In this week's column, I will address some common concerns that residents face when navigating the complex dynamics of cooperative housing societies (CHS). From disputes over children playing in shared spaces to questions about maintenance responsibilities, these issues often require careful handling to ensure fairness and harmony within the community. As always, it is important to balance individual rights with the collective good.
This week, I will be tackling a range of queries, including how to deal with neighbour complaints about noise from children playing and who holds voting rights in the event of a flat sale. We will also look at a tricky situation involving maintenance charges for unsold flats. Each case highlights the importance of understanding your legal rights and responsibilities within your CHS.
Disturbance from Children Playing in Corridors
Question: I have two kids and my neighbour also has two kids. They often play together, sometimes in front of my flat and sometimes in the corridor. There are a total of five flats on the floor. One of our neighbours, who conducts tuition classes in her flat, has started complaining that the noise from our kids disturbs her sessions. She keeps her main door open, even though closing it would reduce the noise significantly. She is the flat-owner while we are tenants and we feel she is trying to assert her power by stopping our kids from playing. We prefer our kids to engage in outdoor activities rather than being glued to screens. Please advise on how to handle this situation.
Answer: Playing in the corridor and making noise is generally not allowed, as it can disturb other residents. Therefore, it would be better for your and your neighbour's children to avoid playing in the corridor. Instead, they can play inside their respective flats, in an open space on the ground floor or on the terrace of the building. This way, the noise will not disrupt others and the children can still enjoy outdoor activities.
Right To Contest Election for Second Owner of Flat
Question: If a member of the CHS has sold his flat but is not providing a letter to the new owner for a name transfer, who has the right to contest the election or participate as a Society member?
Answer: Once the flat is sold, the original owner loses all rights to vote or contest the election of the managing committee (MC) of the CHS. After submitting a copy of the sale deed along with the index-2 document and completing the membership transfer formalities, the new buyer becomes a member of the Society. The new owner then holds the right to vote and contest the MC election.
Recovery of Maintenance Dues in Commercial Complex
Question: I am seeking legal advice regarding maintenance charges in our CHS’ commercial building. The building received its occupancy certificate (OC) in April 2017, but some flats remained unsold and were sold later, with one specific flat being sold in 2018. However, the possession letter issued by the builder is dated 2019. The question is whether the maintenance charges for this flat should apply from 2018 (when it was sold) or from 2019 (when possession was granted). Maintenance charges for the building began in April 2017 after the OC was issued. If charges were to start in 2019, who would be responsible for the charges between 2018–2019—the current owner or the builder? Your guidance would be appreciated to ensure fair maintenance management.
Answer: The industrial premises co-op society (IPCS) began collecting maintenance in April 2017, including from the builder for any unsold flats. If the builder did not pay maintenance for the unsold flat between 2017 and 2019, the current buyer would be responsible for paying the arrears, including any interest. If the arrears are not cleared, the IPCS has the right to withhold membership from the buyer and file a complaint with the deputy registrar of cooperative societies to recover dues.
Handling Issues in an Apartment Association
Question: How can I get work done by the apartment association and should I raise a complaint against the president?
Answer: First, submit a written request to the president of your apartment association detailing the work that needs to be done. In the letter, clearly state that if the issue is not addressed within 15 days, you will consider taking legal action. If the Apartment Association fails to act within the given time frame, you can hire a competent advocate and file a civil suit against the Apartment Association in a civil court to resolve the matter.
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.)
