How to resolve your Co-operative Housing Society's disputes?

Use SAHAKARSUTRA’S Knowledge-Bank for Solving Your Cooperative Housing Society Problems


Dear friends,



We live in cooperative housing societies (CHS), but we usually fail to ensure that they work well. A major reason is that we lack the working knowledge of CHS functioning. This need not be the case; a wealth of useful information is available for study, thanks to our tireless team at SAHAKARSUTRA –we keep updating the latest amendments in the laws, important court orders, etc.

We are setting up this “knowledge-bank”, from where you can get essential information for Cooperative Housing Society dispute resolution and also smooth running.





WHY CHS ACTIVISM IS THE NEED OF THE HOUR



The CHS is the most basic unit of local self-governance. Unfortunately, few people have a proper understanding of CHS rules, laws, procedures and administrative/judicial mechanisms that provide our constitutional safeguards.



The result is arbitrariness and misuse of power by managing committee members. Just like RTI activists, there is a need for “CHS activists” – people who acquire knowledge and experience of such matters, and help others by training and guiding them. CHS activists also improve and fine-tune the existing mechanisms to make them more useable by the general public.



A CHS activist in our state should have working knowledge of Maharashtra Cooperative Societies Act (MCS Act), MCS Rules, Model Bye-laws, guidelines and circulars issued by the office of Registrar of Cooperatives etc, Consumer Protection Act, and Right to Information Act (RTI Act). He should know how to conduct the affairs of a cooperative society in a lawful manner, with all the proper accounts and paperwork.



Wherever disputes arise, a CHS activist is competent in using a variety of complaint and appeal mechanisms provided by the Joint Commissioner of Cooperatives, Cooperatives Federation, Cooperative Court, Consumer Court and the judiciary. He is somewhat familiar with police procedures also.



CHS ACTIVIST ARE NOT NECESSARILY LAWYERS, BUT THEY MAY HAVE A BROADER AREA OF COMPETENCE THAN PLAIN LAWYERS, who specializes only in court work. CHS activists exhaust every remedy available to them, using quasi-judicial forums and administrative forums, rather than taking the matter straight to courts where it usually gets stuck for years.





WHY DISPUTES ARISE WITH MANAGING COMMITTEE



Both CHS members and Managing Committee (MC) members are usually ignorant of the proper methods. However, the burden of blame lies more on the MC as they have offered themselves to be elected on the MC and have volunteered to work for the betterment of the society and its day-to-day working.



It is their duty to study MCS Bye Laws, MCS Act, 1960 and MCS Rules, 1961 and function accordingly. It is also their duty to educate the members about the applicable laws and rules. When they do not do so, they start working in an autocratic fashion. They behave like landlords, and sometimes like white collared goondas.



True, society Members in general are not bothered about the laws. They ignore their rights, although they have every right to seek information and copies of documents from MC U/s.32 (1) & (2) of MCS Act, 1960. The solution to this problem lies in managing committee members inviting the aggrieved members, showing them the documents as well as relevant laws and rules, and explaining the solutions to problems as per the provision in law.



Unfortunately, MC Members egotistically feel that members have no right to question their working. Rather than using a reasoned and democratic approach, they use unfair methods e.g. not accepting the members’ correspondence, not replying to their letters, issuing notices to intimidate and cow down the family members, issuing instructions to the building watchman to harass their opponent’s family members and visitors, etc. Some MCs stop sending maintenance bills to opponents and later on declare him/her a defaulter. Other start proceedings to try and get opponents expelled.



THE SHEEPISH BEHAVIOR OF A MAJORITY OF CHS MEMBERS isolates the minority who asks questions and stand for their rights. About 80% CHS members neither know nor care what is going on, as long as they get their water and electricity. Even the small numbers of persons who attend meetings do not stand up and speak their mind. They sign any paper that is circulated. So, committees collect attendence signatures from members after the meetings, even if they have not attended the meeting.



THREE MOST COMMON CAUSES OF DISPUTES



• Proposed redevelopment of societies is a widespread cause of disputes between managing committees. Many MCs enter into collusion and underhand dealings with builders and redevelopers, who engage in underhand dealings with individual MC members. Builders and MCs misrepresent matters before the society residents, deny them their fundamental rights, create disputes on petty matters and file false complaints against persons opposing redevelopment.

• Even in the day-to-day functioning of societies, fights on parking issues, leakage in flats and repairs are common problems. As the walls, ceilings and floors of flats are shared, such disputes arise, and they must be amicably resolved. However, the uncooperative, unreasonable and uncaring attitude of some members and the highhandedness by MC members complicates these problems.

• Disputes over issues like irritation caused by children playing in the compounds and making noise, or by the presence of pets, is another major problem.



Due to loss of temper, SIMPLE DISPUTES BETWEEN PRIVATE PARTIES GET MAGNIFIED INTO CRIMINAL COMPLAINTS OR MAJOR ISSUES involving cooperative laws, property laws etc.



WHY PEOPLE HANKER AFTER POWER IN SOME SOCIETIES



Quite often, it is difficult to find a member to work in the managing committee. MC Members are requested or rather socially forced to form a Committee. But in many societies nowadays, people quarrel to get into the Committee. In recent decades, the MCs of societies with hundreds of flats, large compounds, club house and other amenities are handling very large funds of lakhs and crores of rupees. So is scope for corruption and earning illegitimate incomes by unduly favouring builders or contractors in the bidding process for major repairs, repainting or redevelopment.



WHY BEING ON MANAGING COMMITTEE IS A THANKLESS JOB



It is true that managing committee members are rendering voluntary service, but this is not appreciated by the uncooperative people. Most CHS members don’t bother to ask questions, or they hesitate to ask questions. However, the other side of the coin is that when residents start questioning the MC members and try to hold them accountable, they act in a rude and non-transparent manner. They retaliate by ridiculing those who dare to question them, and use the herd mentality of the majority to isolate people who ask questions. The offices of every Assistant Registrar or Deputy Registrar (AR/DR) of Cooperatives are clogged with cases that have cropped up due to egotism and unwillingness to accept one’s own mistakes.



HOW TO GET GRIEVANCE REDRESSAL WHEN DISPUTES ARISE



When a member is not finding grievance redressal or justice from the managing committee, he sees the office of Assist Registrar or Cooperatives Registrar (AR/DR) as his saviors. He can also approach the Federation of Cooperative Societies, the Cooperative Court, the office of the Cooperatives Commissioner, and the consumer court. Most people approach the AR/DR first. The process of grievance-redressal begins at the AR/DR, and can include any or all the above-named authorities. It can also include the Minister of Cooperative Societies.



The MC however considers it as “harassment” when an aggrieved member seeks justice from any of these forums. MC members live under the mistaken notion that the General Body is the supreme body for resolving all grievances.



HOW THE GRIEVANCE REDRESSAL MECHANISM SHOULD BE IMPROVED



Ideally, a clear order should emerge within 45 at DR’s level or within next 45 days at DDR’s level or within next 60 days at the DJR’s level or within next 60 days at Commissioner for CHS level. Total days: 45+45+60+60 = 210 days. However, interacting with complainants at the above offices shows that this system is not effective and timely. Even the orders by Housing Adalats are challenged in the courts, and cases drag on for years afterwards.



Ideally, there should be a single window clearance for the disputes system. If the Managing Committees are found guilty of misusing the powers, there should provision for imprisoning them. Otherwise, members of MC are able to use a variety of methods for mentally torturing the CHS members and violating their fundamental rights.





WHY CHS CANNOT RUN ON CONSENSUS LIKE ‘ONE BIG FAMILY’



Many people feel that a cooperative housing society should run through consensus, like a big happy joint family. This is unrealistic. There are crucial differences between the family structure and the structure of cooperative societies:

(i) There is no legal requirement for decisions of families to be documented and supported with paperwork. However, even routine decisions of the cooperative society must be documented and signed by a responsible person.

(ii) Family decisions are arrived at in arbitrary or authoritarian ways. However, in cooperative societies, it is necessary to arrive at every decision, without exception, through democratic processes, meetings etc., for which proper agenda and minutes must be maintained. All decisions must be made in strict accordance with laws, rules and procedures. Dispute resolution also has to be done ‘by the book’. There is no other way in the long run.

(iii) The routine expenditures of family members are rarely written down. In cooperative societies, however, records must be kept for every expenditure, large or small, and these have to be produced on demand.



HOW SAHAKARSUTRA HELPS BY GUIDING CHS MEMBERS



Often, the managing committee members win battles against ordinary CHS members as the latter lacks documents, knowledge, time and money. The MC spends from the society’s (i.e. members’) funds for legal defense, but the ordinary member has to spend from his own pocket.



Our online BLOG/ FB forum supports aggrieved members by equipping them with knowledge of their rights under various laws. We, at SAHAKARSUTRA, are constantly GUIDING members through this online forum. Membership is free.



We invite you all to join hands with us in our quest to build more and more CHS activists.



Regards,



Dayanand Nene



Comments

  1. hi Sir, my self a Doctor has purchased a flat in a co operative society in Aug 2013 only after society committee issued the NOC. Now Society committee is not ready to accept my document for a membership just because they are worried that if I became a member then I can asked them a lot of questions in the society meeting regarding unnecessary expenses and redevelopment issues. Actually the present society committee is illegal. they have forcefully demanded the resignation from the previous committee and taken over the post with out elections. the present secretory is a defaulter that time, chairmen stay in other society, treasurer stay as a guardian in a society dose not owns a flat. out of 5 members in committee 3 dose not stay in the society. I have suffered a lot since I decided to bye a flat in the society. the committee has every time made me beg for the require documents for a loan. I started the procedure to purchase a flat in May 2013 and completed all the formalities of payment in Nov 2013.
    noe my advocate has suugested to make a appeal in court for not giving a membership as 3 attempts made by us therough registered AD has failed. the committee has return me the document saying they wont be accepting me as a member because my behaviour with socisity is not good.
    my questions are-
    how long it will take through court to get the membership.
    is it smooth procedure or time consuming, I need to attend multiple time in a court.
    how much expences will it take.
    Can I file a Case for harassment and compensation on society committee.
    since a have purchased a flat not a single letter they have given us regarding proceedings for redevelopment. they have decided PMC and a Builder already.

    ReplyDelete
  2. How to join and from where we can get the info you r mentioning

    ReplyDelete
  3. i ve purchased a flat in CHS at Feb.2014. But Society demanded Rs.35000/- from me for membership. I m First purchaser of this flat. they demanded illegal money and deny to accept my application of membership without reason. This Too much mental harassment for me. Bcoz I want Share certificate for submitting to Bank. So guide me for further action.

    ReplyDelete
  4. Sir,
    We good-informative article;since i am based at Gujarat-Ahmedabad and hence how i can get information on Gujarat Cooperative Societies Act and other related information for which can helpful for Co Operative Housing Society Member.Awaiting for your positive response.

    ReplyDelete
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    ReplyDelete
  6. i live in 8 floor building ,i live in 5th floor the floor above me 6th floor ,has flooring problem continous walking , jumping , moving of furniture noise in very abnormal ways , i requested them many times also told in written to commitee member but both of them i.e flat owner and commitee are not taking my matter ,the person harressing us is managing commitee treasurer ,he abuse us ,and says he will beat me and surrender to police, trying to afraid me or threaten me what should i do

    ReplyDelete
  7. 1) I am secretary of my cooperative housing society. Our Chairman has sold his flat and has purchased a new flat in same society in another wing and waiting for possession since that is under construction. The new building is also under our cooperative housing society. My query is whether he is allowed to be chairman or he has to resign. The majority is in support of him.

    2) If he resigns whether the remaining member should elect their chairman or we have to add a new member and then go for chairman election?

    ReplyDelete
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    ReplyDelete
  9. we aren't use lift , Why pay maintenance of lift ?
    Radheshyam Patel
    Ambawadi, Ahmedabad
    Ph. 92274 51369
    princegalaxi@yahoo.co.in

    we pay maintenance from last 5 year, but we do not use Lift any one day. our apartment 5 floor,
    we live 1st floor, total member 10, but stay only 6 with us. now maintenance Rs. 2000 . electric
    bill very much. yearly service contract of lift is high. we know lift do not use, but we pay lift charge.
    this is wrong. what is solution & law ?

    ReplyDelete
  10. A group of members from the committee decided to carry out external repairs in my building.
    They later sent a high bill which I did not agree to pay.
    Now they have approached the society. The society has sent me the same amount bill as repair charges.
    What can I do about this.

    ReplyDelete
  11. Subject: Violations Of DC Rules and Violation of fungible FSI Sold by the illegal Managing committee and the Project Management Consultants without seeking any permission from the AGM and sealing 430 sqmtrs with illegal sold .70 fungible FSI by cheating fraud malpractice by the illegal mc and M/s.Patel engineering ltd .

    ReplyDelete
  12. SUBJECT: SHOCKING SHOCKING SHOCKING
    Reference: -Redevelopment Project Land Garbing Scam Refinery View Chs Ltd, 62/63, Maroli Church. Road, Chembur, Mumbai-400074.India.

    Respected Sirji,
    We hope you will be SHOCKED by reading the following details :
    More than 3 & half years have past there is absolutely no progress.
    1) Developers: Blacklisted by Supreme Court / BMC/ National High Authority , Patel Eng Ltd.
    2) Advocate for the illegal Managing Committee: Niranjan Jagtap & Co.
    3) PMC : Mr.Nitin Naik Right Project Management Consultants Pvt Ltd.
    4) Architect: Till date no Architect has been appointed.
    5) The 7 Members Managing Committee: Has been declared as an illegal M.C U/s. 129 MSC Act 1960 by Dy.Registrar M Ward, Konakn Bhavan & Addl Registrar Pune. From 01.05.2012.
    6) Plot Area: -
    A) As stated in the Tainted and Doctored and Tempered Development Agreement signed on 10.07.2012 , Plot Area: 4425 Sqmtrs.
    B) In the Second Approval, plan dt: 18.04.2014 the plot area is mentioned has 3792.11Sqmtrs.
    SHOCKINGLY you will notice that 633Sqmtrs of the society plot is either missing or siphoned or stolen.
    Enclosed find copies.
    7) Total Flat Area : in the Shree Ganesh Surveyors report dated 05.02.2008 is 45062.80sqft.
    In the Second Plan dated 18.01.2014 the total approved flat area is 42660Sqft
    SHOCKINGLY the difference is 2402.80 Sqft
    8) Violation of Section 79 (A) MSC Act 1960.
    9) There is no benefit of 0.35% OF FREE FUNGIBLE FSI AREA as per DCR 2012 that is available to existing flat owner s on their occupied area.
    This Free Fungible FSi area is either missing or siphoned or stolen.
    10) Majority of the members made to sign destructive and ruinous INDEMNITY BOND .only the aggrieved members have not signed .
    No Flat area is mentioned in the indemnity bond.
    Enclosed find copy of indemnity bond .
    11) The Secretary’s Flat no: F1 area as per Shree Ganesh Surveyors report is 419.338 Sqft .
    The flat area as per the Development Agreement is 480 Sqft.
    You will notice and increase 60.612 Sqft .
    Enclosed find the copy of Sent to Dy registrar M ward dated 28.07.2012.
    12) The total number of flats in the society has mentioned in the tender documents are 77 & 2 Shops are mentioned.
    The total numbers of society in the Development Agreement are 79.
    The total numbers of flats in the plan are 81.
    AN SUDDEN SURPRISE INCREASE ?.
    13) Building E :As mentioned in the Shree Ganesh Surveyors report dated: 05.02.2008 is TOTALLY MISSING .
    14) The illegal Managing Committee has given the developers irrevocable license & irrevocable Power of attorney & and irrevocable of power of attorney for all times to come and general power of attorney and specific power of attorney .
    15) The Total area available to Society members as per the Tainted and Doctored and Altered Development Agreement is 53325 Sqft .
    The total area avialbale to society members as per the plan approved dt : 18.1.2014 is
    55950 Sqft.
    Shocking the area in the approved plan dt: 18.01.2014 is increased by 2625 sqft.
    SHOCKINGLY the area as approved and accepted in the Tender documents 23.02.2011 finds NO MENTION in the area as mention in the DA dated 10.07.2012 .
    And the area has mentioned in the DA finds no mention in the approved plan dated:18.01.2014.
    Enclosed find the Plan copy & DA copy
    Shockingly the plot area is reduced by 633 Sqmtrs = 6813 Sqft .
    The numbers of flats have increased .
    The total available area is increased by 2402.80Sqft
    Respected sir, your investigations will confirm the truth and protect us from the NEXUS of this SCAMSTERS .
    Thanking you,
    Regards
    (Shiv Shankar Damani)

    ReplyDelete
  13. Financial Fraud and Land Grabbing Scam in the Redevelopment Project by Supreme Court and BMC /National Highway Authority India Blacklisted Company Patel Eng. Ltd. and illegal functioning 7 Members Managing Committee of Refinery View CHS Ltd. 62/63 Maroli Church Road, Chembur, Mumbai - 400074

    ReplyDelete
  14. I need your help for Redevelopment project scam by illegal Managing Committee & Black listed company Patel engineering Ltd from BMC/NHAI and Supreme court. More than 3 & half Years No Action has been Taken any Govt dept & Competent Authority against illegal Managing Committee & Builders of Redevelopment Project Scam of Refinery View CHS Ltd, Plot no 62/63,Maroli Church R C Marg,Chembur,Mumbai-400074.

    Respected Sirji,
    We have lodged complaints with Honorable President of India/ Vice President of India & Chief Minister of Maharashtra / Chief Secretary Co-operation Rajgopal Devara / Chief Secretary Maharashtra Government /Principal Secretary Urban Development Maharashtra/ Urban Development III, Urban department NAV 21 &Dy Registrar-M-Ward Konkan Bhavan, CBD,Bealpur,Navi Mumbai /Addl Regsitrar Dr.Khandagale, Co-op Societies Pune,/ BMC Commissioner / Chief Engineer Development Planning -BMC/. Dy Executive Engineer Building proposal M-ward,& Mumbai Police Commissioner & Various other Government Authorities

    More than 3 & Half Years no action has been taken by any Government Department & Competent Authority against the illegalities and violations of State Laws /Co-op Laws /BMC notification and directives committed by the illegal Managing Committee .The committee has been declared as illegal from 1.05.2012 by the Dy registrar M-Ward &Addl Registrar Dr P K Khandagale- Pune ,Co-op Societies

    The State Governments have framed Rules and Regulations and have issued guidelines and procedures that have to be sincerely followed In the process of Redevelopment project.
    State Laws and Cooperative Laws and BMC Notification and Directives has to be followed in True spirit.
    In the Redevelopment Project of Refinery View Chs Ltd 62/63, Maroli Church Road,Chembur,Mumbai-400074.
    All the state Laws and Co-operatives Laws and BMC Notification and Directives / Govt order copy & Honorable President / National Human Rights Letter have been thrown to DUSTBIN by the present 7 members illegal Managing committee & Blacklisted Builders
    The present 7 members Managing Committee is Caretaker MC from 09.6.2013.
    The 5 year term of this Managing Committee Expired 08.6.2013.
    Till date No Election in the Society has been conducted.

    There is State Government guidelines on the functioning of such MC whereby such MC cannot proceed on Redevelopment issue.
    The present Managing Committee is an illegal Managing Committee officially declared as having violated sec 129 of MSC Act 1960 by Dy registrar M -Ward Konkan Bhavan and Addl Registrar Dr. P .Khandagale Pune from 01.5.2012.
    This Managing Committee does not believe in honoring the Registrar order.
    The present illegal Managing Committee signed and registered tainted and doctored and altered development Agreement on redevelopment on 10.7.2012
    The present illegal Managing Committee has totally violated the terms and conditions of the signed and accepted tender documents of Supreme Court of India Blacklisted company Patel Eng ltd .
    The present illegal Managing Committee has got approved the ruinous and destructive society plan on 18.01.2014 at Chembur Gymkhana.

    ReplyDelete
  15. Hello,
    Dispute resolution can also take place on-line or by using technology in certain cases. Online dispute resolution, a growing field of dispute resolution, uses new technologies to solve disputes. Online Dispute Resolution is also called "ODR".probate lawyers

    ReplyDelete
  16. Me and my mother live in a housing society in Thane. Society secretary and his sons are constantly harassing us by parking haphazardly their two 2-wheelers in front space of our house on ground floor. They have entirely encroached the space and not allowing us to keep a bench when there is ample space to do so. Secretary's son pushes the bench with his bike every time I have tried to keep it. Please help

    ReplyDelete
  17. want to form Co-operative housing society.
    file application at DDR Pune.
    DDR Pune denyes registration as Building plan is approved by Grampanchyat.
    As per recent Govt of Maharashtra policy grampanchyat can also appoves plans.
    what solutions is available.

    ReplyDelete
  18. sir, last year I bought a flat in a co-op. scty in vile parle at top floor in my wife's name with the stilt parking in resale, when we shifted then I noticed that they made flower bed in front my parking & also on turn to enter to my parking they allotted two parking on top of water tank illegally to other members by taking handsome amount, when I object that I am facing problem on turning & to take out my car from my parking the became deaf. my repeated attempt to talk to them & in writing but they are not bothering. instead of solving this issue they started to harass us. they put lot of hindrance in front of my car & when I remove them then they falsely alleged me that I damage the society property & fined Rs.5000/- for this. when I strongly object for this & ask them to provide me all the details but they refuse & said it is unanimously decision taken by the MC. since we are on top floor now they allowed some of co-members to put there ac's split unit in duct line area just above my flat & due to this we are having problems, we are facing scorching heat due to this when we ask them to remove or divert the same but they ignored. I don't know what to do ? should I file criminal complaint against them for this ? MC members are very arrogant & not listening do the thing there own. our scty is facing serious cleanliness issues every where in our premises is very dirty, the gutters are overflown all the time but they keep mum on all this issue. My serious concern for health, I wanted to know is this allowed or permissible to park the cars or other vehicle on top to water tanks ? pls suggest what I do or suggest me the good lawyer.

    ReplyDelete
  19. Well information given about Real Estate Ahmedabad, where you can choose affordable residential flats for sale in peaceful and pollution free surrounding of Ahmedabad location.
    Independent Houses for Sale in Science City

    ReplyDelete

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