Living in a cooperative housing society (CHS/the Society) often comes with its own set of unique challenges, ranging from managing common spaces and shared facilities to navigating election rules and disputes over parking. While Society bye-laws provide a strong framework for resolving such issues, many members remain unaware of their rights and the proper procedures to enforce them.
This week, I will address pressing concerns raised by residents about encroachments by shop-owners, eligibility for contesting CHS elections and the fair allocation of charges for stack parking systems. These situations highlight the importance of collective responsibility, legal awareness and consistent enforcement of bye-laws to ensure harmony and fairness within a residential community.
Encroachment by Shops and the Penalty To Be Levied for the Same
Question: In our building, there are two shops on the ground floor. The shop-owners are using the space outside their shops, where there are steps. The shop-owners claim that the shop plus the otla is not part of the Society’s common area. The space is being used for seating and advertising. The steps lead directly to the road. Residential access to the building is from another area. The Society feels this is an encroachment and wants to charge five times the maintenance as per bye-law 169(a). We, as the Society, would like to charge the shop-owners for encroachment and restrict usage of the area. Is this legally possible? What steps and processes must we follow to ensure that shops cannot use that area?
Answer: Just like other members of the CHS use the flat area they bought and not the passage or other common areas for any personal usage, the shop-owners must also use only the area they have bought as a shop. The space outside shops is part of the common area and thus cannot be used for personal purposes or encroached upon by shop-owners. After giving a notice to the shop-owners to vacate the encroachment on Society land, the Society can proceed under bye-laws 165(a) and 169(a). The Society can levy the following charges:
1. A fine of Rs5,000 per year for violation of Society bye-laws, under bye-law 169(a), for encroaching on the Society land.
2. An additional penalty of five times the monthly maintenance amount from the date of encroachment, also under bye-law 169(a).
For example, if the shop encroached on the Society land in May 2016 and the society issues a notice in May 2205, it can impose:
1. A fine of Rs5,000 x 19 years = Rs95,000, and
2. Five times the monthly maintenance amount, calculated from May 2016 onwards.
In the notice to the shop, the Society should state that if the fine is not paid within 30 days, interest at 21% simple interest per annum will be levied on the outstanding amount from May 2016 until the fine is fully paid. The fine will continue to accrue until the encroachment on Society’s open land is removed.
If the shop fails to remove the encroachment and does not pay the fine, the Society can take the matter to the cooperative court under bye-law no174(B)(x), by hiring the services of an experienced lawyer.
Contesting Elections as A Non-member
Question: I own a flat in my name as the first applicant, with my mother's name included in the sale deed as the second applicant. I do not live in India. Can my mother provide a no objection certificate (NOC) to the Society allowing my elder brother to contest in the executive committee elections? Is he eligible?
Answer: No. Only the first-named person in the Society’s membership can authorise a relative to become an ‘associate member’ by filling out the form given in Appendix-5. The associate member can then be authorised to vote and contest elections by submitting the form in Appendix-10A.
Ask your brother to send you two copies each of Appendix-5 and Appendix-10A by airmail. You must sign these forms and send them back to your brother, who must also sign them and submit them to the Society along with a one-time associate membership fee of Rs100 by crossed cheque in the name of the Society.
Your mother, who is the second-named joint member, cannot sign these forms.
Sharing Charges and Maintenance for Stack Parking
Question: Our Society has a stack parking with two levels—upper and lower—for some members, while others have individual parking. I have been allotted the upper stack parking. Who should bear the operation and maintenance charges of the stack/mechanical system? Members with lower-level or individual parking are refusing to share these charges. The Society also wants to engage a driver to move cars from the upper and lower stack levels, but members are not agreeing to share this cost either. It becomes very difficult to take out my car in an emergency unless the owner of the lower stack moves their vehicle, especially at night or when they are unavailable. Please advise what I should do and what the bye-laws say.
Answer: In a Society with stack parking, the Society should charge equal parking fees from all stack parking slots—whether upper or lower. Stack parking charges for the equipment, the electricity consumed by the stack system (particularly for the upper level), and the cost of 24x7 driver support (i.e., two drivers working 12-hour shifts) should be equally shared by all stack parking users—both upper and lower.
You should write to your Society requesting that electricity charges and the 24x7 driver’s salary be shared equally by all who use the stacked parking system. If the Society does not follow this, then under bye-law no. 174(B)(iv), you can file a complaint against the Society in the cooperative court. For this, you should hire the services of an experienced lawyer to handle the parking-related dispute.
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.)
1. Is encroachment penalty to be added in Maint bill or a separate Bill is to be issued?
2. If added in Maint Bill, the penalty amount is liable for GST or not?
Kindly advice
Wats solution
Navjivan society Lamington road mumbai
Navjivan Commercial premises Lamington road mumbai
??????? - ??????? ??????? ?????? ???, ??? 87 + ???? , widow , ???? ?? ??? ??? ?????? ??????, ??? ????? - 9013329595 .
??????? ??,
19-05-2025
???? ??, ?????? ?????? ???? ??????, ?????? ?????, ?????? ????????, ??????????, ?????? ?? ?????? ??????????? ?????? ????? ??????? ???? ?????? ??, ???????? ????? ?????? ?? ?????? ( Minister of Co-operatives Department GNCTD ) ???? ???????? ???? (????????) , ?????? ???????? ?????? ??? ?????? ???????? ?? ?????? ???? ??????? ?????? ??? ?????? ???????? ?? ??? ?????? 70 ???????? ?? ???????? -- ?????? ??? ?????? -
??? ?? 87 + ???? ?? widow ??? ??? ??? ?????? ?????? ( Super senior citizen of India ) ????? ????? ??? l ??? ?????? ????? ?? ???????? ????? ( O/o Ragistrar of Co-operative Societies of GNCTD , Parliament Street ) ??? Administrator (S) of Shivaji CGHS Appartment, Sector -14 of Rohini Delhi ?? ??? ?? ???? ?????? ??? ?? ???? ?? ??? ?? ????? ???? 54 + ??? ?? ???? ???? ??? ?? ?????? ???? ??? (Fully paidup) ???? ????? ?? ????? ??? l
?? ???? ?? ???? ?? ?? ?????? ????? ?????? A-10/2 ?? ???????? ?? ????? ???? ?? ?? ??? ???????? ?? ?????? ???? ???? ??? ???
????? ?????? ?????? ???? ??????, ?????? ?? ???????????, ???????? ????? ?????? ?? ?????? ( Minister of Co-operatives Department GNCTD ) ???? ???????? ???? (????????) , ?????? ???????? ?????? ??? ?????? ???????? ?? ?????? ???? ??????? ?????? ??? ?????? ???????? ?? ??? ?????? 70 ???????? ?? ???? ??? ??????? ?? ???? ????? ?? ????? ???? ?? ?? ???? ???-?????? ???? ???? ??? ?? l
????? ???? ??? - ?????? ?????? ????? ?? ?? ???????? ?? ???? ??? ????????? ?? ?????? ?? ?????? ???? ?? ??? ????, ???? ???? ???-?????? ?? ???? ????? ?? ?? ?????? ????? ?? ??????? ??????????? ??? ?????? ????? ?? ???????? ?????? ?? , ???? ??? ???? ??? , ?? ???? ???? ?? ?? ???? ????? ????, ????? ???? ?????? ??? ?????? ?? ??? ?? ???? ???? ?? ??? ??? ???? ??? ???, ???? ?????? ?? ??????????? ??? ?? ????? ??? ?? ?????? ?????, ?????? ??, ?????? ???????? ??? ??? ??? ?????? ???????? ( Super senior citizen of India ) ?? ???? ??? ???? ?? ???? ???? ??? ????? ???? ????? ??? ??? ??????? ????? ??, ??? ???? ?????, ??? ???? ??? ? ????? ??? ??? ?... ????? ???? ???? ????? ???? ??????? ????
????? ?????? :
I Am A 87+ years Old Widow , The Super Senior Citizen , is unable to get the possession of my flat in Shivaji CGHS , Sector -14 , Of Rohini Delhi , Flat Booked on 03-01-1972 (i.e. 54+ years back) due to being illegally and forcefully kept and grabbed by the Administrator (s) of Shivaji CGHS of Rohini and RCS Office of GNCTD. Full and Final Payment done in the year 1999-2000 , no dues after 1999-2000 , But possession of my almost reserved / entitled HIG Flat is not given to me till today , No results even after multiple times complained to President of India , Prime Minister of India , Home Minister of India , Chief Minister of GNCTD , Chief Secretary of Delhi , LG Delhi , Co-operatives Department minister of GNCTD , RCS Delhi , DDA VC , senior citizens cell and many more , i.e. every where , to get my home and get justice , but all in-vain , no one is listening to me , the helpless widow Super Senior Citizen of India , to get my said home . Waiting for wakeup of above said highest Govt. Authorities and to get looked in this matter of huge and horrible injustice with me , a Widow Super Senior Citizen of India of 87+ years aged. Lajwanti lajwati Jain , Ph. 9013329595
To know more please open/see the following link -
https://youtu.be/uiaKOtZCYvA?si=y7yuggAnn1BPoZAu
AGGRIEVED PERSON AND FAMILY - Smt. L. W. Jain Wd/o Sh. R. K. Jain , Super Senior Citizen of India of 87+ years aged , Postal Address -2/21, Sadar Bazar Delhi Cantt New Delhi - 110010.
??????? - ??????? ??????? ?????? ???, ??? 87 + ???? , widow , ???? ?? ??? ??? ?????? ??????, ??? ????? - 9013329595 .
??????? ??,
19-05-2025
???? ??, ?????? ?????? ???? ??????, ?????? ?????, ?????? ????????, ??????????, ?????? ?? ?????? ??????????? ?????? ????? ??????? ???? ?????? ??, ???????? ????? ?????? ?? ?????? ( Minister of Co-operatives Department GNCTD ) ???? ???????? ???? (????????) , ?????? ???????? ?????? ??? ?????? ???????? ?? ?????? ???? ??????? ?????? ??? ?????? ???????? ?? ??? ?????? 70 ???????? ?? ???????? -- ?????? ??? ?????? -
??? ?? 87 + ???? ?? widow ??? ??? ??? ?????? ?????? ( Super senior citizen of India ) ????? ????? ??? l ??? ?????? ????? ?? ???????? ????? ( O/o Ragistrar of Co-operative Societies of GNCTD , Parliament Street ) ??? Administrator (S) of Shivaji CGHS Appartment, Sector -14 of Rohini Delhi ?? ??? ?? ???? ?????? ??? ?? ???? ?? ??? ?? ????? ???? 54 + ??? ?? ???? ???? ??? ?? ?????? ???? ??? (Fully paidup) ???? ????? ?? ????? ??? l
?? ???? ?? ???? ?? ?? ?????? ????? ?????? A-10/2 ?? ???????? ?? ????? ???? ?? ?? ??? ???????? ?? ?????? ???? ???? ??? ???
????? ?????? ?????? ???? ??????, ?????? ?? ???????????, ???????? ????? ?????? ?? ?????? ( Minister of Co-operatives Department GNCTD ) ???? ???????? ???? (????????) , ?????? ???????? ?????? ??? ?????? ???????? ?? ?????? ???? ??????? ?????? ??? ?????? ???????? ?? ??? ?????? 70 ???????? ?? ???? ??? ??????? ?? ???? ????? ?? ????? ???? ?? ?? ???? ???-?????? ???? ???? ??? ?? l
????? ???? ??? - ?????? ?????? ????? ?? ?? ???????? ?? ???? ??? ????????? ?? ?????? ?? ?????? ???? ?? ??? ????, ???? ???? ???-?????? ?? ???? ????? ?? ?? ?????? ????? ?? ??????? ??????????? ??? ?????? ????? ?? ???????? ?????? ?? , ???? ??? ???? ??? , ?? ???? ???? ?? ?? ???? ????? ????, ????? ???? ?????? ??? ?????? ?? ??? ?? ???? ???? ?? ??? ??? ???? ??? ???, ???? ?????? ?? ??????????? ??? ?? ????? ??? ?? ?????? ?????, ?????? ??, ?????? ???????? ??? ??? ??? ?????? ???????? ( Super senior citizen of India ) ?? ???? ??? ???? ?? ???? ???? ??? ????? ???? ????? ??? ??? ??????? ????? ??, ??? ???? ?????, ??? ???? ??? ? ????? ??? ??? ?... ????? ???? ???? ????? ???? ??????? ????
????? ?????? :
I Am A 87+ years Old Widow , The Super Senior Citizen , is unable to get the possession of my flat in Shivaji CGHS , Sector -14 , Of Rohini Delhi , Flat Booked on 03-01-1972 (i.e. 54+ years back) due to being illegally and forcefully kept and grabbed by the Administrator (s) of Shivaji CGHS of Rohini and RCS Office of GNCTD. Full and Final Payment done in the year 1999-2000 , no dues after 1999-2000 , But possession of my almost reserved / entitled HIG Flat is not given to me till today , No results even after multiple times complained to President of India , Prime Minister of India , Home Minister of India , Chief Minister of GNCTD , Chief Secretary of Delhi , LG Delhi , Co-operatives Department minister of GNCTD , RCS Delhi , DDA VC , senior citizens cell and many more , i.e. every where , to get my home and get justice , but all in-vain , no one is listening to me , the helpless widow Super Senior Citizen of India , to get my said home . Waiting for wakeup of above said highest Govt. Authorities and to get looked in this matter of huge and horrible injustice with me , a Widow Super Senior Citizen of India of 87+ years aged. Lajwanti lajwati Jain , Ph. 9013329595
To know more please open/see the following link -
https://youtu.be/uiaKOtZCYvA?si=y7yuggAnn1BPoZAu
AGGRIEVED PERSON AND FAMILY - Smt. L. W. Jain Wd/o Sh. R. K. Jain , Super Senior Citizen of India of 87+ years aged , Postal Address -2/21, Sadar Bazar Delhi Cantt New Delhi - 110010.