, in writing, stating the facts. You must be having the list of flat holders, with the flat number and floor number and wing.
If your Committee still do not make any correction, then write a complaint to your Deputy Registrar with the list of flat members with their respective flat numbers, as available with you, from the Society, earlier to the change of flat numbers in resale.
Sushilkumar Shaktia
7 years ago
Dear Members,

I am staying in Kavita Darshan Co-operative Hsg. Society for past 25 years. An year back society carried out cosmetic repairs of the building at whopping cost of Rs.22 laks. I am not sure if they have invited 3 quotation for carrying out this job. As per managing committee, the repair cost overshot the said amount. Hence they passed a resolution to collect @ Rs. 25/- per square foot of the flat area from each member towards extra expenses incurred. Additionally they decided to collect @ Rs.25/- per square foot to carry out repairs of staircase of society's building. Subsequently repair of building staircase was cancelled as they plan to redevelop the society's building. However they still insists to collect the additional amount under vague excuses like making fixed deposit out of the collected amount. Whereas I have already paid additional fund required for repairs already carried out but I do not agree for extra amount to be collected in the name of fixed deposit and that too on square foot basis.It is pertinent to note that repair fund is already being collected in the maintenance bills under two headings and was revised by nearly 200% about couple of years back. I request my fellow members to give me their valuable advise in the matter.

Sushilkumar Shaktia
Shirish Sadanand Shanbhag
Replied to Sushilkumar Shaktia comment 7 years ago
Refer your matter to Legal Resource Centre of Moneylife Foundation, who will give you the solution to your problem.
ravi gupta
7 years ago
sir i got 1 matter of co operative society thane this is my 1 case can you help me please
its regarding society member want to register co op housing society but there is due of builder which builder want to recover
i am from builder side
Shirish Sadanand Shanbhag
Replied to ravi gupta comment 7 years ago
If 60% of the falts in a building are sold, then flat buyers can form the society, even if Buildier is not Co-operarting or Conveyance of the Building is not done.
Make an application in prescribed form to Deputy Registrar of your area, for registration of your society.
A builder cannot charge you any thing extra for making registration of your building as a Co-op. Housing Society.
Tarunkumar
7 years ago
in a building (society not formed), can the builder stop the flat purchaser from using Electiricty & Water for non-payment of Maintainence.
Shirish Sadanand Shanbhag
Replied to Tarunkumar comment 7 years ago
Mr. Tarunkumar, Moneylife Foundation has formed Legal Resource Centre to resolve types of difficulties faced by you.
Please contact there on Email, or come to Co-op. Hsg Sty (helping even to those which are not yet registered as Co-op. Hsg. Sty.) after first registering, on Saturday, 12.4.2014, between 11am and 1pm, for Co-op. Hsg. Sty. redressal camp at Moneylife Foundation's Office at Dadar west.
Punjabi Tikamdas
7 years ago
Mr.Vinod Sampat is a great man who with his treasure of knowledge has tried his best to educate harassed community of apartment owners who are spread through length and breadth of our great country. Mafia like groups are ruling to roost and likes of this gentleman are doing yeomans job and the only need is to gather courage and challenge illegality, highhandedness which is the purprose of various enactments, rules as also NGOs and indeed Mr.Sampat.Hats off to MONEYLIFE.
Shirish Sadanand Shanbhag
7 years ago
This is highly informative article on Co-op. Hsg. Sty. matter.
I feel that you should make this article in down loadable form, for the benefit of its visitors.
Shirish Shanbhag, Mumbai-400089.
[email protected]
25.3.2014
Sucheta Dalal
7 years ago
Many of you have been posting comments to this article seeking specific legal help.

I would suggest that if you need help, you will have to make a specific request to Moneylife Foundation's FREE Legal Resource centre.

Please click on this for more details: http://moneylife.in/lrc.html

Moneylife Foundation will not be responding to requests posted here, because we need you to register at the foundation and read the terms and conditions first.
best regards

Sucheta Dalal
Trustee
Moneylife Foundation
Punjabi Tikamdas
Replied to Sucheta Dalal comment 7 years ago
Madam at this point in time in
evolving India this foundation is really contributing valuable inputs to strengthen social will to fight injustice. Great. But my querry sent through email remains unresponded. Will somebody please help. [email protected]
Shirish Sadanand Shanbhag
Replied to Punjabi Tikamdas comment 7 years ago
Queries sent to Moneylife Foundation's Legal Resource Center (lrc) have all answered within a week. Therefore you are requested to send your query once again by check out at http://lrc.moneylife.in and register your query at http://moneylife.in/lrc.html
udaykumar
7 years ago
I have purcahsed a flat in a single building in 2006 and got possession in 2008 after paying all dues as per sale agreement and recieved such letter from builder.
Builder have completed the building in 2012 but till date he has not formed apartment condo. or society.
without our consent he has completed deed of declaration. Also he is demanding VAT which is not in our scope.
We all members want to form society.
please advice to proceed further.
Shirish Sadanand Shanbhag
Replied to udaykumar comment 6 years ago
If you still have your problem, kindly refer the matter to Legal Resource Centre (LRC) of Moneylife Foundation on
moneylife.in/lrc.html
Your query will be replied within a week by expert on the subject.
Vishrut Patel
Replied to udaykumar comment 7 years ago
Dear Udaykumar,
Thanks for posting your comment.
As you may be aware Moneylife Foundation has launched a Legal Resource Centre (lrc.moneylife.in) to provide advice and help in such matters.
We request you to send your query through the LRC or by clicking in this link http://moneylife.in/lrc.html

Best Regards,
Vishrut Patel
abdul rauf
7 years ago
I am the joint owner with my first brother and joint member of society in Mumbai,want to give my shares of the property to my third brother.Is there any consent needed from my first brother and is the society need a NOC of the first member to delete my name and enter my third brother's name in place of mine.the third brother is only in possession of the flat.
Shirish Sadanand Shanbhag
Replied to abdul rauf comment 7 years ago
Kindly refer this matter to Moneylife Foundation's Legal Resource Centre.
Check out
http://lrc.moneylife.in
and register your query at http://moneylife.in/lrc.html
Vishrut Patel
Replied to abdul rauf comment 7 years ago
Dear Abdul Rauf,

Thanks for posting your comment.

As you may be aware Moneylife Foundation has launched a Legal Resource Centre ( http://lrc.moneylife.in/ ) to provide advice and help in such matters.

We request you to send your query through the LRC by clicking in this link http://moneylife.in/lrc.html

Best Regards,
Vishrut Patel
deepak gawde
7 years ago
In our society of 34 members there are three flats of a singly family. One in the name of wife, sencond jointly in the name of son and father, and third one jointly in the name of father & daughter.In the above case whether all the three can vote in election of the society. Father & daughter are in abroad who have given Associate Membership to wife. In this case whether the wife can give vote for two flat, i.e. one for her own flat and second for her husband's flat in the capacity of associate member
MPS RAMANI
Replied to deepak gawde comment 7 years ago
In the case of flat in the name of wife the wife can attend GM's and vote. In the case of flat in the name of son and father the son can attend and vote as the father is abroad. In the case of flat in the names of father and daughter both are abroad and they have given Associate Membership to wife. In other words the third flat is in the names of father, mother and daughter.
In the event of a GM the wife will attend as member with respect to her own flat and associate member with respect to the third flat. This will give her two votes, which is against the principle of one member one vote in Co-operative Societies. The law is not clear in this respect.
There was one instance in this respect which I know. In a Society there was one member having two flats. But under the law he had only one vote. He applied for Associate Membership of his wife with respect to one flat only. That would have enabled both he and his wife attending together and voting twice at a GM. The Managing Committee sought the advice of the Federation, who advised that the Associate Membership application of the wife could not be accepted. That was in Mumbai.
Rajmoghe
7 years ago
Dear Vinodji,

I appreciate your effort in giving guidance to many aggrieved members of the society.
I seek your guidance on following 2 issues:
1. Our society was formed in the year 2005 and has 210 flat owners out of which parking is sold / allotted by builder to only few members. This allotment / sale is not justified with any logic as some of the allotments were done in the year 2005 /2006 while there are members who had purchased the flat under construction as early as 2003.
Similarly, some of the members who sold their flats in the recent years have sold such stilt parking space separately.
My question is are these transactions legal and if not so.. what is the legal remedy for the same.
Secondly, I would like to know if the security appointed by Cooperative housing society has to be registered with any recognized body? It is commonly observed that these registered security services charge absorbitantly while the security personnels do not get decent pay. Also the quality of such personnel is also a question mark in terms of their age, their background verification etc.
I seek your guidance on the above subject and any information in this regards is highly appreciated.

Thanks

RMM
Vishrut Patel
Replied to Rajmoghe comment 7 years ago
Dear Mr Raj Moghe,

Thanks for posting your comment.

As you may be aware Moneylife Foundation has launched a Legal Resource Centre ( http://lrc.moneylife.in/ ) to provide advice and help in such matters.

We request you to send your query through the LRC by clicking in this link http://moneylife.in/lrc.html

Best Regards,
Vishrut Patel
Amit Mehta
7 years ago
Respected Vinodji,

I live in one of the co operative housing society ltd. in ahmedabad. We are 23 members of it.
For last many months few members are not giving common maintenance expense what the society has decided. The even not attaining the common meeting of the society.

Sir what kind of action the society shall take on them so that they not only pay old due but also pay the same in regular manner in future.

I will be gladful to you if you reply me, and request to reply on [email protected]

Amit Mehta
Vishrut Patel
Replied to Amit Mehta comment 7 years ago
Dear Mr Amit Maheta
,

Thanks for posting your comment.

As you may be aware Moneylife Foundation has launched a Legal Resource Centre ( http://lrc.moneylife.in/ ) to provide advice and help in such matters.

We request you to send your query through the LRC by clicking in this link http://moneylife.in/lrc.html

Best Regards,
Vishrut Patel
MPS RAMANI
Replied to Amit Mehta comment 7 years ago
To Mr. Amit Mehta
Your question was addressed to Adv. Vinod Sampat. I hope you may tolerate my intrusion.

I think Gujarat Co-op Act is similar to Maharashtra Act because both inherited from the erstwhile Bombay State.
You will have to first send notice to the defaulter member asking him to pay up. If you are following the billing system each bill would give details of expenditure against which you are billing the member. If the member doesn't pay up, you will have to apply to the Registrar for a recovery certificate. There are forms to be filled up for the purpose. If the Registrar asks any queries you will have to satisfy him. If he is satisfied he will issue recovery certificate. Once the recovery certificate is obtained the amount can be recovered under Section 101 as arrears of land revenue. Mostly when the member comes to know that you are serious about recovery, mostly he will pay up even before you reach the final stage.
Amit Mehta
Replied to MPS RAMANI comment 7 years ago
Sir,
I am heartily thankful to you for your related guideline.

Sir, our society was constructed somewhere in 2005-06 and still the builder has not given the charge officially. Although they have permitted us to collect maintenance on our own and run the management. We select volunteer Chariman and Secretary once in every year. Particular members are not paying the common expense for approx last two years. So in order to get recovery certificate from Registrar what should I need to do as this time I am secretary and I need to end this so long issue.
Sir, will be great full to you if you assist further in this regard.

Amit Mehta
MPS RAMANI
Replied to Amit Mehta comment 7 years ago
What exactly do you mean saying that builder has not given charge? Does it mean that he has not executed conveyance and transferred flats to the names of individual members?
In Maharashtra it is mandatory for the builder to initiate action to form a co-operative society or a company once a certain minimum number of flats are sold. The builder shall continue to be member with respect to unsold flats. If the builder does not act the purchaser members can act and register the society.
I suggest that you check with Registrar of co-operative societies and find out whether you can form a society even without the co-operation of the Builder. Once you form the Society you will have bye-laws that would enable you to recover amounts from
defaulters.
Your Chief Minister may be our future Prime Minister and I do not think he would allow lawlessness to prevail.
Amit Mehta
Replied to MPS RAMANI comment 7 years ago
Sir,
It is indeed a thankful efforts you are taking in order to reply my query. Sir ours's is raw house duplex of 23 members in it. The builder has put the name of owner on share certificate and on paper we are having our registered society.

Although I also got same suggestion to formulate other body separately than present one. Some of the members, due to their not technical knowledge, are not in favor to formulate different body and we are dealing with builder to assign charge to us.
But now what I want to know from you is that what are the basic law formality that we need to complete so that when we at all need some legal assistance then it can help us in recovery e.g. (books of accounts, circulation with duly sign of memebers etc.)
MPS RAMANI
Replied to Amit Mehta comment 7 years ago
You say that you are a registered society. Under which Act are you registered, Societies Registration Act or the Co-operative Societies Act. The former is a toothless act for your needs. The Act is intended for associations of voluntary members. Membership of a housing society cannot be voluntary. Find out how you can
convert yourself into a co-operative society. By technical knowledge I think you mean legal knowledge. There will be consultants there who can help you step by step to register yourself as a co-operative society. Even if you are not a co-operative society you can buy a copy of their model bye-laws which will give you all the information regarding account books etc. There are also professional accountants with computers who will guide you for a small fee.
Amit Mehta
Replied to MPS RAMANI comment 7 years ago
Thank you sir.

Your reply has given me the direction to work in particular manner. I first let conform the kind of act under which we are registered. If we has been under first one then I need to convert, obviously with the concern of other members, into second one.

Mean time you are kindly requested to entertain my queries, I mean I beg your excuse if I ask questions regarding this but my aim is to clear all the pending issues in society and make it more clear than present.

With regards,
Amit Mehta
MPS RAMANI
7 years ago
In many cases the author has advised approaching consumer court against the Society. Notwithstanding many consumer court decisions in Maharashtra I hold that Co-operative Housing Societies are outside the jurisdiction of Consumer courts for the following reason:

A consumer co-operative housing society is a body of consumers. The General Body is the Society. The Society bills the members for services rendered by
outsiders. By billing collecting and paying the outside service providers there is no commercial transaction between the General Body and individual members.
Under the Consumer Protection Act any service provided free of cost is outside the purview of the Act. The Act itself says that.
I have gone through the arguments in consumer courts. They are faulty and mediocre. As the cases are for small amounts no case has gone up to Delhi. Hence the contentions in consumer courts have not been tested at the apex court. Cases which have gone up to Delhi are between member or members and outsiders like builders.
Sourav
7 years ago
Car damaged inside the society premises due to children playing cricket

I am a tenant have allotted car parking for the flat in mumbai.
Since 4 months my car is getting damaged at parking lot since children started playing cricket/football over there.
Already submitted the written complaint to society secretary a month ago but yesterday my car has been again found damaged.
My Questions are:
1) Can I claim for the damages from the society
2) Can I file any civil or case in consumer court against society
MPS RAMANI
Replied to Sourav comment 7 years ago
In your case your right to park your car is in conflict with the children's right to play. Very often my window glasses are broken being hit by cricket balls. I replace the glass. Children play cricket on public roads also. If you had parked your car by the road-side it could get hit by cricket balls. Who will pay you damages, the Municipality? You place your issue before the General Body at the next AGM. Find out what the other members say.
Sucheta Dalal
Replied to MPS RAMANI comment 7 years ago
Mr Ramani

I have a different view. Children have no god given right to play inside a society if it causes damage. Many societies inMumbai do not allow children to play in their compound. I have seen one, where the society did not allow children to play in its compound, but parents happily watched their children join the neighbours in destroying property in the next compound.
But other than good neighbourly behaviour, there is another important fact. Every member pays maintenance including the watchman's fees to keep the society and well as everything in the compound safe. That makes it different from the risk of parking on the ROAD. What is the point in payments if your car is going to be battered and destroyed inside? This is a valid stance and will be upheld on complaint!
MPS RAMANI
Replied to Sucheta Dalal comment 7 years ago
"Children have no God given right to play inside a Society if it causes damage". Why do we bother God for these small things? It is mandatory for Societies to leave open spaces in their premises. What for are these open spaces? Are they just for light and air? Are they for children of members to play? or are they for car parking? You will say that they are for car parking as the car owners paying parking fees? Well other members are also paying for the maintenance of the open spaces. If one starts arguing I do not think the arguments will ever come to a conclusion. That is why I asked Mr.Saurav to place the matter before their General Body and find out what the GB tells in their collective wisdom.
The Society is responsible for the management of the premises. But they are given any statutory powers to perform their tasks. They will have to go to police and court to achieve things. You know what it means. Also remember the Managing Committee members have their own vocations to earn their livelihood and they have to squeeze out time to attend to Society's head aches.
Each Society has to solve its own problems. That was the reason I said that you place the matter before the General Body.
Sucheta Dalal
Replied to MPS RAMANI comment 7 years ago
I am sorry sir, but there is no children's play fee and many societies simply do not have parking space. Also, in most cases, the people whose children destroy other peoples cars also have cars parked in the same society. They are usually coached to avoid their parents cars. While you now say that you asked that the issue be placed before the general body, your initial view was that it is part of living in a society and he must simply repair the damage every time the children damage his car. That was why I responded.
Farooq
Replied to Sucheta Dalal comment 7 years ago
I completely agreed with you Sucheta.

Mr. I have similar Problem in one of our society in Pune.

Kids play on the drive way and since my flat is on first floor and kids play every evening from 5 to 7 Pm and make lot of noise and have made lot of damages to my Car parked in the parking due to hitting of balls. My parent are old and BP patients and for them its hell for 2-4 hours every day and weekends its too much.

Will your answer remain the same.

I have become a victim of heavy noise pollution, mental tourcher and last but not the least all the damages that caused to my cars.

What should a person do in such cases even if society committe does not give a ear to it.

Thanks,
Farooq Dalal
Shirish Sadanand Shanbhag
Replied to Farooq comment 7 years ago
For noise pollution by children in your Co-op. Hsg. Society, kindly refer your problem to Legal Resource Centre (lrc) of Monlelife Foundation.
Checkout
http://lrc.moneylife.in
and register your complaint at
http://moneylife.in/lrc.html
MPS RAMANI
Replied to Sucheta Dalal comment 7 years ago
Even at the very beginning I said that you place the matter before the General Body.
During the socialist days production of cars was controlled. There was complete ban on imports. Only FIAT and Ambassador were available. Very few people owned cars. When housing societies were planned no provision for car parking was made. If there were one or two cars either they will be asked to park on the road side or at the most in a corner of the compound. Members were hostile to those owning cars. The majority who were not owning cars were of the view that the compounds were for children to play. In due course the need for car parking was recognized. Provisions were made in the Model Bye-laws for parking cars in the compound. The open spaces in Societies got filled with parked cars leaving no space for people to move about, let alone children playing. In Mumbai the Development Control Rules stipulated parking for a certain number of cars.But Builders mostly flouted these rules.
In big cities everywhere there is fight for space. I have also got a car. I am unable to see any solution to the kind of problem faced by Mr. Saurau. If any one has, I am interested in knowing.
Mr.Farooq: Society committees are also just like you. They are helpless. If there is something that they can do, you can also do it yourself.
Mayur Kanbar
7 years ago
I am the member of co-operative housing society in Mumbai. I am intending to sale my flat and ask the society for No Objection Certificate. I have cleared all dues to the society, but still they are demanding undertaking from the prposed buyer for discharging liabilities of builder,if any, in future relating to maintenance, tax etc will arise. Can society demand such undertaking?
MPS RAMANI
Replied to Mayur Kanbar comment 7 years ago
Suppose you had continued without selling your flat would you be liable for those responsibilities to builder etc. etc.? If your answer to the question is "yes", what harm is there if Society asks for such an undertaking from the prospective member? Even if the undertaking was not given the new member will be responsible. The Society is asking for the undertaking only to avoid any future disputes with the new member.
abhijeet chatterjee
8 years ago
I am a member of a cooperative housing society in Kolkata. The managing committee employed a contractor to relay the floor of the terrace and in the process water seeped into our flat (it had been raining) and damaged our walls. Is the housing society a service provider and am I a "consumer of service" under the Consumer Protection Act 1986. Can I take them to the Consumer Redressal forum and ask for compensation?
MPS RAMANI
Replied to abhijeet chatterjee comment 7 years ago
Please see my comments above regarding CHS's and consumer courts.
You can certainly ask the Society for compensation. If you were in Mumbai you could have gone to the Registrar and co-operative court. A similar case was decided by the consumer forum in Mumbai recently.
Yerram Raju Behara
8 years ago
This is highly informative and useful article that has prospect of resolving most of the common issues the flat owners/tenants face with the Cooperative Housing Society or Flat owners' Association. I congratulate the author for the depth of the information.
S T Jariwala
8 years ago
I like to be educated as to who is the authority for giving election dates, conducting election,counting votes, declaring result, etc for a medium Hsg Coop Soc having 144 Flats. (a) The Collector or (b)the Registrar or (c)the Secretary of the Society himself without any supervision from (a) or (b) above.
Shirish Sadanand Shanbhag
Replied to S T Jariwala comment 7 years ago
As per new Bye-laws of Co-op. Hsg. Sty, under 97th Constitutional Amendments, Government of Maharashtra has not yet formulated new rules for election to Co-op. Housing Societies. Existing Managing Committee, even if it has completed its five year term, will continue to hold the office till December, 2014, as per Maharashtra Government Circular.
Maharashtra Government will appoint a Co-operative Election Commissioner for the state, who will conduct election of all the Co-op. Housing Societies, after December, 2014 (may be in January, 2015).
MPS RAMANI
Replied to S T Jariwala comment 7 years ago
If you are in Mumbai the outgoing Managing Committee is responsible to initiate the election process. The election rules require the appointment of a "Returning Officer". The RO can be a member of the Society. But he should not contest in the election. An outsider can also be RO. The detailed schedule and forms etc are given in the Co-operative Societies Act and the Rules.
If the outgoing Managing Committee fails to hold elections an aggrieved member can file a complaint with the Registrar. Under the Act the Registrar is required to take all necessary actions.
Suiketu Shah
8 years ago
Must watch on moneylife.tv for those who are unable to attend.Great work by ml
Yerram Raju Behara
8 years ago
Very rich in content. I have one clarification to seek: How many of these have been taken cognizance of at the time of property valuations?
Shirish Sadanand Shanbhag
Replied to Yerram Raju Behara comment 7 years ago
Property valuation is required if some one want to mortgage his property or want to insure it. For property tax purpose, Municipal Coprporation has all the details of the building in its possession, based on it Property Tax is levied.
Therefore, no property (flat) owner is interested in valuation of his property, unless he want to mortgague it or insure it.
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