This week's column addresses a range of issues faced by cooperative housing society (CHS/Society) members, including challenges related to redevelopment projects stalled by government orders, concerns over misbehaving security guards and governance issues such as the timely conduct of annual general meetings (AGMs) and the election of committee members. These problems often lead to confusion and frustration, but understanding the rights and proper procedures can help resolve them.
The following responses offer guidance on navigating these situations, outlining the steps to take when faced with such challenges. By being informed about the legal recourse available and the actions to take in response to internal disputes, society members can ensure smoother functioning and a more harmonious environment.
Avoidance of Necessary Disclosures by Managing Committee
Question: My CHS is undergoing redevelopment, with the development agreement signed and registered. Before the developer could get the plans approved, the defence department of the Union government issued an order prohibiting high-rise buildings near defence land. This order stalled several redevelopment projects, including ours. Affected developers have collectively filed a case against the government in the Supreme Court. However, the members of our Society have no information about the case. Despite requesting the case number thrice in the Society's official WhatsApp group, the office-bearers have not acknowledged my request. It has been over three months and we still know nothing. Please advise.
Answer: Based on the given facts, it is unclear whether your Society is a party to the pending matter before the Supreme Court. As a member, you have the right to seek this information. If the office-bearers continue to ignore your requests, you may approach the deputy registrar for cooperative societies to redress your grievance.
Complaint against Misbehaving Security Guards in Housing Society
Question: We have a security guard who is misbehaving with the kids and threatening to harm them. The kids are now traumatised. How can we handle this situation since the agency is not taking any action against the guard?
Answer: You can file a complaint with the concerned police station against the security guard directly, as no permission or authorisation is required for this. Alternatively, you can approach the Society's managing committee and request the termination of the guard's contract through the agency.
Various Issues with Management of Society
Question: In our Society, after a long time, an AGM along with elections was held on 8 January 2022. The AGM should be conducted before 30th September each year and there is no provision for extension. Currently, most of the Society's work is done via a WhatsApp group created for this purpose. The AGM was also held online for outstation members. There are two flats where there is either no nominee or internal disputes. I understand that one flat-holder, whose name is not on the flat, has been taken as a committee member. Please provide your advice and guidance.
Answer: You have not provided essential details, such as the total number of members in your Society, whether the two flats in question are owned jointly, or whether the committee has accepted a non-member as an expert member. These details are crucial to understanding the situation. The bye-laws do not prevent a member from acting as a committee member, unless they have not submitted a nomination form.
It would be best to visit the Moneylife Foundation's office with all relevant documents for a detailed review. This case is not suitable for online advice. You can call Moneylife Foundation on their landline numbers - (022) 35131664 or (022) 35036925 and take an appointment to consult an expert in person. This consultation is offered fortnightly at their office in Prabhadevi and is free of cost. Please ensure that you carry relevant documents to the appointment, as it would not be possible to offer complete advice otherwise.
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.)
