Mumbai Housing Society Queries: 'Committee Liable For Tree Maintenance In Society Premises,' Says Expert

Q. Last week, a tree branch fell on my car on a rainy day. My car was damaged, with a dent on the roof and a broken mirror. I had repeatedly requested the secretary to trim the trees before the rains, but no action was taken. Can I make the society liable to make good the loss as my insurance does not cover such a loss? Parameswaran Nair, Malad A.

As per bye-law 155, it is the responsibility of the managing committee to upkeep the society premises. This includes trimming or cutting trees that pose a risk to life or property of the residents. The committee must obtain prior permission from the BMC before doing so. Individual members are not allowed to destroy damage, deface or cut the trees in the compound. Please take up this matter with the managing committee and if need be with the general body.

You may choose to include cover for natural calamities in your car insurance policy to avoid such losses in future.

Q. Is it mandatory for every flat owner to take the shares of the society to become a member. Can the society increase the share capital by allotting additional shares to the members? Karanjit Singh, Sion A.

Yes, the society can issue additional shares within the limit of the authorised share capital as mentioned in the bye-laws, which is approved by the registrar. In case the society has exhausted the authorised share capital limit, it must duly amend the bye-laws to increase the share and seek approval from District Deputy Registrar (DDR). At the time of registration, every society is required to specify the nature of its liability (limited or unlimited) in the application form.

Subsequently, the bye-laws of the society are required to specify the manner and the limit up to which the society's funds may be raised, the maximum share capital that any member may hold, and the purposes for which the funds may be utilised. Four copies of the revised byelaws must be submitted to the registrar for approval. You may refer to bye-laws 7, 8, and 166 for further details.

Q. Our society collected Rs50,000 from each member for structural repairs based on a structural audit. However, no repairs have been carried out, and the funds have been kept in a fixed deposit. My flat has been experiencing leakage, but the managing committee has not taken any action to repair it. What are my remedies against the committee? Anita Mahale, Bhandup A.

Repairs for the leakage from the terrace is the responsibility of the society at its own cost. The repair recommendations given in the structural audit report have to be followed to reduce the risk of any unfortunate incidence. If your society has collected a repair fund pursuant to such report, it is necessary that it is utilised for the purpose. Your society must have submitted a copy of the structural audit report with BMC and given explanation with regard to the repairs.

Please procure a copy of the said letter from your society/BMC and file a complaint with BMC for non-compliance. You may file a complaint with the cooperative court or consumer commission for society not carrying out the repairs to the terrace for leakage. (bye-laws 159, 174)

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com

Published on: Monday, July 21, 2025, 10:32 AM IST