Know Your Rights: Co-operative Housing Societies; complaints disputes and resolution

To ensure the smooth functioning of housing societies, members need to formulate bye-laws that contain various clauses to regulate the society's functioning. The purpose behind bye-laws is to regulate the society, ensure proper maintenance and resolve the residents' issues in a timely and effective manner.

The Model Bye-laws are guidelines for framing byelaws as per the Co-operative Society Act & Rules. Relevant procedures & details of competent authorities for the resolution of Member complaints are as follows:

Bye-law No 172

Members shall submit their complaint to any of the office bearers of the society, in writing, giving the details of the complaint.

Bye-law No 173

Committee's action on the complaint application: After receipt of such complaint, the committee shall take a decision in the next managing committee meeting. Such a decision shall be communicated to the concerned member within 15 days thereafter.

Bye-law No 174

If the members are not satisfied by the decision of the committee, or do not receive any communication from the committee within 15 days, the complainant member may approach the competent authority mentioned below.

Bye-law No 174(a)

Complaints to be made to the Registrar on matters pertaining to following issues...

• Registration of society on misrepresentation

• Non-issuance of the share certificates

• Refusal of membership

• Non-registration of nomination by the society

• Non-occupancy charges

• Demand of excess premium for transfers

• Non-supply of copies of records and documents

• Tampering, suppression and destruction of the records of the society

• Non-acceptance of cheques or any other correspondence by the committee

• Non-maintenance or incomplete maintenance of records and books of the society

• Non-preparation of the annual accounts / reports, within the prescribed period

• Misappropriation / misapplication of the funds of the society

• Defaulter / disqualified member on the committee

• Investment of funds without prior permission of GBM Reconciliation of accounts

• Audit, audit rectification reports

• Non-conducting of election before expiry of the term of the committee as per law

• Rejection of nomination

• Non-convening of general body meetings within the prescribed period on or before September 30 each year

• Non-calling of managing committee meeting as prescribed in bye-laws

• Resignation by the committee

• Any other matters that fall within the jurisdiction of the Registrar Non-filling of returns and statements

• Classification as active and non-active members

Bye Law No 174(b)

• Complaints to be made to co-operative court on disputes between the members and / or the members and society such as...

• Resolutions of the managing committee and general body

• The elections of the managing committee, except the rejection of nominations, as provided under section 152-A of the MCS Act, 1960

• Repairs, including major repairs, internal repairs, leakages

• Parking Allotment of flats / plots Escalation of construction cost

• Appointment of developer / contractor, architect Unequal water-supply

• Excess recovery of dues from the members

• Any other disputes which fall within the jurisdiction of the co-operative court

Bye Law No 174(c)

Complaints to be made to civil courts on disputes pertaining to...

Non-compliance of the terms and conditions of the agreement, by and between the builder / developer (specific performance)

Substandard constructions Conveyance deed in favour of the society

Escalation of construction cost

Any other disputes which fall within the jurisdiction of the civil court

Bye Law No 174(e)

Complaints to be made to the police on matters pertaining to...

• Nuisance carried by the unauthorised user of the flat / shop / parking slot / open space in the society, by the members, builder, occupants or any other persons

• Threatening / assault by or to the members of the society and official body

• Any other matters that fall within the jurisdiction of the police

(The writer is aVile Parle-based social activist)

Published on: Monday, October 24, 2022, 08:25 AM IST