Managing or living in a cooperative housing society (CHS/the Society) often means dealing with a range of legal, procedural and practical challenges—many of which are not always clearly understood by residents or committee members. From questions of membership and voting rights to property maintenance and documentation issues, housing societies must frequently interpret and implement complex rules under the Maharashtra Cooperative Societies (MCS) Act and model bye-laws.
In this week’s column, we address three practical issues frequently encountered by CHS members. Can a person vote multiple times in a Society, if he owns flats in his name as well as under a Hindu undivided family (HUF)? What steps can you take if persistent leakage from an upper-floor flat damages your ceiling and walls and the Society refuses to intervene? And, finally, how can a member officially change or expand their name in the Society’s share certificate if their current documents do not match the original sale agreement? Read on for clear guidance rooted in housing society bye-laws and legal remedies.
Voting Rights for an HUF and Karta
Question: We recently registered a CHS in Mumbai Suburban with 13 flats. We have three flats in the name of a Hindu undivided family (HUF), with the same person as the karta or manager. There are four flats in the name of the same person as an individual. Then two more flats are also in the same individual's name and all the above belong to the same family. The remaining five flats are owned by different entities. If the karta is present in the special general meeting (SGM) or annual general meeting (AGM), how many voting rights does he have in his capacity as karta and as an individual owner? Also, if the karta is physically present at the meeting, can he transfer his voting rights (for individually owned flats) to a family member who is an associate member?
Answer: In a CHS, the principle of ‘one member, one vote’ applies. A person who is merely a manager of an HUF cannot vote on behalf of the HUF. However, if he is the karta of the HUF, he can vote as the representative member of the HUF-owned flat.
If the karta also owns other flats in his personal capacity, under bye-law no. 3(xxv), he may nominate a family member as an associate member for any of those flats. The associate member can then vote on behalf of the flat, provided the karta gives a written authorisation.
Also note that all general body meetings (GBMs) of the Society are now to be conducted in person and not online.
Leakage from the Ceiling in Bathroom
Question: It has been a year since we started experiencing leakage in the bathroom ceiling. The owner of the flat above carried out some minor repairs, but the leakage returned after five months. The ceiling is damaged and the seepage has now reached our hall.
Despite my repeated requests, the managing committee is not helping by instructing the flat-owner to undertake proper repairs. I have asked the owner to re-do the flooring thoroughly, but he keeps delaying the work. The ceiling plaster is now falling off.
What action can I take against the flat-owner and the managing committee? I have submitted a written complaint and shared videos and messages on WhatsApp—directly with them and on the Society group.
Answer: Your query does not specify whether the building is a CHS or a pagdi (tenanted) building.
If it is a pagdi building, and it is located in Mumbai, you should file a case against the owner in the small causes court.
If the building is a CHS, then for issues related to leakage, you should, under bye-law no. 174(B)(iii), hire a good lawyer and file a complaint in the cooperative court against the member residing above and the Society.
Change of Name on Share Certificate
Question: One of our members of society wants to add ‘Kumar’ to his name on the share certificate. However, his original sale agreement does not include ‘Kumar’. His PAN card and Aadhaar both reflect the name with ‘Kumar’. He has submitted an application along with self-attested copies of these documents. Can we allow this change?
Answer: It appears that ‘Kumar’ refers to the same person who originally purchased the flat. To officially add ‘Kumar’ to his name in the Society’s share certificate, the member should execute an affidavit on a Rs500 non-judicial stamp paper and register it with the sub-registrar of assurances. Once the Society receives a copy of this registered affidavit and its Index II, it may correct the requested name in the share certificate.
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.)
