Many issues in a cooperative housing society (CHS/the Society) arise from misunderstandings about legal procedures, structural responsibilities and residents’ rights. This week’s queries cover three such practical and often contentious matters — merging flats without prior municipal approval, handling ceiling damage caused by structural deterioration and dealing with parking arrangements that obstruct air and light for ground-floor residents.
Each situation highlights the importance of following proper processes under the model bye-laws and approaching the right authorities when the managing committee fails to act.
Regularising Merged Flats without Prior BMC Approval
Question: I have merged two adjacent flats by removing the common wall between them. Both flats are registered separately and have their respective share certificates from the Society. I am the sole owner of both. While removing the common wall, I did not take any legal approvals from authorities such as the BrihanMumbai Municipal Corporation (BMC) or RERA. Now there is a discrepancy between the BMC-approved plan and the modifications made in my flat. Can you suggest the best solution and approach to regularise this with the required authorities?
Answer: Kindly hire the services of a BMC-approved architect and get your two flats shown as one flat in the BMC plan of your Society’s building maintained with the building proposal department of the BMC. Based on this updated plan, your BMC ward office will revise your property tax assessment for one larger flat instead of two smaller ones.
With the same plan, your Society can cancel one of the two share certificates and issue a single share certificate for the larger flat. Thereafter, the Society will charge you maintenance for one flat instead of two. This will officially regularise the conversion of your two smaller flats into one larger flat in your Society’s records.
Responsibility for Ceiling Damage Caused by Structural Deterioration
Question: Considerable plaster has fallen from the ceiling of a flat in an old building. The reason for the plaster fall appears to be rusted iron rods in the ceiling. Since this is a structural failure, should the Society bear the cost of the repairs? What steps should be taken if the Society is reluctant to look into the repairs, claiming it to be internal work to be carried out by the flat-owner and citing non-availability of funds?
Answer: The Society should get a structural audit of the building done by a structural engineer recognised by the local municipal authority, as required under bye-law no. 76. Based on the findings of the structural audit report, repair work for the Society’s building should be carried out as per bye-laws 65 to 68 and 159. Depending on the audit’s determination, either the Society or individual members will be responsible for carrying out the necessary repairs to individual flats and the building’s structure.
Parking Obstructing Air and Light to Ground-floor Flat
Question: I live in a CHS in Mumbai on the ground floor. Cars and jeeps are parked just outside our window which creates multiple problems for my family. Larger vehicles block ventilation. When vehicles are parked or taken out, the fumes released create a health hazard. Additionally, when the vehicles are left in the parking spot, sunlight reflecting off their rear windows causes a bright glare inside our house. The spot has been allocated by the Society and despite my written objection stating these issues, no action has been taken. Kindly advise me on my rights.
Answer: Give a written notice to your Society asking it to remove and relocate the vehicles that block air and light to your flat within 15 days of receiving your notice. In your notice, state that if the Society fails to act within 15 days, you will take up the matter in the cooperative court under bye-law no. 174(B)(iv).
If the CHS does not comply within the given time, you may file a complaint with the cooperative court, enclosing a copy of your notice to the Society. Since the matter is not complicated, you will not require the services of an advocate to represent your case in the cooperative court.
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.)
