Every cooperative housing society (CHS/the Society) is governed by a framework of rules, bye-laws and procedures intended to ensure transparency, fairness and collective decision-making. However, gaps in understanding or implementation often result in disputes or confusion, especially when the Society is newly formed, undergoing redevelopment, or has yet to be formally handed over by the builder.
A lack of clarity around basic issues—such as forming a valid managing committee, ensuring fair elections, or collecting maintenance—can quickly escalate into conflicts. Equally important are questions about how long a person can hold office, or what powers a managing committee really has in enforcing payments or penalising non-cooperation.
This week’s questions highlight some of these recurring concerns faced by housing society members and office-bearers. From the minimum quorum required to form a committee, to the tenure of a secretary or the legal ways to deal with non-payment of maintenance, each scenario reinforces the need to follow due process and when necessary, seek redress through the right authority.
Non-cooperation from Resident Members in Housing Society
Question: Our Society has been registered but not yet handed over to its members. Due to this, we are unable to frame rules and regulations. Some members are taking advantage of the situation and have stopped paying maintenance altogether. We had decided on a fixed monthly contribution of Rs700 per member, but many are not paying. Can we disconnect their water and electricity supply?
Answer: Under no circumstances are you legally allowed to disconnect water, electricity or any other essential services for the members.
Also, your question about the Society handover is not clear. As per the rules and regulations, the chief promoter (usually the builder or developer), who has registered the Society, is mandated to call the first general meeting of all registered members within three months from registration and hand over the Society to the chairman of the provisional committee elected during the meeting.
If this is the case, then you should make a complaint against the chief promoter of your Society to the deputy registrar of cooperative societies under Bye-law No. 174(A)(xxii) for failing to call the first general meeting and hand over the Society to the chairman of the provisional committee. The deputy registrar will take appropriate action against the chief promoter to ensure the first general meeting of all registered members is called and the Society is handed over to registered members.
Office Term Period for Elected Managing Committee Members
Question: In our Society, one person has been continuing in the position of secretary for the past 16 years. Last year, our Society was redeveloped and new members are now being enrolled. I would like to know if there are any restrictions on the number of terms a secretary can serve. Also, after redevelopment, can the old committee continue to function, even though the new members have not elected them?
Answer: Any person can serve as secretary for any number of years, as long as she/he is elected by the managing committee which, in turn, is elected by the members of the Society. A managing committee is elected for a term of five years.
If the redevelopment of the building is completed during the elected five-year term, the existing managing committee continues until the term is completed.
When the new elections are held, all new members who have purchased flats in the Society will be eligible to vote, contest the election, and if elected, join or form the new managing committee by choosing their chairman, secretary, treasurer and other committee members.
Forming a Managing Committee for a Newly Formed Society
Question: Our current Society is still under the builder, but he is in the process of handing it over. What happens if the number of flat-owners is not sufficient to form a committee? The complex has around 80 flats, of which only five owners currently reside here, 21 flats are rented out and the remaining are locked or owned by investors. Can a Society be formed with just five members?
Answer: Your question is not clear. A minimum of 10 members is required to form a CHS.
If the Society is registered, then there are sufficient registered members and, in that case, the builder or developer as chief promoter of the Society is mandated to call the first general meeting of registered members (irrespective of their residential status) within three months and hand over the Society to the chairman of the provisional managing committee.
To form the managing committee of your Society, you need six general category members, two women members and three members from reserved categories—one each from scheduled caste (SC) / scheduled tribes (ST), other backward class (OBC) and nomadic tribes (NT). You will need to find at least six general and two women members who are eligible and willing to join the managing committee.
Owners who have given their flats on rent can still become managing committee members, provided they are willing to work and actively participate.
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. with a first-class degree 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-the-box solutions for any practical issue.)
