Living in a cooperative housing society (CHS/the Society) often comes with its fair share of questions, ranging from how maintenance charges are levied, to whether you need permission to rent out your flat, or how to handle recurring disturbances from common areas. Many residents find themselves caught between unclear Society rules and arbitrary decisions by managing committees.
This week, I will address some common concerns that highlight the rights and responsibilities of residents and managing committees in matters involving rental agreements, usage of shared amenities and enforcement of society rules. Each situation underlines the importance of understanding your legal standing under the model bye-laws and the remedies available through appropriate legal or regulatory channels.
Responsibilities of the Society in Rental Cases
Question: Do we need the permission of the Society or the managing committee to rent out premises? Can the managing committee insist that the licensee of a leave and license should have all the necessary permissions from the municipal corporation, such as a trade licence and a food licence? Also, is there any liability on the licensor or society if the licensee operates without the required licences?
Answer: You do not need the Society’s permission to give your premises on rent through a leave and licence agreement. If you are renting out a shop premises, then the licensee must obtain the necessary permissions from the municipal corporation, such as a trade licence and food licence. These are the licensee’s responsibility.
You must ensure that a leave and licence agreement is registered with the sub-registrar and the tenant obtains a police clearance from the local police station. This process can also be done online through authorised government agents who handle such agreements. Without a registered agreement and police verification, both you (as the licensor) and the licensee could face legal consequences, including imprisonment.
Disturbance from Children Playing in Society Premises
Question: Our Society has allotted playtime for children from 5pm to 8pm. However, even after this time, they continue playing and shouting which causes a lot of disturbance. I live on the second floor and this is affecting me daily. How can I get this to stop?
Answer: Under bye-law no172, causing disturbance by playing beyond the allotted time should be stopped. You should write to the secretary of your Society, stating that under bye-law no173, your written complaint must be addressed within 15 days. Mention in your complaint that if the disturbance is not stopped after 15 days, you will file a complaint against the managing committee of the Society with the local police station under Bye-law No. 174(E)(iii).
If the police station does not take any action within 15 days, you can escalate the matter by filing a complaint with the assistant commissioner of police (ACP) of your area. Further, if the ACP fails to act within eight days, you may file a Lokshahi Din complaint with the district collector against the ACP for not taking action on your complaint.
Maintenance Charges for Additional Amenities
Question: The cricket ground, volleyball court, gym, swimming pool and clubhouse in our complex are maintained by an association comprising six societies. Although I do not use any of these facilities, my Society is still charging me for them in the maintenance bill. My flat’s sale deed clearly mentions that the use of these amenities is discretionary and I cannot be charged if I do not use them.
Answer: The association of six societies appears to be unaware of the correct way to charge for common sports and recreational facilities such as the cricket ground, volleyball court, gym, swimming pool and clubhouse. These facilities should be maintained through specific fees collected from those who use them, not through the common maintenance charges imposed on each flat-owner.
You should file a complaint against your Society with the deputy registrar of cooperative societies under bye-law 174(A)(xxii), for recovering charges related to the association's common sports facilities through the Society’s general maintenance. You can also file a complaint under bye-law 174(B)(ix) with the cooperative court and, alternatively, you have the option to approach the consumer court as well.
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, 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.)
