A cooperative housing society (CHS/Society) is, at its core, a collective of individuals who pool resources to live harmoniously while maintaining their shared premises. When the actions of a resident disturb this harmony or create problems, it falls on the Society's managing committee to step in and resolve the issue, ensuring the community's well-being is preserved.
While there may be no legal prohibition against feeding birds or animals within a housing society, residents must ensure that such activities do not become a source of inconvenience to others. Some may install bird feeders or meal trays on their balconies, but it must be discontinued if this creates a nuisance or hygiene concerns for other residents. In such cases, affected members can raise the issue with the managing committee and, if necessary, escalate the matter to the local municipal corporation's ward officer.
In March 2019, even the Supreme Court opinioned that a person cannot feed birds from a flat balcony, creating a nuisance due to droppings and filth for other occupants in a residential society.
This week, I will address one such issue and also look at CHS bye-laws for parking and the charges for accessing CCTV footage in a housing society.
Bird Feeding Nuisance by Flat-owners in Society
Question: A woman in our Society feeds crows and pigeons from both sides of her balcony on the first floor. This goes on throughout the day. As I live on the ground floor, my car is parked directly below her balcony, and all the waste and bird droppings from the crows accumulate in my car daily.
I have written a complaint along with my other neighbour to the managing committee and they have addressed the issue by calling her to the office and writing a letter. However, this has had no effect on the lady as she has continued her activities. Please advise on a way to resolve this issue.
Answer: As a complaint to the managing committee of your Society has not helped, it would now be advisable to make a complaint to the local assistant municipal commissioner (or ward officer). If such a concerned officer does not take action against the erring member of your Society, you may then file a Lokshahi din complaint (LDC) against said officer to the zonal deputy municipal commissioner (ZDMC). This officer will take a hearing of your LDC in his or her office and order the ward officer to act accordingly.
Adopting Bye-laws for Parking in Housing Society
Question: As per bye-law 78(a), the general body meeting (GBM) should frame and draft parking rules. Assuming our Society has multiple two-wheelers and four-wheelers of both members and tenants and also needs to keep some space for guest parking, I request you to please guide us on how parking rules should be framed for our Society.
Answer: Parking of the vehicles is managed by bye-laws 78 to 84. If the available parking spots are insufficient to cater to the needs of all residents with either two or four-wheeler vehicles, then each flat should be allotted only one parking spot.
Likewise, priority for allotment of parking should be given to owners, followed by tenants only if parking space is available. When tenants are allotted parking space, they are typically charged separately and additionally. If the Society has additional space available within its premises, then it should be used for parking if needed. Essentially, parking should be allotted as per the demand and space available within the Society.
If the Society is not following the bye-laws to allot the parking, then under the bye-law no. 174(b)(iv), please make a complaint against the Society to the cooperative court.
Society Charges Separately for CCTV Footage
Question: Can the Society charge for CCTV footage to its members?
Answer: CCTV in a CHS is installed for the security of the residents of the Society. Its maintenance is to be equally shared by all the residents (flats and shops) in the Society. However, individual members should not be charged separately for access to CCTV footage.
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
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