Managing a cooperative housing society (CHS/the Society) comes with its fair share of challenges, from election disputes and redevelopment issues to conflicts over daily amenities. This week, I will address concerns about election procedures—who gets to elect office bearers and whether physical presence is mandatory. I will also discuss the legality of restricting water supply at night and a dispute over property ownership in a Society undergoing redevelopment.
Knowing your rights and the legal framework governing cooperative societies is key to resolving such matters effectively. Read on for expert advice and practical solutions.
Clarity on Election Rules in Housing Society
Question: Our Society in Mumbai has upcoming elections and we need clarification on the following points along with the relevant bye-law numbers:
1. Once members vote and elect the managing committee, do the committee members then elect the office-bearers among themselves, or do the top three candidates from the initial voting automatically get these positions?
2. Is it mandatory for candidates to be physically present during the elections? Some of our members, such as teachers, maybe on examination duty that day.
3. Our Society requires 13 members to form the managing committee. However, if a member is not convinced about the qualifications of some candidates, can they choose to vote for only 10 instead of all 13?
Answer: I assume that your Society is a multi-storied building with 250 or fewer flats and follows the model by-laws of 2015, as amended in December 2019. The government updated election guidelines for such societies on 6 April 2021 and must be followed by all cooperative housing societies in Maharashtra. Based on this, here are the answers to your queries:
1. As per the election guidelines, bye-law 114(a & e), and Section 73CB of the Maharashtra Cooperative Societies (MCS) Act, the elected managing committee members must conduct a separate election among themselves to appoint office bearers. The top three candidates from the general voting do not automatically assume these positions.
2. In most cases, candidates must be physically present for the election, as per the Maharashtra government notification dated 6 April 2021, unless the member is a corporate entity.
3. Each voter has the right to vote for as many or as few candidates as they choose. If a voter is not convinced about certain candidates, they may vote for only 10 instead of all 13.
Managing Committee Turns off Water Supply during Night Time
Question: My Society is purchasing water through tankers due to a shortage. However, for reasons best known to them, the watchman listens to water sounds in the drain pipes at night (around 1am or 2am) and concludes that someone has left their tap open, leading to water wastage. As a result, the managing committee has decided to shut off the water supply to bathrooms at night and restore it only at 5am. This is causing significant inconvenience, especially to senior citizens. Is this legal? This is despite residents paying regular maintenance charges and an additional Rs409 per family member monthly for the water tankers.
Answer: I agree with your concerns. Restricting access to water, especially for senior citizens, is highly inconvenient. Based on your query, I presume that you are also a senior citizen. However, it is not clear whether you are physically, mentally and financially in good condition to proceed independently for redress, as I have explained below. Accordingly, you may choose to either proceed independently or with the assistance of a lawyer.
At this stage, I recommend issuing a formal notice to the managing committee, clearly stating your objections. This notice should be well-drafted but signed by you, with a copy sent to the deputy registrar of cooperative societies (DRCS) of your area to ensure proper documentation and avoid further complications. If the issue persists, legal action may be considered.
Dispute over Grandfather's Ownership of a Flat in a Building Undergoing Redevelopment
Question: Our Society is currently undergoing redevelopment. My grandfather purchased this flat in 1971 and transferred the shares to my father's name in 2001. At the time, the Society neither required nor advised a registered gift deed. My grandfather passed away in 2005.
Despite disputing my father's membership on various other grounds, the Society never raised concerns about the lack of a deed. My father later obtained a ruling from the DRCS confirming the validity of the share transfer. He also submitted a notarised no objection certificate (NOC) from other legal heirs along with an indemnity bond.
Now, the Society insists that the flat's title is unclear due to the absence of a registered deed. They claim that without it, we may not be allowed to sign the development agreement with the builder.
Answer: You have not provided details regarding the Society's location or the specifics of the DRCS' order regarding the share certificate transfer. Reviewing any existing correspondence and confirming whether the deceased had executed a will or submitted a nomination form would also be relevant.
If the DRCS' order remains unchallenged, it is likely final. However, a share certificate alone does not establish legal title. Notarised documents, such as a release deed or NOC, while often referenced, do not fulfil legal requirements for ownership transfer in this case.
To resolve this, I recommend that you and other legal heirs issue a legal notice to the Society and the DRCS. If no satisfactory response is received within the designated period, you may need to approach the competent civil court to obtain an heirship certificate. The Society, builder and other relevant parties should be included in the proceedings.
Additionally, you may request a court order directing that the corpus and monthly compensation be deposited with the court until the matter is resolved. Seeking permission from the court to sign the development agreement would also be a prudent step. These measures will provide stronger legal recourse than relying solely on the DRCS' ruling.
NOTE
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Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever.
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
Second answer is too ambiguous.