Housing Society Problems and Solutions: Clarification on Maintenance, Membership and Share Certificates

Shirish Shanbhag 20 June 2025

Consumer Interest

Cooperative housing societies (CHSs) are meant to function as democratic, transparent and rule-bound collectives, but problems often arise due to poor understanding or misinterpretation of the bye-laws. Whether it is the calculation of maintenance charges, issuing share certificates or dealing with redevelopment processes, clarity is essential for smooth functioning.

In this week’s column, I continue to address common but important concerns faced by society members, based strictly on the model bye-laws and established procedures.

Method of Calculating Maintenance for Housing Societies

Question: What is the correct method to calculate the society maintenance charges as per the bye-laws? Some Societies adopt per sqft, per flat or hybrid models. Please advise.

Answer: Please refer to bye-law no. 67(a)(i) to (xvi) in the Society's bye-law book (2014 edition). Depending on which edition of the bye-laws has been adopted by your Society, you can refer to the bye-laws accordingly.

This bye-law clearly outlines which charges are to be collected equally from all members (irrespective of flat size) and which are to be calculated based on the area of the flat.

Monthly contribution collected from Society members referred to in the bye-laws can be broadly divided in two categories, ‘service charges’ and ‘repairs and maintenance fund’. Service charges are collected equally from all members irrespective of their flat size. Repairs and maintenance charges are collected on a flat size basis, i.e., on a per square foot (sqft) basis.

There is no provision for a hybrid method of calculating Society maintenance charges.

Application for Membership in Housing Society

Question: We have four names listed in the flat's sale deed. Can I submit one membership form to the Society signed by all four, or are separate forms required? Also, if one form is submitted, will all four names be mentioned in the share certificate?

Answer: The first member must submit their membership form in Appendix-2. The 2nd to 4th named persons in the flat's sale deed should each submit a co-membership form as given in Appendix-5 of the cooperative society's bye-laws book. It is not possible to include all four co-owners of the flat in a single form.

Redressal of Complaints Raised with Managing Committee

Question: I have raised a couple of complaints, such as a lift button issue and a bee hive, but the secretary and manager of our CHS are ignoring them and taking no action. What recourse do I have? I have paid all my dues and believe it is the managing committee’s duty to address complaints promptly.

Answer: Kindly submit your complaint in writing to the managing committee of your society in writing, under bye-law no. 172. As per bye-law no. 173, the Society must respond to your complaint within 15 days of receiving it.

If you do not receive a reply within 15 days, then under bye-law no174(A)(xxii), you may file a complaint against the society with the deputy registrar (DR) of cooperative societies in your area. Be sure to attach a copy of your original complaint and mention that no action was taken by the Society.

Sale of Parking Space and Share Certificates

Question: The builder sold a mechanical parking slot along with a flat and mentioned it in the sale agreement. Stamp duty was also paid to the registration authority on the parking slot, indicating the area as 150sqft. Now, a CHS has been registered. Is it mandatory to get a separate share certificate from the Society for the parking slot as per MCS Model Bye-laws or MahaRERA rules in Mumbai Suburban?

Answer: A parking space does not utilise the FSI of the building; therefore, it is not a saleable item. Even if the builder includes it in the sale deed of the flat, the sale of the parking space is illegal. For illegal item sales, no share certificate can be issued. Therefore, it is not possible to issue a separate share certificate for the sale of a parking space.

NOTE

We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question

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.)

Comments

User

vdnavgire

3 weeks ago

1. Whether utility water fir which society is paying charges for purchase and supplying to members can discontinue the supply of defaulter member who nir resoonding to notices calling them to repay the charges?
2. What is the legal process to be followed for the action?

virender.jain.18

3 weeks ago

???? ?? ?????? - ?????? ???? ????? ??? - ?????? - ???? ?????, ?????? ?????, ???? ?? ?????? ??????????, ???? ?? ????????????, ?????? ?? ????? ????, ?????? ?? ??????????? ??????? ???? ??????, ?????? ?? ????? ????, ?????? ?? ????? ???????, ?????? ?? ?????, ?????? ?? ?????? ???????, ?????? ????? ????????? ?? ???????, ???? ?? ????? ????, ???? ?? ????? ????, ???? ??????, ???????, ??????, ?????? ???????, ??? ?? ?? - ???? ?? ??, ???? ?? ??? ??, ??????? ?? ???? ??? l ??????? ?

??????? - ??????? ??????? ?????? ???, ??? 87 + ???? , widow , ???? ?? ??? ??? ?????? ??????, ??? ????? - 9013329595 .

??????? ??,

19-05-2025

???? ??, ?????? ?????? ???? ??????, ?????? ?????, ?????? ????????, ??????????, ?????? ?? ?????? ??????????? ?????? ????? ??????? ???? ?????? ??, ???????? ????? ?????? ?? ?????? ( Minister of Co-operatives Department GNCTD ) ???? ???????? ???? (????????) , ?????? ???????? ?????? ??? ?????? ???????? ?? ?????? ???? ??????? ?????? ??? ?????? ???????? ?? ??? ?????? 70 ???????? ?? ???????? -- ?????? ??? ?????? -

??? ?? 87 + ???? ?? widow ??? ??? ??? ?????? ?????? ( Super senior citizen of India ) ????? ????? ??? l ??? ?????? ????? ?? ???????? ????? ( O/o Ragistrar of Co-operative Societies of GNCTD , Parliament Street ) ??? Administrator (S) of Shivaji CGHS Appartment, Sector -14 of Rohini Delhi ?? ??? ?? ???? ?????? ??? ?? ???? ?? ??? ?? ????? ???? 54 + ??? ?? ???? ???? ??? ?? ?????? ???? ??? (Fully paidup) ???? ????? ?? ????? ??? l
?? ???? ?? ???? ?? ?? ?????? ????? ?????? A-10/2 ?? ???????? ?? ????? ???? ?? ?? ??? ???????? ?? ?????? ???? ???? ??? ???
????? ?????? ?????? ???? ??????, ?????? ?? ???????????, ???????? ????? ?????? ?? ?????? ( Minister of Co-operatives Department GNCTD ) ???? ???????? ???? (????????) , ?????? ???????? ?????? ??? ?????? ???????? ?? ?????? ???? ??????? ?????? ??? ?????? ???????? ?? ??? ?????? 70 ???????? ?? ???? ??? ??????? ?? ???? ????? ?? ????? ???? ?? ?? ???? ???-?????? ???? ???? ??? ?? l

????? ???? ??? - ?????? ?????? ????? ?? ?? ???????? ?? ???? ??? ????????? ?? ?????? ?? ?????? ???? ?? ??? ????, ???? ???? ???-?????? ?? ???? ????? ?? ?? ?????? ????? ?? ??????? ??????????? ??? ?????? ????? ?? ???????? ?????? ?? , ???? ??? ???? ??? , ?? ???? ???? ?? ?? ???? ????? ????, ????? ???? ?????? ??? ?????? ?? ??? ?? ???? ???? ?? ??? ??? ???? ??? ???, ???? ?????? ?? ??????????? ??? ?? ????? ??? ?? ?????? ?????, ?????? ??, ?????? ???????? ??? ??? ??? ?????? ???????? ( Super senior citizen of India ) ?? ???? ??? ???? ?? ???? ???? ??? ????? ???? ????? ??? ??? ??????? ????? ??, ??? ???? ?????, ??? ???? ??? ? ????? ??? ??? ?... ????? ???? ???? ????? ???? ??????? ????

????? ?????? :

I Am A 87+ years Old Widow , The Super Senior Citizen , is unable to get the possession of my flat in Shivaji CGHS , Sector -14 , Of Rohini Delhi , Flat Booked on 03-01-1972 (i.e. 54+ years back) due to being illegally and forcefully kept and grabbed by the Administrator (s) of Shivaji CGHS of Rohini and RCS Office of GNCTD. Full and Final Payment done in the year 1999-2000 , no dues after 1999-2000 , my name was also approved and send to DDA , for allotment of a HIG Flat on 16-11-2000 by society management and RCS office , But possession of my almost reserved / entitled HIG Flat is not given to me till today , No results even after multiple times complained to President of India , Prime Minister of India , Home Minister of India , Chief Minister of GNCTD , Chief Secretary of Delhi , LG Delhi , Co-operatives Department minister of GNCTD , RCS Delhi , DDA VC , senior citizens cell and many more , i.e. every where , to get my home and get justice , but all in-vain , no one is listening to me , the helpless widow Super Senior Citizen of India , to get my said home . Waiting for wakeup of above said highest Govt. Authorities and to get looked in this matter of huge and horrible injustice with me , a Widow Super Senior Citizen of India of 87+ years aged. Lajwanti lajwati Jain , Ph. 9013329595

To know more please open/see the following link -
????? ????? ?? ??? ?? ??? ????? ??????? ???? ????? ?????

https://youtu.be/uiaKOtZCYvA?si=y7yuggAnn1BPoZAu

AGGRIEVED PERSON AND FAMILY - Smt. L. W. Jain Wd/o Sh. R. K. Jain , Super Senior Citizen of India of 87+ years aged , Postal Address -2/21, Sadar4 Bazar Delhi Cantt New Delhi - 110010.

virender.jain.18

3 weeks ago

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