Life in a cooperative housing society (CHS/the Society) can offer a sense of community and shared responsibility, but it can also come with unique challenges. From disagreements over shared expenses to unauthorised commercial use of residential premises, or even the inability to step down from an elected position, these issues can lead to tension, confusion and undue stress for residents.
This week, I will address several such real-life concerns faced by residents across India. Whether it is dealing with noisy neighbours, enforcing decisions fairly or asserting your right to resign from a committee, we explain the rules, the remedies available under Society bye-laws and how to approach the proper authorities when internal resolution fails.
Chairman Refuses To Accept Resignation
Question: I am the secretary of a housing society. During a managing committee meeting, the chairman asked me to resign. I submitted my resignation letter to the chairman, resigning as secretary and committee member. This was accepted by the chairman and the committee members present at the meeting.
However, it has been two months, and no new secretary has been appointed. Meanwhile, documents and cheques are still being sent to me for signatures. I have signed them, ensuring they were duly signed by the chairman as well. Now, the chairman has sent me the agenda for the next managing committee meeting to sign. I refused to sign it and submitted a letter reiterating that I had already resigned due to health reasons, as mentioned in my earlier resignation letter.
I no longer wish to continue as secretary or as a committee member because of health issues, but the chairman is refusing to accept my resignation from the committee. Please advise how I can resolve this, as it is affecting my physical and mental well-being.
Answer: Under bye-law no. 174(A)(xxii), send a letter with a copy of your resignation letter—originally addressed to the chairman—to the deputy registrar of cooperative societies. In your covering letter to the deputy registrar, mention that the chairman has not accepted your resignation or appointed a new secretary in your place. Send copy of this letter to the Society as well. The deputy registrar will then instruct the chairman to accept your resignation and appoint a new secretary.
Sharing Cost of Regular Bus Service to and from Railway Station
Question: Our Society provides a bus service from the premises to the railway station and back. The cost of running the bus service is recovered equally from all flat-owners, regardless of whether they use it or not.
One of the members has refused to pay his maintenance charges to the extent of the monthly bus service expenses. He believes that since he does not use the bus service, he should not be required to pay for it. He has not paid these charges for the last four years. I need your advice on the course of action the Society should take and the legal position regarding his claim, that he should not pay for a service he does not use.
Answer: Was the bus service made compulsory in your Society through a special general body meeting (SGBM) attended by at least 75% of the members, and was it approved by all 75% of those present? If yes, then all members of the Society are equally responsible for bearing the cost of maintaining the bus service. If not, then the Society cannot make payment for the bus service compulsory for members who do not avail it.
Operating a Commercial Beauty Parlour in a Residential Society
Question: I am living in a CHS in Aurangabad. One of the members in our Society owns two adjacent flats and is using one of them to run a beauty parlour. I believe it is illegal to operate such a business in a residential CHS, but I am not sure. Please advise.
Answer: If the flat is on the ground floor and the beauty parlour does not cause any disturbance to neighbouring flats, then it can continue operating.
However, if the beauty parlour is on an upper floor and causes disturbance to residents, such as customer movement or noise, you can file a complaint with the local municipal ward officer. Even in the case of a ground-floor parlour, if it creates a nuisance for other flat-owners, you are entitled to raise a complaint.
Unreasonable Noise from Residents Late in the Night
Question: Children and teenagers play cricket and basketball in the Society premises till 10pm–10:30pm, making very high-pitched, high-decibel noise. It is impossible to sleep. Society members are not interested in taking any action.
Answer: For the disturbance caused by nighttime playing on the ground floor of the Society’s premises, under bye-law no. 174(D)(v), you may file a complaint against the managing committee with the municipal ward officer, who will take action against the players.
Under bye-law no. 174(E)(i), you can also complain to the local police station against the managing committee, which will then act to control the players at night.
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.)
