Navigating the legalities and technicalities within cooperative housing societies (CHS/Society) can be complex, especially when facing issues such as the disqualification of committee members, redevelopment of older buildings, or persistent structural problems like leakage. Many members are not sure of how to proceed when bye-laws come into question, redevelopment projects seem imminent or repeated repair issues go unaddressed by their Society's managing committee. This week, we address some of the most pressing concerns from members grappling with these situations.
In one case, we explore the rules for committee member attendance, where absences could lead to disqualification if specific bye-law conditions are not met. Another member seeks guidance on self-redevelopment options and the implications of converting leasehold land to freehold. Finally, we discuss a long-standing case of water leakage within a condominium, where the resident faces significant health and financial stress due to insufficient committee action.
Disqualifying Committee Members for Absence in Meetings
Question: Bye-law 119(a)(ii) states that a committee member who fails to attend three consecutive monthly committee meetings without formal leave of absence ceases to be a member. Could you clarify if this means three monthly meetings (such as one meeting each in September, October and November)? Alternatively, would a member be disqualified if they missed three consecutive meetings regardless of the month? For instance, if two meetings were held in October and one in November and the member was absent for all three, would this result in disqualification, or does the bye-law strictly require absences over three separate months?
Answer: To clarify, the bye-laws accepted and approved by your Society, as amended up to December 2019, specify in bye-law 119(a)(ii) that a member ceases to hold their committee position after missing three consecutive meetings without prior leave. This requirement applies to three consecutive meetings, regardless of whether they occur within the same or different months. The bye-law do not limit absences to one meeting per month but rather emphasise continuous absence over three meetings. Therefore, missing three back-to-back meetings without leave, even within a shorter time frame, would result in disqualification.
Redevelopment of Building Constructed on MHADA Leasehold Land
Question: Our Society is a 27-year-old building constructed by current residents on MHADA leasehold land, part of a World Bank project at Gorai in Borivali, Mumbai. Some members believe redevelopment should wait until after 30 years, per general norms, while others want to proceed sooner. Could you advise on the benefits of self-redevelopment after 30 years as per MHADA guidelines? Also, what additional benefits might there be if we convert the leasehold to freehold by paying a conversion fee? The building is currently stable, with major repairs completed two years ago.
Answer: With the information provided, it would be premature to offer any specific guidance. It is also unclear in what capacity you are presenting these concerns - as a resident, tenant or managing committee member. The decision to redevelop, either immediately or after the 30-year mark, rests with the managing committee in alignment with the guidelines set by the Maharashtra government. Additionally, no policy currently exists for converting MHADA leasehold properties to freehold. Any future developments or announcements by MHADA or the government will clarify if conversion becomes possible.
Persistent Leakage from Neighbouring Flat in a Condominium
Question: I live in a condominium and have been dealing with leakage issues from the floor above (the owner has been a defaulter for the past 20 years), as well as from the building's exterior and rainwater pipes, for over 30 years. The committee members have made the situation difficult for me, impacting my physical, mental and financial well-being. Recently, they only did superficial patchwork repairs without a proper investigation and are prioritising updates to the gym and gate over essential structural repairs. I need guidance on my legal options and would like help finding a lawyer, but I am not sure where to start.
Answer: To provide guidance, it would be helpful to have additional details. You mentioned living in a condominium but referred to it as a Society. To clarify its legal structure, could you check if there is a registration certificate for the condominium? Additionally, sharing your location and any correspondence exchanged with the committee would help us offer specific advice. Once we have more context, we can better assist in recommending legal options or pointing you toward appropriate resources.
Alternately, you can call Moneylife Foundation on their landline numbers - (022) 35131664 or (022) 35036925 and take an appointment to consult an expert in person. This consultation is offered fortnightly at their office in Prabhadevi and is free of cost. Please ensure that you carry relevant documents to the appointment, as it would not be possible to offer complete advice otherwise.
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.)
