When members of a cooperative housing society (CHS/Society) face challenges like inconsistent services or disputes with the managing committee, it is essential to know what legal options are available. In this week's column, I will address some commonly faced issues by the Society members, beginning with a query about infrequent water supply.
I will also tackle a query regarding conducting tuition classes in a residential flat. Some members fear that conducting private tuition classes could be viewed as a commercial activity and may lead to objections from the managing committee. I will explain what the law says about this matter and how you can ensure that your rights as a home-owner are protected, provided the activity does not cause a nuisance.
Infrequent Water Supply in Housing Society
Question: In our Society, water supply is not provided in a timely manner as I often run out of water. I am paying the Society maintenance and all other charges on time but am still not getting a water supply. When I complained to the managing committee, they explained that the water pump did not have the ability to fill the tank properly. However, I do not trust this explanation. Please guide me on how to address this problem.
Answer: Under bye-law no. 174(B)(viii), kindly file a complaint against the Society to the cooperative court. You can use an experienced advocate's help to present and argue your case in the cooperative court. You may also choose to take up the matter in a consumer court with the assistance of a good lawyer. The chances of a faster resolution are higher in a consumer court.
Conducting Tuition Classes in Housing Society
Question: I am the owner of a residential flat in a housing society. My wife conducts tuition classes for about three to four children in our flat. These children do not reside in our Society. Can this be termed a commercial activity and will the managing committee take any action against us?
Answer: Taking tuition classes in a residential flat is not a commercial activity, as termed by the BrihanMumbai Municipal Corporation (BMC) and the government of Maharashtra. However, this is subject to the fact that the crowd of students who attend such classes does not make noise or cause any nuisance around the Society's building or in the common areas.
Under bye-law no. 174(A)(xxii), you can make a complaint to the deputy registrar of cooperative societies against the Society, if any member of the managing committee objects to your wife conducting tuition classes for the children who do not reside in your building.
Even if they use the Society's lift to reach your flat, you can offer to pay some nominal monthly charges to the Society as electricity charges for additional use of the Society's lift.
Request for CCTV Footage of AGM
Question: A few resolutions were passed in the annual general meeting (AGM), while some non-members were present. When I wrote a letter to the Society seeking CCTV records, the managing committee denied giving me the records. How can the members get CCTV records? We are paying regular maintenance. Can the committee levy advocate fees on members, if they approach the deputy registrar to resolve such queries?
Answer: You can get CCTV footage of your AGM from the managing committee (MC). When you file a complaint against your committee members to the deputy registrar (DR), they will direct the MC to provide you with the CCTV recording on a CD or pen drive. You may have to bear the cost of the CD or the pen drive.
If the MC wants to appoint a lawyer for the Society's matter, then it must give notice to the member by giving reasons for making such an appointment. The fees for the lawyer are equally shared by all members and not by the member against whom they have been appointed.
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.)
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
Alternatively, if you're located in Mumbai you can seek an appointment to consult Mr Shirish Shanbhag, who provides counseling on most Wednesdays at out office in Prabhadevi.