Life in a cooperative housing society (CHS/the Society) comes with the promise of shared amenities and community living—but it also brings a fair share of confusion around rules, roles and responsibilities. Whether it is about parking charges, managing committee practices, or structural changes within your flat, the bye-laws of a housing society often leave room for misinterpretation or misuse.
This week, I will address a mix of practical and governance-related issues that residents frequently encounter—ranging from parking entitlements and financial transparency to the formalities involved in merging flats and the rules around creating additional committee posts. Understanding your rights—and the Society's obligations—can go a long way in ensuring fair and lawful functioning of the cooperative housing society.
Parking Charges for an Unused Parking Spot
Question: I have been allotted a four-wheeler parking slot by way of a deposit to the Society and I also pay monthly parking charges for it. However, I don't have a four-wheeler. Can I park a two-wheeler in the slot? Do I have to pay again for two-wheeler parking, since I am already paying for four-wheeler parking but am only using it for a two-wheeler? What do the society bye-laws say about this?
Answer: You should write to your Society stating that you wish to surrender the four-wheeler parking space allotted to you since you do not own a four-wheeler. As per the Society's bye-laws, a member cannot be allotted a parking space—whether for a two-wheeler or four-wheeler—without owning the corresponding type of vehicle.
You should request the Society to allot you a two-wheeler parking space and ask for a refund of the four-wheeler parking fees paid by you so far, since you were not using the space for its intended purpose.
Society Misusing Funds Charged as Taxes
Question: The managing committee of our Society is collecting approximately Rs20,000 every year from members under the head "taxes to be paid to the government," even though actual tax payments are only around Rs2,000. They are fully aware that only 10% of this amount goes to the government and that the remaining 90% is being used for the Society's other activities. Is this correct? When we requested a correction in the billed amounts, they responded by saying the accounts are properly audited and, hence, correct.
Answer: If your Society is collecting excess amounts under the heading 'taxes' and using it for general society activities, you should file a complaint with the deputy registrar of cooperative societies (DRCS). The DRCS will take appropriate action against the managing committee for misrepresenting the charges and collecting an inflated amount under a misleading head.
Amalgamated Flats in Housing Society
Question: In cases where a person has two share certificates but has internally combined the flats, the charges, typically, depend on the Society's rules and the number of share certificates held. Please clarify.
Answer: If the owner has two adjoining flats and interconnects them after obtaining permission from the municipality—through a municipality-recognised architect—and receives a single property tax bill for the combined flat, then the Society should cancel one of the share certificates. The share capital related to the cancelled share should be returned to the flat-owner.
Appointing a Vice or Joint Chairman
Question: Please advise whether we can appoint a vice or joint chairman in our Society. We have 28 members and, since there are two groups within the Society, some members have suggested appointing a joint or vice chairman to ensure checks & balances.
Answer: As per the rules, the designated office bearers of a Society's managing committee are the chairman, secretary and treasurer. If your Society wishes to appoint additional posts such as vice-chairman, joint-chairman, joint-secretary or joint treasurer, you must first obtain permission from the deputy registrar of cooperative societies and provide justification for creating these roles.
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.)
