Living in a cooperative housing society (CHS/the Society) often involves balancing individual rights with collective living norms. While CHS bye-laws and statutory provisions exist to ensure order and fairness, disputes frequently arise when these rules are ignored, selectively enforced, or misunderstood by managing committees and members alike.
This week’s column addresses three common yet contentious issues faced by society members: late-night noise disturbances within the Society premises, discriminatory treatment in allowing basic amenities such as cable wiring and the imposition of escalating penalties for long-standing alterations such as enclosed stilt parking. Each query highlights the practical remedies available to members when internal mechanisms fail and clarifies the role of statutory authorities such as the police, the deputy registrar of cooperative societies (DR-CS) and the cooperative court.
Noise Nuisance from Late-night Celebrations in Society Premises
Question: In our building compound, a group of youngsters are celebrating midnight birthday parties. The noisy parties in the dead of the night are causing a lot of disturbance to CHS members on the lower floors, especially senior citizens. Talking to the children and their parents has not produced any effect. Since all the managing committee (MC) members live on the top floors, they are not affected by the noise and are, therefore, not particularly bothered by this issue.
What are the rights of an ordinary member in such cases? How can I compel the MC to take action? If they do not, what is my remedy?
Answer: This is a case of noise pollution nuisance. You can dial telephone numbers 100 or 103 and make a complaint to the police station regarding this nuisance within your CHS premises.
Within CHS premises, loudspeakers or sound systems cannot be played at high volume. Also, after 10pm, sound systems are not permitted to be played at all, even at low volume. The police control room registers such complaints without asking for the complainant’s name and sends police personnel to stop the nuisance. If the police do not attend to your complaint within 30 minutes, you should make another complaint on 100 or 103.
If the sound is stopped and then started again, you should lodge another police complaint. The police will visit again and may take custody of the sound system.
Dispute over Cable Wiring and Unequal Treatment by the Society
Question: I recently purchased a flat in a CHS about a year ago and shifted into it. While staying there, I took a cable connection with the Society’s permission. However, the cable line runs outside the flat, and the Society is not allowing this and is insisting that the cable line be taken inside the flat. They are being very arrogant and rigid about this. The same facility has been allowed to other members, but it is not being extended to me. Can I get proper legal support to resolve this issue?
Answer: Send a letter to the managing committee regarding the issue and obtain an acknowledgement. If the managing committee refuses to accept it physically, you can send it by speed post or under registered AD. You can also use an email ID of the Society, if available. If there is no response from the managing committee, you can send them a reminder after 15 days in the same manner. If there is still no response after a further 15 days, then you can file a complaint against your Society to the Dr-CS under Bye-Law No. 174(A)(xxii). The deputy registrar will call a hearing of you and the Society’s office-bearers at his office. He will then pass an order directing the Society to allow you to install the cable wiring in the same manner as permitted to other members. A copy of this order will be sent to you for follow-up with the Society.
If, even after this order, the Society does not allow you to install the cable connection, you may make a police complaint against the Society’s office-bearers at the local police station under bye-law no. 174(E)(iii), attaching a photocopy of the deputy registrar’s order. The police will call the Society’s office-bearers and direct them to allow you to install the cable connection as permitted to other members.
Penalty for Enclosing Stilt Parking and Limits on Society Fines
Question: I enclosed my stilt parking, which I had purchased, by erecting an iron grill in our Society in 1989, after taking due permission from the managing committee. Now, the present managing committee has asked us to remove it. Only three members, including me, are still continuing with the enclosure; the others have removed theirs.
The Society has been charging a penalty of ₹1,000 per month since January 2025 and has now increased the fine to ₹2,000 per month, effective from October 2025, after it was approved at the annual general body meeting (AGM). Is this correct? Is there any limit laid down for the maximum fine that the Society can levy?
Answer: Under bye-law no. 174(B)(i) and (iv), you should make a complaint against your CHS before the cooperative court. Your complaint should be regarding the Society not allowing you to use your purchased enclosed parking space and levying additional charges for not removing the grills erected for your parking.
Since you are aware of the facts of the matter and what needs to be argued, you do not need to hire the services of a lawyer to file and argue your case in the cooperative court. You may refer to the Maharashtra Co-operative Societies (MCS) Act, 1960 and the MCS Rules, 1961 either in a published book form or through an online resource. The Act and the rules explain the procedure for filing a complaint in the cooperative court in a clear manner and will help you prepare your case.
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.)
